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Drivers’ licenses can be suspended for any number of reasons such as accumulating too many moving violations, getting a DUI or even failing to pay child support. In other words, having a suspended license is usually a penalty for something.
As a result, when drivers with suspended licenses are subsequently caught driving, the resulting charges and penalties can be harsh — and having the help of an experienced defense lawyer like attorney James L. Finegan will be essential to successfully resolving these charges.
Driving Under Suspension: The Charges And Potential Penalties
When someone is accused of driving on a revoked or suspended license in Colorado, the charges they face will usually be driving under restraint (DUR), with the specific nature and severity of the charges depending on whether alcohol and/or drug impairment was involved in the initial revocation.
Specifically, for DUR charges where the reason for your suspension or restraint does not involve alcohol or drug impairment, the potential penalties upon conviction can include:
- Jail time — Up to six months
- Fines — Up to $500
- Longer license suspensions — The duration of this extension will vary according to the details of the incident
In the event your original revocation or restraint does involve alcohol and/or drug impairment, the potential penalties upon conviction for DUR can include:
- Jail time — Between 30 days and one year (with the period of incarceration increasing to as much as two years if the accused has a prior DUR/DUS conviction)
- Fines — Between $500 and $1,000
- Longer license suspensions
DUR/DUS Charges And Cases: More Important Information
- To convict someone of driving under restraint/suspension in Colorado, it is necessary for prosecutors to establish “constructive knowledge,” meaning that a reasonable person in the same situation would have been aware that their license was suspended. In other words, the “I didn’t know my license was suspended” argument will not necessarily work as a defense in these cases.
- In some cases, constructive knowledge can be established by showing that a letter regarding the suspended license was sent to the accused person’s residence (or last known residence) — even if that individual never received the notice.
- Successfully resolving DUR/DUS cases can be key to protecting the freedom and possibly careers of the accused. That is why retaining an experienced defense attorney is so important for those charged with DUR or DUS in Colorado.
Contact Denver Traffic And Criminal Defense Attorney James L. Finegan Today
If you have been charged with driving on a suspended license, attorney James L. Finegan is here for you, ready to craft you the strongest possible defense. Since 1980, James L. Finegan has been providing aggressive legal advocacy and effective defense services to those accused of various traffic and other criminal offenses.
To learn more about your defense options and how Denver attorney James L. Finegan can help you, attend a free, no-obligation case evaluation with him, schedule this meeting now by calling 303-586-2961 or toll-free at 877-834-4609. You can also send an email via the contact form on this page.