Driving under suspension or revocation (or “DUR”) can be a serious offense. How serious this offense is depends on a variety of factors, including your driving history, the basis for your suspension, and how many prior convictions for driving under suspension you may have.
The minimum mandatory sentence for a driving under suspension charge is five days. If you are convicted of driving under suspension, this jail sentence cannot be suspended. However, it can possibly be served on in home detention. Should the basis of your revocation be a prior drinking and driving offense, the minimum mandatory sentence is elevated to thirty days.
A criminal defense attorney can assist you in minimizing if not eliminating any jail sentence relative to a charge of driving under suspension. In some cases, your attorney may be ale to buy you time such that if you are able to get your license back your twelve point ticket can be reduced to a zero point ticket – avoiding any further suspension of your license, along with any jail time and substantial fines.
If you have multiple prior convictions for driving under suspension, you are likely looking at a jail sentence, but an attorney can assist you in ensuring that sentence is reduced, and also verifying whether there are any significant legal weaknesses to the prosecution’s case such as whether the stop of your vehicle which led to the charge was valid or not.
Additionally, an important consideration when facing a charge of driving under suspension is that a conviction for driving under suspension constitutes a habitual traffic offender strike. If you receive three habitual traffic offender strikes within seven years, you will lose your license for five years. Offenses that would constitute qualifying offenses are: driving under influence, driving under suspension, driving while ability impaired, reckless driving, vehicular assault, and vehicular homicide.
When criminal charges put your future on the line, the outcome can hinge on what happens long before a jury is seated. Strategic pretrial motions can challenge questionable evidence, push for charge reductions, or even secure a full dismissal.
With nearly two decades of experience, Denver, CO criminal defense lawyer Kimberly Diego of The Law Office of Kimberly Diego knows how to leverage these motions to protect your rights and
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