Driving under restraint is a serious traffic misdemeanor charge in Colorado. One drives under restraint when they drive while their driving privileges are under restraint in the state of Colorado. This offense is punished by at least five days, and no more than six months in the county jail. However, if the reason why the person’s driving privileges are revoked is an alcohol related driving offense such as DUI, the mandatory minimum sentence becomes thirty days and the maximum becomes a year in the county jail. Should a person be facing a second or third conviction for this offense, his minimum sentence becomes ninety days and the maximum sentence is extended all the way up to two years.
Driving under restraint is a twelve point offense; meaning that a conviction for driving under restraint will necessarily cause a revocation of your driving privileges. Additionally, driving under restraint would constitute a habitual traffic offender strike.
Occasionally, a situation arises where a driver is charged with driving under restraint but is eligible to reinstate his license. In such circumstances, an attorney may be able to extend your court case out until you are able to obtain your license. Should you obtain your license, it is often possible to negotiate a plea which will not re-suspend your driving privileges.
Whether you are facing your first or a subsequent driving under restraint charge, the assistance of a defense attorney can be critical in minimizing or eliminating any impact on your driving privileges, along with minimizing any sentence of incarceration which may apply due to mandatory minimums.
An unconstitutional search can result in drug evidence being thrown out of court entirely, and without that evidence, prosecutors in Colorado often cannot prove the case.
Both the U.S. Constitution and the Colorado Constitution protect individuals from unreasonable searches and seizures, and Colorado courts have at times interpreted the state constitution to provide broader protections than those required by federal law. At the Law Office of Kimberly Diego, our Denver
Colorado’s habitual criminal law allows prosecutors to triple or quadruple the maximum sentence on a new felony when a defendant has prior felony convictions, and in some scenarios it mandates life in prison with no parole for 40 years. Two prior felonies within ten years can turn a class 4 felony with a six-year maximum into an 18-year sentence. The Law Office of Kimberly Diego has defended Colorado criminal charges
The plea deal process is a key part of the criminal justice system in Denver, CO. Rather than proceeding to trial, a defendant may be offered a plea agreement by the prosecution to plead guilty to a lesser charge or to obtain a reduced sentence. While plea deals can provide certainty and potentially minimize penalties, they also carry significant long-term consequences, including criminal records, probation requirements, fines, and other collateral
