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.
In Colorado, the law permits self-defense, but only under specific conditions. What begins as a self-protection claim can easily spiral into a criminal charge if the facts are misread or misrepresented. That’s why understanding how self-defense is treated under Colorado law can be the key to protecting your freedom.
At the Law Office of Kimberly Diego, we’ve represented clients in cases where force was used for one reason only: survival.
If you or a loved one is facing a challenging situation regarding the Colorado Red Flag Law, you may be feeling overwhelmed and unsure of where to turn for help. The Colorado Red Flag Law allows for the temporary seizure of firearms from individuals who pose a danger to themselves or others. This delicate legal matter requires a strong and experienced defense.
When carrying the weight of a criminal record, it doesn’t just sit in the background. It shows up in places that matter – job applications, apartment hunting, and even volunteer opportunities. If you’ve served your sentence, completed probation, or had your case dismissed, it’s fair to wonder whether Colorado allows you to clear the slate. The answer is yes, but not always – and not without strategy.
