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.
A new felony charge in Denver can take on a much heavier tone once prosecutors raise the possibility of habitual criminal sentencing. A case that might otherwise be handled like many other felonies can turn into a high-exposure situation if the state claims your prior convictions qualify under Colorado’s habitual criminal laws.
The Law Office of Kimberly Diego defends people facing serious felony allegations and high-stakes sentencing threats in Colorado
Being falsely accused of domestic violence is a uniquely devastating and frightening experience. In Colorado, law enforcement officers responding to domestic disturbance calls are encouraged, and in many cases required, to make an arrest when probable cause exists. This means individuals can face criminal charges based largely on one party’s statement at the scene.
At the Law Office of Kimberly Diego, our Denver criminal defense attorney understands the legal challenges
Not every encounter with law enforcement in Denver is lawful. Police stops must comply with constitutional standards for protection against unlawful searches and seizures. When these standards are not met, your Denver criminal defense lawyer can challenge the evidence obtained during the stop. In some cases, this could result in reduced criminal charges or even dismissal.
If you are charged with a driving criminal case in Denver, the criminal defense
