traffic defense

Driving Under Revocation/Suspension (DUR/DUS)

Attorney Steven J. Pisani assists clients charged with driving under revocation (DUR) and driving under suspension (DUS). The Division of Motor Vehicles has complicated rules and regulations. If you have had your license suspended or revoked, and get caught while driving without a valid license, driving defense lawyer Steven J. Pisani can help.

Why would a license be suspended?

There are many reasons a person may have their license restrained or suspended. A license can be restrained because of excessive points from moving violations, such as speeding tickets or something more serious like a DUI. Sometimes a license may be suspended for non-driving related reasons, such as failure pay traffic tickets, failure to appear in court or not paying court ordered child support.

If you are caught driving with a restrained, suspended or revoked license you will be charged with Driving Under Restraint (DUR). Unfortunately, a DUR charge can be much more serious than something like a normal speeding ticket, and carries the possibility of jail time.

What does driving under restraint mean?

Driving Under Restraint is legally defined as “[a]ny person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that the person’s license or privilege to drive, either as a resident or a nonresident, is under restraint….” C.R.S. §42-2-138(1)(a) (2013).

The “knowledge” referred to in the statute does not necessarily mean you ‘knew” your license was revoked. All that is necessary is “constructive knowledge” which means essentially that a reasonable person should have known that their license was under restraint. Even a record that a notice of revocation was sent to a last known address can be sufficient to establish knowledge, regardless of if you actually received and/or read the notice. Such legal nuances make it essential that you hire an attorney with experience in defending DUR charges.

WHAT ARE THE CONSEQUENCES OF A DUR/DUS CONVICTION?

The underlying reason for the initial suspension or restraint will determine the possible consequences.

Penalties for non-alcohol related restraints can be:

  • 5 days to 6 months jail time;
  • Up to a $500 fine;
  • Increase of time for restraint of license.

Penalties for alcohol or drug related restraints (DUI) can be:

  • 30 days to 1 year jail time;
  • $500 to $1,000 fine;
  • And for subsequent convictions, the jail time can be increased to 90 days to 2 years in the county jail;
  • Increase of time for restraint of license.

Living in Colorado, it is incredibly difficult to get by day to day without a driver’s license. Most of our clients were simply driving to work when they were stopped by police. Whatever the reason or destination, driving without a valid license can lead to very serious consequences including jail time. Consulting with an experienced Traffic Defense Attorney will increase your chances for a favorable outcome with far less consequences.

Contact our firm today for a free consultation

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Criminal Defense

Criminal Defense Attorney represents defendants at all stages of the criminal process for both misdemeanors and felonies...

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DUI Defense

Denver DUI Attorney Steven J. Pisani represents individuals charged with driving under the influence and alcohol-related traffic...

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Domestic Violence

Denver Domestic Violence Defense Attorney Steven J. Pisani represents individuals charged with domestic violence offenses in Colorado...

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Traffic Tickets

Denver Traffic Attorney Steven J. Pisani effectively represents clients who have been charged with a traffic offense. Traffic laws are typically...

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We provide full-service legal assistance with specialization in criminal defense representation, domestic violence defense, DUI defense (driving under the influence), Colorado traffic tickets, Drunk Driving, juvenile criminal defense, shoplifting defense and sealing of criminal records...

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