Driving Under Restraint

If you have been charged with Driving Under Restraint in Colorado, you need to speak with an experienced Boulder criminal defense attorney immediately to protect your rights. In simplest terms, driving under restraint means driving on public roads after being denied the right to drive. It doesn’t refer to someone who simply has no license, or whose license is expired, but rather to someone who has been specifically denied the right to drive. In most cases, this means that the driver’s license has been suspended or revoked. Many of the people who are charged with Driving Under Restraint have been pulled over for a traffic offense after their license has been revoked due to a DUI or DWAI. The dedicated defense lawyers at Steven Louth Law Offices have helped numerous Coloradans who have been charged with Driving Under Restraint.

Elements of the Criminal Charge

Although driving under restraint involves a traffic offense, it is a criminal charge which carries mandatory jail time which cannot be suspended. In other words, if you are convicted of the charge, you will go to jail. The offense has two main elements: restraint of your license, and knowledge of the restraint.

  • Restraint

  • Suspension – Failure to pay child support, too many points on your license, and driving without proof of insurance can all lead to a license suspension.
  • Revocation – DUI and DWAI carry mandatory license revocation.
  • Denial – If you moved to Colorado, applied for a Colorado license, and were denied.
  • Knowledge of Restraint

  • Actual Knowledge that your license was under restraint
  • Knowledge of Circumstances that would cause a reasonable person to know that their license would be under restraint.

Driving under restraint can be a difficult charge to defend, because the state essentially only has to prove those two elements. As a matter of interest, it does not matter whether your driver’s license was issued in Colorado or another state. Proving that your license was under restraint is often easy for the state. In some cases, it may be possible to show that you were genuinely and reasonably unaware that your license was under restraint. In many cases, however, the goal of a Boulder criminal defense lawyer in a driving under restraint case is, frankly, to minimize the penalty.

In the event of a conviction, the driver may be fined between $50 and $500. Additionally, the driver may spend between 5 days and 6 months in jail. For repeat offenders, the penalties can get very serious. However, a Boulder defense attorney may be able to show that you were driving because of an emergency, or that some other circumstances make the offense less serious than it appears. In fact, in the case of an emergency, you may be able to receive a suspended sentence, in which case you may not actually have to serve your jail time.

Protect Your Rights

If you have been charged with driving under restraint, speak to the dedicated Boulder criminal defense attorneys at Steven Louth Law Offices. Some people may have the instinct to believe that a traffic charge is “no big deal,” but the fact is that any criminal charge is a big deal. Any criminal charge that carries mandatory jail time is a very big deal. Steven and Zachary Louth have experience with criminal defense cases from ranging from criminal traffic charges to Class 1 felonies. As a former Boulder County prosecutor, Steven possesses a thorough understanding of how the state assembles cases, and how best to design your defense. Whatever the circumstances of your arrest, Steven Louth Law Offices have the experience you need to get the best possible outcome. For more information and a FREE CONSULTATION, call (303)442-2297 today.



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