Driving under restraint is a severe traffic-related offense. It can significantly inconvenience your personal and professional life. Defending oneself against these charges can be challenging because judges take such violations seriously.

Driving with a denied, revoked, or suspended driver’s license can be a Class 2 misdemeanor traffic offense or a Class A traffic infraction. The Denver criminal defense attorney can help you avoid the fines and jail terms that come with this offense.

Do I Have a Defense if I Was Not Aware of the Suspension?

Many people drive around unaware that their driving privileges have been suspended. This happens when the DMV fails to notify you when they suspend your driver’s license or when the notification gets lost in the mail.

It is possible to convince the judge that no crime was committed if you can ascertain your lack of knowledge on the suspension. But remember that the prosecution might argue that a reasonable person in your position would have known that the driver’s license was suspended.

How Do I Defend Myself if I Committed No Offense?

It could be a mistake if you committed no offense that warrants a driver’s license suspension. Seasoned Denver driving under suspension lawyer can help you investigate if you are confident that you have no criminal or traffic record that could warrant such a move.

A police officer might have run the wrong name at a traffic stop, or the DMV could have made a clerical error. Such mistakes can make the state believe that you were committing the offense of driving under restraint. The District Attorney might drop the charges against you when they realize that you were innocent.

Can Driving in an Emergency Be Used as a Defense?

While it is illegal to drive under restrictions, your case might be excused even in emergencies. If your excuse for driving without a current license sounds legitimate, the D.A. might be convinced to drop the charges against you.

For instance, someone could have been unwell, and you needed to take them to the hospital because an ambulance was unavailable. Also, there might have been a wildfire, and you needed to escape and save your car. Experienced Denver driving under suspension lawyer could be instrumental in successfully pleading your case.

Can I Use a Constitutional Violation in My Defense?

Violation of the accused person’s constitutional rights can be used in such cases, similar to how it would be used in other criminal cases. You might have a defense if the law enforcers did not:

  • Remind you that you could refuse to speak to them in the absence of your lawyer
  • Remind you that you can have legal representation
  • Conduct search and seizures based on probable cause
  • Follow the due process in preserving evidence against you

A Denver attorney can analyze your arrest and everything that transpired before trial to see if your rights were violated. And judges do not hesitate to throw out cases that involve breaking the law and violating the defendant.

Can I Build a Defense From the Prosecution’s Shortcomings?

While the prosecution strives to take strong cases to court, and not waste taxpayers’ resources, they can fall short sometimes. Among the first things a reasonable attorney in Denver would do, is to get access to your charge sheet. This could uncover weaknesses that can be used to your advantage. Proper scrutiny could reveal:

  • Inaccurate crime reconstruction
  • Flawed photo lineups
  • Incompetent computer evidence
  • Defective administration of forensic testing
  • Flawed crime scene investigation
  • Incompetent or biased witnesses

The trick here is to plant seeds of doubt in the judge’s minds. Highlighting inconsistencies in the evidence, the manner it was conducted, and the credibility of the witnesses is an excellent way to get any criminal charges off your shoulders.

What Happens if I Don’t Invest in My Defense?

You might be seriously penalized if your defense is weak and fails to convince the judge. Colorado punishes drivers under restraint based on why the license was suspended, and whether they are a first offender or a subsequent one. If you don’t have a strategic defense, you risk:

  • Fines
  • Jail term
  • Additional DMV points
  • Probation
  • Inability to get a new license for several years
  • Extension of the license suspension

Reasons for driver’s license suspension might be because of an outstanding judgment, driving under the influence, or other reasons. Regardless, you stand to lose a lot if you are convicted of the offense. You need an excellent legal team behind you to avoid the worst possible outcome.

What Kind of Attorney Do I Need in My Defense Team?

Every accused person in Colorado needs a lawyer knowledgeable and confident in their practice. They should make you comfortable discussing your situation and prioritize your rights and freedom. Ensure that they have a track record of producing results before you start working with them.

Remember that your future driving privileges, hard-earned money, and the normalcy of your life are at stake if you are charged for driving under restraint. So, do not gamble with your legal defense. Skilled Denver driving under suspension attorney can negotiate for dismissal with the D.A. or fight for an acquittal if the case goes to trial.

Attorneys Giving its Clients Sound Legal Advice

You might feel like your case is too obvious and think your defenses are too limited. This might only be the case if you rely on your little legal knowledge or consult with attorneys that lack skill and experience. The best defense approach depends on the circumstances, and a skilled Denver criminal defense lawyer at our law firm can easily hack it.

Our lawyers are dedicated to making your legal problem our top priority. Our client-centered approach is the basis of all our wins in the corridors of justice. Speak to us today, and we will work tirelessly to give you the outcome you deserve.

Dan Murphy
By: Dan Murphy

Denver criminal defense lawyer Daniel M. Murphy provides clients in the Denver area with aggressive and sympathetic legal representation. He graduated from the University of Denver Law School in 1994 and worked as a public defender before starting his own practice in 1996. He has defended clients accused of the most difficult criminal and alcohol-related charges. He also serves as a Moot Court Judge for Denver-area law students who rely on his mentorship.