3. Are there defenses to CRS 42-2-138 charges?

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with traffic offenses like driving under restraint. In our experience, the following three defenses are very effective with prosecutors, judges, and juries.

1. You did not know your license was suspended. Perhaps the DMV failed to notify you about the suspension or revocation. Or perhaps the notice got lost in the mail at no fault of your own. Unless the District Attorney can prove that a reasonable person in your position would have known their driving privileges were suspended, then no DUR crime occurred.³
2. Your license was not under restraint. Perhaps the DMV made a clerical error, or perhaps the police officer at the traffic stop ran the wrong name. As long as you can show you had an active license at the time of the incident, the DUR charges should be dropped.
3. You were driving due to an emergency. It is always illegal to drive under restraint, even during emergencies. However, the D.A. may choose to drop the criminal charge if you had a legitimate excuse to drive without a current license. Examples may be to escape a wildfire or to take someone to the hospital if an ambulance was unavailable.

4. Related offenses

4.1. Driving Without a License

CRS 42-2-101 makes it a class A traffic infraction to drive in Colorado without a current and valid driver’s license. Penalties include:

• $15 to $100 plus a surcharge; and
• Possibly DMV points

After a subsequent conviction, you will have to wait an extra year to get a Colorado driver’s license.

Note that driving on a recently expired license – or operating a motor vehicle without a license in your immediate possession – is only a class B traffic infraction. The penalty for this traffic ticket is $15 to $100. Though a subsequent conviction will cause 6 DMV points to go on your driving record.

4.2. Unlawful Possession or Use of a License

CRS 42-2-136 makes it a crime to unlawfully possess or use a driver’s license in Colorado. Examples of this offense include:

• Altering a driver’s license
• Fraudulently obtaining someone else’s license
• Not surrendering a suspended or canceled license
• Letting someone else use your license
• Presenting someone else’s license as your own
• Duplicating a license for unlawful purposes

This crime is typically a class 2 misdemeanor under CRS 42-2-136. Unlawful possession of a driver’s license can result in up to 120 days in jail and/or up to $750 in fines.

Note that it is a petty offense to photograph, copy, or duplicate a license for purpose of resale, reuse, or distribution. An example is making a fake ID using Photoshop. Penalties include up to 10 days in jail and/or up to $300 in fines.²

Also see our article, unlawful possession of use of a commercial driver’s license (CRS 42-2-409).

4.3. Permitting an Unauthorized Person to Drive

CRS 42-2-140 makes it a class B traffic infraction to let a person with no driving privileges operate a motor vehicle in Colorado. An example is letting your friend borrow a car even though you know the friend had their driving privileges suspended due to too many traffic offenses. Penalties include $15 to $100 in fines.