Colorado Driving Under Restraint DUR & Driving Under Suspension DUS & Driving Under Denial DUD and
Driving after Revocation Prohibited DARP - Colorado Springs traffic & criminal defense attorney

Adobe Acrobat Reader version 5 or later is required to view .pdf files    Free Download

If your license is presently suspended, revoked or denied, there is very good reason to immediately stop driving until you are reinstated, in possession of a valid license and properly insured.

        If a defendant is presently charged with driving under restraint and is currently eligible to reinstate and obtain a valid license it is advisable to do so immediately.  Passage of time and being eligible for reinstatement is insufficient.   A DMV suspension, revocation or denial order is for a time certain, but continues forever until the driver takes affirmative action to become reinstated and licensed or obtain a DMV clearance letter.  Every driver should act immediately before incurring additional criminal charges.

        Admissions made by a criminal defendant may be admissible in the prosecutor's case in chief.  At the of investigation or arrest or subsequent thereto, no criminal defendant should discuss a case with or make any statements whatsoever to any law enforcement officer, prosecutor, witness, the alleged victim, an insurance adjuster or any other third person.  Prosecutors will not hesitate to file intimidation of witness felony charges, and your statements are admissible in a trial or motions hearing.  You have the absolute right to remain silent even if police don't tell you.  Exercise that right.  In some circumstances, no statutory privilege exists with respect to medical providers (doctor, nurse, etc), counselors (psychologist, psychiatrist), clergy (minister, priest) or spouse (husband, wife) - only the attorney-client privilege exists.  Consult with your attorney before talking.

State Court Traffic Offense - Information & Procedures
court costs $18 + victim compensation fund "sin tax" would be in addition to the fines

1. Jail.  Driving under restraint traffic offenses are misdemeanor criminal charges and carry mandatory jail in addition to fine, court costs, points and other conditions as may be specified by statute or are reasonably related to rehabilitation.  Statutory minimum and maximum amounts of jail depend upon whether alcohol (DUI, DEAC or DWAI ) conviction entered in any offense underlying the suspension, revocation or denial.  See below explanations. 

2. BAIL BOND.  If you were booked into jail, you have likely bonded since you are looking at this webpage.  Alternatively you have a loved one currently sitting in jail shortly after an arrest.  Pending trial, the fasted way to get out of jail is to procure a bail bond.  Refer to the BAIL BOND page for additional information.

3. Court Appointed Counsel
        a.  If jail may be imposed for any period, including offenses less than 6 months jail, the state has an obligation to appoint an attorney for an indigent (poor) defendant.  An indigent defendant has a constitutional right to appointed counsel "only when, if he loses, he may be deprived of his physical liberty."  Lassiter v. Department of Social Services, 452 U.S. 18, 27, 101 S.Ct. 2153, 2159, 68 L.Ed.2d 640, 645 (1981); see Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972 (petty offense case); see also Stern v. County Court, 773 P.2d 1074 (Colo. 1989) (attorney must be provided for indigent defendants accused of crimes if imprisonment may be imposed).
        b.  The defendant may not choose his / her own lawyer.  When an appointment is made, the court appoints the Public Defender's Office and if there is a conflict due to multiple defendants, the court a member of the private defense bar who has contracted with the state for court appointments.
        c.  If the prosecutor waives jail, the state's obligation to provide counsel is negated.  When an indigent defendant is not actually sentenced to a term of imprisonment, due process does not require the appointment of counsel.  See Scott v. Illinois, 440 U.S. 367, 99 S.Ct. 1158, 59 L.Ed.2d 383 (1979).  This could happen by reduction of the charge and waiver of jail by the prosecution.

4. First Appearance.  
        a.  The ticket is the charging document and advises defendant of the charges filed.  The ticket contains a date and time defendant must appear in court for first appearance, where defendant will be advised of the nature of the charges and possible penalties.  At that time defendant will also be asked how he / she wishes to proceed with his / her case.  If defendant fails to appear, a warrant will be issued for his / her arrest.  If this office has been hired, I will take care of the first appearance for the client, and the client need not appear in Court unless I notify the client.
        b.  We are all human - periodically the law enforcement officer(s) make(s) an error on the summons.  Some errors are sufficient to deprive the court of jurisdiction to hear the case.  If an error exists, it may be worth making a big ta-do because it may result in dismissal or a more favorable plea offer.

5.  Entry of Plea & Demand for Trial.  
        a.  In El Paso County, initial negotiations are held in the First Appearance Center.  A case may reach final disposition without being transferred to a division.
        b.  Under the speedy trial rule, trial must be provided within 6 months from entry of not guilty plea.
        c.  If the defendant enters a plea of not guilty at first appearance, the court may set the case for trial and deny a request for pre-trial conference - a negotiation date.  This is to avoid speedy trial dismissals.  Frequently a defendant will delay entry of a not guilty plea and simply set the case for pre-trial conference.  If not settled at pre-trial conference, then a not guilty plea is entered, and the case set for trial.
        d.  Demand must be made for jury trial:
                1.  Misdemeanor offense cases:  When a not guilty plea is entered.  Jury trial is free if jail may be imposed in excess of 6 months.  The court may charge a $25 jury deposit if jail is limited to 6 months or less.  Standard number of jurors is 6, defendant may request 3 jurors.
                2.  Petty offense cases:  The demand must be accompanied by a $25 jury deposit within 10 days from entry of not guilty plea.  Standard number of jurors is 3, defendant may request 6 jurors.
                        a.  There is no constitutional right to a jury trial for a petty offense. Petty offenses are crimes or offenses punishable not in excess of imprisonment for six months and a fine of not more than $500, or a combination of imprisonment and fine within such limits. Robran v. People, 173 Colo. 378 (Colo. 1971); Austin v. City and County of Denver, 170 Colo. 448, 462 P.2d 600 (Colo. 1969)
                        b.  The statutory right to jury trial in a petty offense is established in CRS 16-10-109, however the statute identifies petty offenses as an offense classified as a petty offense or defined as an offense which is punishable by imprisonment other than in a correctional facility for not more than six months, or by a fine of not more than five hundred dollars, or by both such imprisonment and fine.  An El Paso County Court case appealed to the District Court resulted in a ruling that jury trial is a right in an MIP prosecution (underage possession / consumption) which does not fit the statutory definition of petty offense for purpose of jury trial right, however counsel would argue that right.
        e.  The right to jury trial is an important right which should never be waived unless for tactical reasons after consulting with counsel.

6. Pre-Trial Conference.  At the time of first appearance, the court sets most cases for pre-trial conference.  At this time, defendant or defense counsel will meet with the prosecutor to discuss possible alternatives and attempt to reach an agreement to dispose of the case.  This is called plea bargaining. Plea bargaining can also occur outside pre-trial conference setting.  Clients have inquired "What's a deferred sentence?"  Refer to the link for information.  Are prosecutors concerned with their statistics? If a plea bargain is obtained which is acceptable to the client, the case is dismissed or set for sentencing.  If a plea bargain is not obtained which is acceptable to the client, the case is set for motion hearings or trial, or both. Locally the courts require a defendant's presence unless an out of state resident.  Offer of flat dismissal is unlikely in most cases.  The goal is to procure a disposition with which the defendant can live, e.g. not going to jail or not losing the driver's license, or perhaps a deferred sentence to a lesser charge which would not be reflected on the consumer driving abstract.  Other than flat dismissal or not guilty verdict, deferred sentence to a lesser charge is the only disposition which will avoid one additional year loss of driving privileges.

7. Motions Hearings.  Counsel may file any of several motions available.  Traffic most common motions:

        a. Discovery Motion. This is a request to discover information in order to prepare an adequate defense
        b. Motion in Limine. This is a motion to exclude evidence from trial on the basis of evidentiary or statutory grounds.  If DUI, DEAC or DWAI is also charged, an example would be a breath or blood test which is not defendant's but mislabeled; and which could prejudice the jury without having any importance on the issue of guilt or innocence.  Another example would be an attack upon a radar gun which was not property maintained, operated or tested by tuning forks if speeding were also charged.  Unreliable DMV notice mailing log books could also by the subject of a motion in limine.
        c. Motion to Suppress. This is a motion to exclude evidence from trial on the basis of violation of constitutional rights.  An example would be a random stop for the purpose of an evidentiary fishing expedition.  Absent probable cause (reason to believe defendant engaged in a crime) for the stop or arrest, evidence obtained therefrom may not be used against defendant.  Similarly, forced confessions or statements may not be used.  There are many other arguments which may be available in traffic cases.  With limited exceptions, defendant must be present in court for motion hearings.

8. Trial.

        At a trial, guilt or innocence ill be determined, and it must be decided unanimously (all jurors agree).  Every defendant has the right to a trial by jury of 6 persons, or to the judge alone.  The right to trial by jury should never be waived (given away) without advice of counsel; it is an important right.  At trial, the prosecution must prove each and every element of the crime(s) charged beyond a reasonable doubt.  Every defendant is presumed innocent unless and until the prosecution proves guilt beyond a reasonable doubt.  Every defendant may remain silent, or may testify if he / she chooses. Defense may call witnesses and make them come to court by subpoena.  Every defendant may confront and cross-examine witnesses against him / her.  A trial on a traffic offense charge is a criminal trial with all rights attached. If defendant is found not guilty, the case is concluded.  If defendant is found guilty of any charge, including a lesser charge (e.g. reckless driving charge convicted of careless driving), the case is set for sentencing.  Defendant must be present in court for a trial.  Under some circumstances, the court may proceed to trial without the presence of the defendant, but that's a bad idea from defense perspective.

9. Sentencing:  DUR offenses carry mandatory jail - see below.  The court may impose jail, fine, court costs and prosecution costs as provided by statutes.  Law requires every defendant make restitution (make the victim whole).  As a condition of probation, the court may also impose any other condition reasonably related to rehabilitation.  e.g. traffic safety class, useful public service, or if an alcohol related factual basis, alcohol education or therapy, Alcoholics Anonymous - AA Meetings, Rx disulfiram (antabuse) and monitored abstinence or drug treatment.  Points are assessed for traffic offenses.  Based upon points reported by the court, the DMV may take adverse action against Colorado driving privileges.  DUR carries no points, just one additional year loss of license which must run consecutive (back to back) with any other license loss.  Habitual offender status may even be a possibility - that can occur from too many speeding or other minor infraction tickets.  DUR is a major violation for purposes of the habitual offender statute.  Regarding alcohol related basis for underlying license loss, refer to vehicle forfeiture - new legislation pending.

10. Preparation for Sentencing.
        In a criminal traffic case, counsel looks for facts which may lead to dismissal of charges or not guilty verdict. Plea negotiations are affected by weaknesses in the DA's case.
        "Shoot for the best - plan for the worst."  It is also wise to plan for other contingencies; conviction of an offense or infraction.  Anticipating you may subsequently face a judge, to prepare for the most favorable sentencing result a defendant should immediately commence 100 hours useful public service and a Level B or Level II traffic safety class.  That will also aid negotiations.

*        *        *        *        *        *        *        *

        Felony cases are similar to misdemeanor procedures noted above, except for a few differences.  The defendant is advised in County Court, then in El Paso County the case is transferred to District Court for advisement about a week later.  All proceedings transpire in District Court.  In other counties, preliminary proceedings may be held in County Court, and the case is transferred to District Court at a later time.

        In felony cases, proceedings are held in the division courtroom; the First Appearance Center is not utilized for felony matters.  No specific dates are set for negotiation between a Deputy DA and defense counsel or defendant as happens in misdemeanor cases (pre-trial conference.)  The court may set a case over for further proceedings, and negotiations are frequently conducted at the District Attorney's Office or by phone.  On the return date, the parties advise the court of status (settled, settlement pending or disposition unlikely.)  The court will then set another further proceedings uncontested court date, or will set motions hearing and trial dates.  Negotiations will likely be affected by the strengths or weaknesses of the District Attorney's case and what efforts, if any, defendant has made toward useful public service and / or traffic safety class, although those defendant remedial efforts are less likely to have an impact on a felony disposition than on a misdemeanor disposition. 

        DARP is not sufficiently serious to merit a preliminary hearing.  Contested cases are therefore set for motions hearing and jury trial.  In a felony case, a defendant is entitled to a jury of 12 whereas a misdemeanor is entitled to 6 jurors at the most.

        In both felony and misdemeanor offenses, at trial the prosecutors must prove each and every element of the offense charged beyond a reasonable doubt, and the jury must return a unanimous verdict.  Misdemeanor offenses carry county jail as a possible consequence.  Felony offenses carry state penitentiary longer periods of incarceration as a possible consequence.

        Colorado driver's license or Colorado driving privileges are suspended, revoked or denied as a result of conviction of non-alcohol related offenses, and the driver is subsequently arrested on a charge of driving under restraint - suspension, revocation or denial:

CRIMINAL PENALTY
        FINE:  Minimum $50 - Maximum $500
        JAIL:  Mandatory minimum 5 days - 6 months maximum
                " the court shall not grant probation or a suspended sentence, in whole or in part, or reduce or suspend the fine, except in a case where the defendant has established that the defendant had to drive the motor vehicle in violation of this section because of an emergency"
                CRS 42-2-138

PENALTY AGAINST DRIVING PRIVILEGES:
        Any moving violation or point assessment during the period of suspension, revocation or denial results in license loss automatic extension by one year.  
        This action is taken administratively with notice sent to the driver.  The driver may request a hearing.
        The additional year must run consecutive (back to back), not concurrent (at the same time) with any other license adverse action.  Simply put - a driver loses his / her license for one additional year - no room for negotiation.
        This includes action taken if the Colorado DMV FRA Section (Financial Responsibility Act) receives a report of a motor vehicle accident from local law enforcement or from a third party driving involved in the accident.
        CRS 42-2-138

        Colorado driver's license or Colorado driving privileges are suspended, revoked or denied as a result of conviction of alcohol related offenses, and/or driving privileges have been revoked for excessive alcohol content or refusing a chemical test and the driver is subsequently arrested on a charge of driving under restraint - suspension, revocation or denial:

CRIMINAL PENALTY

FINE:  Minimum $500 - Maximum $1,000
        JAIL:  Mandatory minimum 30 days - 1 year maximum
        " the court shall not grant probation or a suspended sentence, in whole or in part, or reduce or suspend the fine, except in a case where the defendant has established that the defendant had to drive the motor vehicle in violation of this section because of an emergency"
        CRS 42-2-138

PENALTY AGAINST DRIVING PRIVILEGES:
        Any moving violation conviction or point assessment during the period of suspension, revocation or denial results in license loss automatic extension by one year.  
        This action is taken administratively with notice sent to the driver.  The driver may request a hearing.
        The additional year must run consecutive (back to back), not concurrent (at the same time) with any other license adverse action.  Simply put - a driver loses his / her license for one additional year - no room for negotiation.
        This includes action taken if the Colorado DMV FRA Section (Financial Responsibility Act) receives a report of a motor vehicle accident from local law enforcement or from a third party driving involved in the accident.
        CRS 42-2-138

*        *        *        *        *        *        *        *

VEHICLE FORFEITURE
legislative debate

        On January 12, 2005 Senate Bill 05-018 was introduced into the Colorado State Legislature which would have resulted in forfeiture of a defendant's vehicle under the following circumstances.

1. Driving under restraint conviction, CRS 42-2-138 (charges not uncommon in conjunction with DUI)

2. Prior license revocation under CRS 42-2-125 arising from one or more below convictions:
           Vehicular homicide involving alcohol or drugs
           Vehicular assault involving alcohol or drugs
           Driving under the influence of a controlled substance or while habitual user of substance
           DUI, DWAI or DEAC second within 5 years
           DUI, DWAI, DEAC or "baby DUI" by person under age 21
           DUI, DWAI or DEAC 3rd or subsequent within a lifetime

        As written, the bill did not require a separate forfeiture action, but would have permitted the court, upon prosecutorial request, to order forfeiture at sentencing or as a condition of deferred sentence.  Absent a separate forfeiture proceeding, nuisance allegation, notice and opportunity to be heard, it is likely the law would have been challenged in the Colorado appellate courts - particularly in light of the monetary value of motor vehicles.  Jurisdictional limits of county court may also have been an issue.  Be that as it may, no defendant wants to make new appellate law - that's expensive.  This proposed forfeiture law applied to an owner - operator, or vehicles not owned by the operator if the owner gave consent for the operator to drive.  The proposed law didn't place any burden on the state to establish that the separate owner had knowledge of the operator's consumption of alcohol or sobriety, merely that the separate owner gave permission for the operator to drive the vehicle.  Put another way to be clear in layman terms, forfeiture is an involuntary give away of your motor vehicle.  On April 29, 2005 the bill was postponed indefinitely in the House Committee on Judiciary.

        When the family car transportation is lost as an adjunct to alcohol, job loss and dissolution of marriage are foreseeable potential collateral consequences.  The Colorado legislature is getting tough on alcohol related traffic offenses, and has considered delving painfully deep into the pocket book of offenders.  This may have been an attempt to fill the state coffers, may have been in response to "Fatal Fall 2004" underage alcohol deaths or may have been an attempt to deter alcohol related traffic injuries and fatalities.  Regardless of the legislature's motive, forfeiture would be an enormous revenue source for the State of Colorado.  Similar to the large cigarette tax hike approved by voters in 11/04 elections, vehicle forfeiture may be publicly perceived as a significant "sin tax" and therefore the issue may arise again.

        Colorado driver's license or Colorado driving privileges have been revoked or denied as a result of DOR ruling that the driver is an habitual traffic offender.  For information regarding the habitual traffic offender process, refer to Habitual Traffic Offender

        Defendant has been arrested for allegedly operating a motor vehicle during a period his / her Colorado driving privileges have been revoked or denied as habitual traffic offender.

*        *        *        *        *        *        *        *

CLASS 1 MISDEMEANOR CRIMINAL PENALTY
        FINE:  Minimum $500 - Maximum $5,000
         JAIL:  
                Presumptive Term:  6 months minimum to 18 months maximum
                Mandatory Minimum:  Jail Term - 30 days / Fine - $3,000
                " Notwithstanding the provisions of CRS 18-1.3-501, any person convicted of violating subparagraph (I) of this paragraph (a) shall be sentenced to a mandatory minimum term of imprisonment in the county jail for thirty days, or a mandatory minimum fine of three thousand dollars, or both. The minimum jail sentence and fine required by this subparagraph (II) shall be in addition to any other penalty provided in CRS 18-1.3-501, The court may suspend all or a portion of the mandatory jail sentence or fine if the defendant successfully completes no less than forty hours, and no greater than three hundred hours, of useful public service. In no event shall the court sentence the convicted person to probation. Upon the defendant's successful completion of the useful public service, the court shall vacate the suspended sentence. In the event the defendant fails or refuses to complete the useful public service ordered, the court shall impose the jail sentence, fine, or both, as required under this subparagraph (II)."
                CRS 42-2-206(1)(a)(II), CRS 18-1.3-501, CRS 18-1-106

PENALTY AGAINST DRIVING PRIVILEGES:
        Any moving violation conviction or point assessment during the period of suspension, revocation or denial results in license loss automatic extension by one year.  
                This action is taken administratively with notice sent to the driver.  The driver may request a hearing.
                The additional year must run consecutive (back to back), not concurrent (at the same time) with any other license adverse action.  Simply put - a driver loses his / her license for one additional year - no room for negotiation.
                This includes action taken if the Colorado DMV FRA Section (Financial Responsibility Act) receives a report of a motor vehicle accident from local law enforcement or from a third party driving involved in the accident.
                CRS 42-2-138
        Conviction of a major offense with two prior major offense convictions within seven years meets the statutory criteria for habitual offender status finding and revocation for an additional five years to run consecutively (back to back) from any other license loss.  So long as convictions remain within the relevant statutory period, they may be used each time a new conviction enters.
        Driver is afforded notice, hearing and an opportunity to be heard.  Refer to habitual offender.

*        *        *        *        *        *        *        *

CLASS 6 FELONY CRIMINAL PENALTY
        FINE:  Minimum $1,000 - Maximum $100,000
        PRISON:  
                Presumptive Term:  Minimum incarceration of 1 year to the Colorado Department of Corrections (penitentiary) to presumptive maximum 1 2 years
                Aggravated Term:  Presence of statutory aggravating factors may cause mandatory minimum sentence to be 1 year 3 months up to maximum of 3 years
                Mandatory Minimum:  Jail Term - none provided / Fine - none provided
                "Aggravated driving with a revoked license is a class 6 felony, punishable as provided in section CRS 18-1.3-401"
                Individual sentenced pursuant to CRS 42-2-206(1) may be considered for community correctional program. People v. Scott, 200 Colo. 365, 615 P.2d 680 (1980).
                CRS 42-2-206(1)(b), CRS 18-1.3-401, CRS 18-1-105, CRS 18-1-105(9.5)
        Prosecutors may offer a favorable plea disposition if the defendant pleads straight up to the felony, including minimal or no county jail.  Tempting as it sounds, the problem with that type of a driving under revocation prohibited disposition is that the person is on probation for a felony - a significant sentencing enhancer - black widow waiting in the web waiting for defendant to drive again.
                CRS 18-10105(9) (a)  The presence of any one or more of the following extraordinary aggravating circumstances shall require the court, if it sentences the defendant to incarceration, to sentence the defendant to a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of a felony.  That's 1 year, 3 months - 3 years state penitentiary time.
                        (III) The defendant was on probation or was on bond while awaiting sentencing following revocation of probation for another felony at the time of the commission of the felony.
                CRS 18-1.3-401(8) (a)  The presence of any one or more of the following extraordinary aggravating circumstances shall require the court, if it sentences the defendant to incarceration, to sentence the defendant to a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of a felony.  That's 1 year, 3 months - 3 years state penitentiary time.
                        (III) The defendant was on probation or was on bond while awaiting sentencing following revocation of probation for another felony at the time of the commission of the felony.

PENALTY AGAINST DRIVING PRIVILEGES
        Any moving violation conviction or point assessment during the period of suspension, revocation or denial results in license loss automatic extension by one year.
        This action is taken administratively with notice sent to the driver.  The driver may request a hearing.
        The additional year must run consecutive (back to back), not concurrent (at the same time) with any other license adverse action.  Simply put - a driver loses his / her license for one additional year - no room for negotiation.
        This includes action taken if the Colorado DMV FRA Section (Financial Responsibility Act) receives a report of a motor vehicle accident from local law enforcement or from a third party driving involved in the accident.
        CRS 42-2-138

        Conviction of a major offense with two prior major offense convictions within seven years meets the statutory criteria for habitual offender status finding and revocation for an additional five years to run consecutively (back to back) from any other license loss.  So long as convictions remain within the relevant statutory period, they may be used each time a new conviction enters.
        Driver is afforded notice, hearing and an opportunity to be heard.  Refer to habitual offender.

DARP OFFENSE & CLASSIFICATION STATUTE

CRS 42-2-206. Driving after revocation prohibited.     State Statutes - CRS
        (1)(a) (I) It is unlawful for any person to operate any motor vehicle in this state while the revocation of the department prohibiting the operation remains in effect. Any person found to be an habitual offender, who operates a motor vehicle in this state while the revocation of the department prohibiting such operation is in effect, commits a class 1 misdemeanor.
                (II) Notwithstanding the provisions of section 18-1.3-501, C.R.S., any person convicted of violating subparagraph (I) of this paragraph (a) shall be sentenced to a mandatory minimum term of imprisonment in the county jail for thirty days, or a mandatory minimum fine of three thousand dollars, or both. The minimum jail sentence and fine required by this subparagraph (II) shall be in addition to any other penalty provided in section 18-1.3-501, C.R.S. The court may suspend all or a portion of the mandatory jail sentence or fine if the defendant successfully completes no less than forty hours, and no greater than three hundred hours, of useful public service. In no event shall the court sentence the convicted person to probation.  Upon the defendant's successful completion of the useful public service, the court shall vacate the suspended sentence. In the event the defendant fails or refuses to complete the useful public service ordered, the court shall impose the jail sentence, fine, or both, as required under this subparagraph (II).
            (b) (I) A person commits the crime of aggravated driving with a revoked license if he or she is found to be an habitual offender and thereafter operates a motor vehicle in this state while the revocation of the department prohibiting such operation is in effect and, as a part of the same criminal episode, also commits any of the following offenses:
                    (A) Driving under the influence, as described in section 42-4-1301(1)(a);
                    (B) Driving while ability impaired, as described in section 42-4-1301(1)(b);
                    (C) Reckless driving, as described in section 42-4-1401;
                    (D) Eluding or attempting to elude a police officer, as described in section 42-4-1413;
                    (E) Violation of any of the requirements specified for accidents and accident reports in sections 42-4-1601 to 42-4-1606; or
                    (F) Vehicular eluding, as described in section 18-9-116.5, C.R.S.
                (II) Aggravated driving with a revoked license is a class 6 felony, punishable as provided in section 18-1.3-401, C.R.S.
        (2) For the purpose of enforcing this section in any case in which the accused is charged with driving a motor vehicle while such person's license, permit, or privilege to drive is revoked or is charged with driving without a license, the court, before hearing such charges, shall require the district attorney to determine whether such person has been determined to be an habitual offender and by reason of such determination is barred from operating a motor vehicle on the highways of this state. If the district attorney determines that the accused has been so held, the district attorney shall cause the appropriate criminal charges to be lodged against the accused.

DEFINITIONS - COLORADO STATE COURTS

*        *        *        *        *        *        *        *

SUMMARY

        If a person who was determined to be habitual traffic offender is caught driving before reinstatement, he or she will be charged with driving after revocation prohibited.  Depending upon the circumstances at the time of the stop, that may be:

        Misdemeanor charge -county jail possible:   (current charge non-aggravated)
                Presumptive county jail 6 months minimum to 18 months maximum
                Mandatory minimum jail term  30 days / Fine $3,000
                        Can be suspended with 40 - 300 hours public service
                Presumptive fine $500 - $5,000
                CRS 42-2-206(1)(a)(II), CRS 18-1.3-501, CRS 18-1-106

        Class 6 felony punishable:  (current charge aggravated alcohol related, reckless driving, eluding or hit & run)
                Presumptive Colorado Department of Corrections (penitentiary) minimum incarceration 
                        1 year to presumptive maximum 1 ½ years
                Mandatory minimum jail term:  none
                Fine $1,000 - $100,000
                CRS 42-2-206(1)(b), CRS 18-1.3-401, CRS 18-1-105, CRS 18-1-105(9.5)

        If the SR-22 financial responsibility requirement has been imposed upon a driver, he / she must comply.  If the driver fails to carry the insurance coverage or pay the premiums, the insurance company will notify the DMV which will impose an insurance term revocation upon the driver.

        Mandatory minimum jail 5 days
                " the court shall not grant probation or a suspended sentence, in whole or in part, or reduce or suspend the fine, except in a case where the defendant has established that the defendant had to drive the motor vehicle in violation of this section because of an emergency"
        Maximum jail: 6 months
        Minimum fine $50  Maximum fine $500
        CRS 42-7-422

Driving without getting caught?  refer to Murphy's law.

And Mrs. Murphy adds:  "At the worst possible time."

</