Denver criminal defense lawyer / don't drive on a suspended license

As a Denver criminal defense lawyer, I have pretty strident opinions about non-violent offenders being overpunished with jail time. That's particularly the case with drug offenses, of which the prison population is overwhelmingly comprised. It's relatively silly to put people who aren't going to hurt other people away... so they won't hurt people. Drugs can be bad, but really what's worse is what happens to people in prison.

That said, there's one type of non-violent and relatively non-threatening offense that even a Denver criminal defense lawyer can't help you out with very much. It's a relatively benign sounding traffic offense. That's right, driving without a license or driving after your license has been suspended can get you in serious trouble. Part of this is that the state doesn't want people flouting its authority. Part of it is that it deprives the state of the opportunity to regulate licensing. In any case, the punishments for driving on a suspended license are dramatic.

First, you will face jail time. A first offense for driving on a suspended license will result in 5-30 days in county jail. Unlike other jail sentences, the jail time in this case can not be suspended. Jail is a bad place to go. In most cases, the prosecution will be lenient enough to allow for in-home detention, which is quite a bit better. However, it's still incredibly inconvenient and will disrupt your life.

Second, you'll face a license suspension. For a first time offense, the Department of Revenue will add 12 months of suspension to your license. And that suspension can't run at the same time as any other suspensions on your record. So if you're two months away from getting your license back, prepare for another year and two months of taking the bus or riding your bike (good luck with that in the winter, and I've tried).

Finally, Colorado has something called the habitual traffic offender statute. The details are complicated and I might get into it a little bit more on a future entry on the Denver criminal defense lawyer blog. But the basic upshot is that there is a tallying system of points, sort of similar to the points system for suspending a drivers license. These points are a lot harder to get fortunately, but the punishment is also a lot more dramatic. Tally up enough points (and one way to do this is drive on a suspended license three times) and you'll be riding your bike everywhere for five years. The upshot of all this is pretty simple: if you get your license suspended don't drive. It's not worth the risk, no matter how carefully you think you drive.