Driving While Suspended Under the Financial Responsibility Act (FRA) in Colorado

Driving Under FRA Suspension - § 42-7-422 C.R.S.

Any person whose license or other privilege to operate a motor vehicle has been suspended, cancelled, or revoked, and restoration thereof or issuance of a new license is contingent upon the furnishing of proof of financial responsibility for the future, and who, during such suspension or revocation or in the absence of proper authorization from the director, drives any motor vehicle upon any highway in Colorado except as permitted under this article, is guilty of a misdemeanor and may be punished by imprisonment in the county jail for not less than 5 days nor more than 6 six months and a fine of not less than $50 nor more than $500 may be imposed.

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The minimum sentence imposed by this section shall be mandatory, and 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, in which case the mandatory jail sentence does not apply. Such minimum sentence need not be five consecutive days but may be served during any 30-day period.

The elements of Driving Under Suspension FRA are:

• That you were driving a motor vehicle upon any highway or public roadway in Colorado on the date you were charged;
• With knowledge that your license or privilege to drive, as a resident or non-resident, was restrained (suspended, revoked or denied);
• Restoration of your privilege to drive or issuance of a new license was contingent upon your furnishing proof of financial responsibility for the future as required by the Motor Vehicle Financial Responsibility Act; and
• You had not received proper authorization from the executive director of the DMV to drive a motor vehicle.

The penalties for this offense are:

• The court may impose a fine from $50 to $500
• imprisonment in the County jail from 5 days to 6 months

The minimum 5 day jail sentence is mandatory and may not be suspended. This is NOT a habitual traffic offender strike. You will not be eligible to be issued a driver’s license or extended any driving privileges in this state for a minimum of one (1) additional year.

Can You Defend Against Charges of Driving With a Suspended License?

There are several defenses that may be used against charges of driving with a suspended license in Colorado. One key defense is proving that the driver did not have knowledge of the suspension. Colorado law requires that the driver be aware of the suspension for a conviction to hold. If proper notice was not provided, this can be a strong defense.

Another defense could involve challenging the reason for the suspension. For example, if the license was suspended due to a mistake in the administrative process or incorrect information on your driving record, the charges could potentially be reduced or dismissed.

Additionally, if the suspension was based on non-payment of fines or child support, proving that payment was made or that the suspension was unjust can also be viable. It is important to thoroughly examine all the facts of the case, including the original reason for the suspension and any mitigating circumstances.

A skilled criminal defense attorney can evaluate these defenses and work to minimize penalties, protect driving privileges, or even have charges dropped entirely, depending on the facts of the case​.

Driving Under Suspension Due to Excessive Points

In many cases, people who have accumulated an excessive amount of points and have their driving privileges suspended often continue to drive without a valid license. It is important to understand that the additional penalties for DUS or DUR are severe and any type of moving violation will cause a minimum of one year to be added to your revocation or suspension period.

A suspension can occur due to excessive point accumulation or other serious traffic violations, such as DUI. If you have been charged with driving under suspension or revocation, you need to seek the counsel of a Denver traffic offense attorney before making any decisions.

There are several different options The Orr Law Firm can use to defend your case and mitigate the potential penalties you face. Contact our firm now at (303) 747-4247.