Legal Question in Traffic Law in Colorado

Re: Driving w/ suspended license & no insurance

Hello. First, the penalty for driving under suspension is a misdemeanor punishable by imprisonment in the county jail for not less than 5 days nor more than 6 months and a discretionary fine of $50 to $500. The minimum sentence (5 days) cannot be suspended by the court; however, the 5 days does not have to be served all at once, rather it can be spread out over a one month period (for example, one day each weekend). Therefore, if you are found guilty or plead guilty, you will be sentenced to at least 5 days. There is an exception, if you were driving the vehicle because of an emergency, the 5 day minimum sentence does not apply.

Second, the no proof of insurance violation is a class 1 misdemeanor traffic offense with a minimum sentence of 10 days and a maximum sentence of 1 year, and the minimum fine is $100 and the maximum fine is $1000. The judge can suspend the jail time if the person has insurance by the time of sentencing, although he cannot suspend the $100 minimum fine.

I recommend that you go out and get insurance right away. Also, if your license is in the reinstatable period, get it reinstated immediately. If it is not in the reinstateable period but that date is in the near future, consider extending the court dates in your case, get your license reinstated, and then go to court.

If you have a reinstated license and proof of insurance, the district attorney's office will likely work with you on the charges.

There is no guarantee that an attorney can get you any better of a deal than by yourself, but the attorney may help you with other issues such as whether the summons and complaint were issued properly, whether there were legal grounds for the stop, etc.

I hope this answer helps with your question. Good luck. David Colt