Legal Question in Traffic Law in Colorado

Re: Statute of Limitations on driving while suspended

Hello.

First, the statute of limitations for driving under suspension (a traffic misdemeanor) is one year... which means the officer can charge you up until the end of that time. If the ticket was not properly written out, the officer can reissue it to you, or if he cannot locate you, then he can apply for an arrest warrant.

Second, if you missed the assigned court date, contact the court clerk and explain the circumstances, and request that a new court date be set. The clerk will give you instructions about resolving the warrant and getting a new date.

Third, driving under restraint has somewhat of a heavy penalty. If this is your first time driving under restraint and the restraint is for a non-alcohol related incident, there is a minimum sentence of five days in jail and a maximum of 6 months. This means that if you plead guilty or are found guilty of driving under suspension, you will have to serve at least 5 days in jail (the judge cannot suspend this time). If the restraint is for an alcohol related incident, then the minimum sentence if you are found guilty or plead guilty is 30 days (and again, the judge cannot suspend this sentence).

Driving under suspension has somewhat serious consequences if you are found guilty or plead guilty. You may want to think about hiring an attorney.

I hope this answer helps you. David Colt

Re: Statute of Limitations on driving while suspended

You may have been improperly served. If so, then you could win on a SOL argument. It appears that you live out of state, so that will help. The court will eventually issue a hold on you drivers license, but that can be quickly fixed. I suggest you contact a lawyer to make sure the situation is how you think.