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Denver Traffic Lawyer

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Driving Without a Drivers License

Where a Driver Does Not Have (and Never Has Had) a Drivers License

In cases where a driver never has had a driver’s license, a Driving Without a Drivers License charge is a Class 2 Misdemeanor Traffic Offense and a conviction may result in a scheduled fine plus court costs and surcharges, a possible jail sentence (usually only ordered in cases where there are aggravating factors, such as injury to a person or reckless indifference to the safety of others), restitution, community or useful public service, probation for one year or longer, and other possible requirements by the court, with an assessment of 3 points to the driver’s record for a first-time conviction. A second or subsequent conviction will result in an assessment of 6 points to the driver’s record.

Where a Drivers License is Expired for One Year Or Less

In cases where a driver’s license is expired for one year or less, a Driving Without a Drivers License charge is a Class B Traffic Infraction and a conviction will result in a scheduled fine plus court costs and surcharges, with an assessment of 3 points to the driver’s license.

Where a Drivers License is Expired for More Than One Year

In cases where a driver’s license is expired for more than one year, a Driving Without a Drivers License charge is a Class 2 Misdemeanor Traffic Offense and a conviction may result in a scheduled fine plus court costs and surcharges, a possible jail sentence (usually only ordered in cases where there are aggravating factors, such as injury to a person or reckless indifference to the safety of others), restitution, community or useful public service, probation for one year or longer, and other possible requirements by the court, with an assessment of 3 points to the driver’s record for a first-time conviction. A second or subsequent conviction will result in an assessment of 6 points to the driver’s record.

Where a Driver Does Not Have His License in his Immediate Possession

In cases where a driver does have a valid driver’s license but does not have that license in his immediate possession while operating a motor vehicle, a Driving Without a Drivers License charge is a Class B Traffic Infraction and a conviction will result in a scheduled fine plus court costs and surcharges, with an assessment of 3 points to the driver’s license.

Where a Driver Operates a Type of Vehicle Without the Correct Type of License

In cases where a driver operates a type or class of vehicle for which he does not have the correct type or class of license (i.e. driving a passenger bus while only possessing a class C license), a Driving Without a Drivers License charge is a Class 2 Misdemeanor Traffic Offense and a conviction may result in a scheduled fine plus court costs and surcharges, a possible jail sentence (usually only ordered in cases where there are aggravating factors, such as injury to a person or reckless indifference to the safety of others), restitution, community or useful public service, probation for one year or longer, and other possible requirements by the court, with an assessment of 3 points to the driver’s license for a first-time conviction. A second or subsequent conviction will result in an assessment of 6 points to the driver’s record.

Commercial Drivers License CDL Alert: Serious Offense

Important: A Driving Without a Drivers License conviction, if the driver was operating a Commercial Motor Vehicle (CMV) at the time of the violation, is a “Serious Offense” under the Commercial Drivers License CDL Program and will result in a 30-day, 60-day or longer Disqualification of the CDL if certain conditions are present. Be sure that you fully understand the consequences of this charge on your CDL driving privileges.

Alert to All Drivers – Requirement for Payment of Restitution

Important: Colorado law provides that “any person convicted of a Class 1 or Class 2 Misdemeanor Traffic Offense — such as Driving Without a Drivers License — shall be required to pay restitution” to the person who incurred damages as a result of the violation. See C.R.S. § 42-4-1701. Restitution is payment to the injured party in order to make that person whole again in such a position that the person was in before the incident, and includes payment for economic damages (e.g., property damage, medical bills, or lost wages) and non-economic damages (e.g., pain and suffering, disfigurement, or loss of enjoyment of life). Be sure that you fully understand the consequences of a conviction for the charge of Driving Without a Drivers License.

Alert to All Drivers With Professional Licenses – Duty to Report, If Conviction

Important: Some licensed professionals — doctors, dentists, nurses, chiropractors, therapists, and attorneys, etc. — may be required under state regulations to report criminal misdemeanor convictions such as Driving Without a Drivers License to the appropriate governmental licensing agency.