Driving under restraint can be a ticket to jail

Driving under restraint can be a ticket to jail

Sept 4, 2001

by Aspen C. Emmett
Journal Staff Writer

Failure to pay a speeding ticket in another state could send you to the slammer. Failure to pay court-ordered child support could also land you in the lock-up. Refusing to take a blood-alcohol test if you are suspected of driving under the influence can also be a ticket to go straight to jail without passing go.

The message: People who drive while their license is under restraint for any reason are subject to a mandatory jail sentence, according to deputy District Attorney Shelly Rodriguez.

"There are different reasons why you can be restrained and I don’t think people are aware of the consequences of that," Rodriguez said.

Nearly half of last week’s county-court docket consisted of DUR offenders, and, yes, the majority of offenders were sentenced to jail, she said.

First-time offenders are sentenced to a minimum of $50 in fines and five days in jail. And if an individual’s license is suspended for an alcohol-related offense, he or she is looking at 30 days in jail if caught driving under restraint.

Rodriguez emphasized that DUR offenders are usually everyday citizens who don’t think ignoring a minor traffic ticket is a big deal.

"These are not necessarily people who have an across-the-board disrespect for the law, but by doing this they do show a disregard for the law."

Rodriguez said even the simplest of traffic offenses can lead to jail time if the person is driving under restraint.

"Any traffic offense that’s committed in the presence of an officer — be it running a stop sign or driving with a broken taillight — gives them cause to pull you over and do further investigation," Rodriguez warned. "Once they do that — ask for license, registration and insurance — they can find out if you’re revoked."

Rodriguez said many people claim they didn’t know their license had been revoked, but the excuse doesn’t hold water.

"The Department of Motor Vehicles will mail you a notice telling you that your license is under restraint and you do not have driving privileges," she said.

The notice is mailed to the last known address and if you don’t receive it because you have moved, it’s your own fault and you’re violating another law, she said.

"You have to notify the DMV of any change of address within 10 days, so it’s not really an excuse."

Another defense Rodriguez has heard is that of someone who has rectified a ticket or is paying their child support but has not gone to the DMV to offer proof in order to have their license reinstated.

"Being eligible to be reinstated and actually being reinstated are two different things. Until you go to the DMV and do what ever you need to do — showing proof of financial responsibility, paying a reinstatement fee — you’re still revoked."

Rodriguez said she doesn’t know if Montezuma County is any worse than others with DUR citations, but added there are some reasons people in a rural area might be more likely to drive on a suspended license.

"If you lose your license in Denver, then you can take a bus or a taxi. But if you lose your license in Cortez, I know there’s not a lot of public transportation around here to get to work or the grocery store and take care of basic necessities. I know ittough getting around if you don’t have a license, but people need to understand what they’re risking when they drive."

Rodriguez said the district attorney’s office deals with each individual on a case-by-case basis, but cautioned their general policy is to be tough on DUR offenders.

"As a general rule, the district attorney’s office does not offer plea bargains for driving under restraint because we feel it’s important for people to take responsibility," she said.

"We treat them very seriously to force accountability."