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Traffic crimes should not be taken lightly, as they can negatively affect your driving privileges and legal record. From minor infractions such as speeding tickets to more serious offenses like reckless driving or driving under the influence (DUI), understanding your rights and taking appropriate measures to protect yourself is paramount.

When you are charged with a traffic crime, it is crucial to remember that you have rights. These rights protect you during the legal process and ensure a fair and just outcome. Understanding and exercising your rights is essential to navigating traffic laws’ complex terrain and defending yourself effectively.

One fundamental right is the right to legal representation. Hiring an attorney who specializes in traffic law can be immensely beneficial. They possess the knowledge and expertise to guide you through the legal process, protect your rights, challenge evidence, negotiate with prosecutors, and present a strong defense. A skilled attorney can significantly impact the outcome of your case and strive for the best possible result.

The Colorado Department of Motor Vehicles may move to suspend your license administratively.  This occurs outside of your criminal case.  You have a very short timeframe to object to an administrative suspension of your license and request a DMV Hearing.

Understanding Your Rights

You must be aware of your rights when charged with a traffic crime to ensure a fair legal process. Some fundamental rights to keep in mind include the following:

• Right to Legal Representation: You can hire an attorney specializing in traffic law to represent you and provide legal guidance throughout the process. An experienced attorney can help protect your rights, challenge evidence, and present a strong defense on your behalf.
• Right to Remain Silent: You must remain silent and not incriminate yourself. Avoid making statements to law enforcement that may be used against you later. Instead, wait until you have legal representation to discuss your case.
• Right to Due Process: You have the right to due process, which includes the right to a fair trial, the presumption of innocence until proven guilty, and the opportunity to present evidence and witnesses in your defense.

Preserving Your Driving Privileges

Traffic crimes can have a significant impact on your driving privileges. Depending on the offense and your driving record, you may face license suspension, revocation, or the requirement to attend traffic school. Here are some strategies to help preserve your driving privileges:

• Act Promptly: Taking immediate action after being charged with a traffic crime is crucial. Pay attention to deadlines for responding to citations or attending court hearings. Failure to act promptly can result in additional penalties or the automatic suspension of your license.
• Seek Legal Representation: Consult a skilled traffic defense attorney who can guide you through the process and help protect your driving privileges. They can assess the strength of the case against you, challenge evidence, negotiate with prosecutors, or represent you in court to achieve the best possible outcome.
• Contest the Charges: In some cases, contesting the charges against you may be possible. Your attorney can help identify potential weaknesses in the prosecution’s case and develop a defense strategy to challenge the evidence or establish reasonable doubt.
• Explore Plea Bargains or Diversion Programs: Depending on the circumstances, your attorney may negotiate with the prosecution for a plea bargain or diversion program. These alternatives allow you to avoid a conviction or reduce the charges, thereby minimizing the impact on your driving privileges.
• Attend Traffic School or Defensive Driving Programs: In certain situations, attending traffic school or defensive driving programs can help demonstrate your commitment to safe driving and potentially reduce the penalties imposed on your driving record.
• Comply with Court Orders and Probation Requirements: If you are placed on probation or subject to specific court orders, you must comply fully. Failure to do so can result in further penalties, including additional license suspensions or revocations.

If you have been charged with an alcohol driving offense, it is in your best interest to immediately consult with an attorney to understand the differences between your criminal case and any potential administrative consequences to your driving privileges.  You do not want your license suspended by the DMV because your criminal court date is months away, and you don’t think you need an attorney right away.

Traffic crimes can have lasting consequences on your driving privileges and legal record. Protecting your rights and driving privileges requires a proactive approach, understanding your rights, seeking legal representation, and exploring strategies to contest the charges or mitigate the penalties. By taking these steps and working with an experienced traffic defense attorney, you can navigate the legal process more effectively and strive for the best possible outcome. Traffic crimes should not be taken lightly, and seeking professional legal advice is crucial to safeguarding your rights and preserving your driving privileges.

About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.