Asked in Traffic Tickets for Colorado

Q: I received a DUR in Colorado even though my right to drive was reinstated.

I received a DUR in Colorado even though my right to drive was reinstated. At time of reinstatement, my license had expired, so i was required to get a permit and then drivers test. After taking permit and passing, i was told Florida has a traffic warrant under my name and d.o.b. even though it's for a black guy and I'm white. Therefore they couldn't issue me a license. First is that a DUR charge even? (since my right to drive was reinstated) and 2nd how can they not give me a license when the warrant is obviously not for me, I'm white!

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: DUR (driving under restraint) essentially means that you were charged with knowingly driving with an invalid (restrained) state or out-of-state license. It appears the origin of this relates to the FL warrant. This is what you need to do: (1) contact the police/court where the warrant was issued and request all the documentation related to the warrant; (2) work towards getting the warrant lifted off of your name (due to mistaken identity); and (3) when cleared in FL you probably can reapply in CO (an appeal is probably not necessary).

For the DUR charge, while you may not have a traffic warrant from FL, you presumably were caught driving without a valid license in CO, so the violation probably holds. However, it may be downgraded from a DUR to driving w/o a license (assuming you can prove the mistaken identity in FL--see above).

You may want to seriously consider contacting a lawyer to assist you in this process. A lawyer can also resolve these matters for you.

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