In Weld County, if you are pulled over and do not have a current driver’s license or driver’s permit with you, a Driving Without a License ticket will be issued. The lawyers at the O’Malley Law Office know that everyone makes mistakes and that traffic laws can be confusing. Below, our experienced lawyers will discuss what happens when you drive without a license in Weld County and the possible penalties that you can face. If you are facing a Driving Without a License Ticket in Larimer County, get help here.
Legal Definition of Driving Without a License, C.R.S. 42-2-101, in Greeley, Colorado
The legal definition of Driving Without a License, C.R.S. 42-2-101, in Greeley is:
(1) Except as otherwise provided in part 4 of this article for commercial drivers, no person shall drive any motor vehicle upon a highway in this state unless such person has been issued a currently valid driver’s or minor driver’s license or an instruction permit by the department under this article.
(2) No person shall drive any motor vehicle upon a highway in this state if such person’s driver’s or minor driver’s license has been expired for one year or less and such person has not been issued another such license by the department or by another state or country subsequent to such expiration.
(3) No person shall drive any motor vehicle upon a highway in this state unless such person has in his or her immediate possession a current driver’s or minor driver’s license or an instruction permit issued by the department under this article.
(4) No person who has been issued a currently valid driver’s or minor driver’s license or an instruction permit shall drive a type or general class of motor vehicle upon a highway in this state for which such person has not been issued the correct type or general class of license or permit.
(5) No person who has been issued a currently valid driver’s or minor driver’s license or an instruction permit shall operate a motor vehicle upon a highway in this state without having such license or permit in such person’s immediate possession.
(6) A charge of a violation of subsection (2) of this section shall be dismissed by the court if the defendant elects not to pay the penalty assessment and, at or before the defendant’s scheduled court appearance, exhibits to the court a currently valid driver’s or minor driver’s license.[/su_quote}
What is the Difference Between Not Having a License and Not Having My Driver’s License with Me in Weld County?
The simple answer is that there is a difference in penalties for not having a license with you, and not having one at all, in Weld County. If a driver simply has forgotten their driver’s license, driver’s permit or the license has expired within the last year, it is forgivable crime given you complete a few requirements. However, it is entirely different if you were driving and have never had a licensed issued - then the penalties are more severe.
It is also important to note that driving on a suspended or revoked license is an entirely different criminal charge, with jail a real possibility. This criminal charge is called Driving Under Restraint and carries different penalties depending on why the defendant’s license was suspended or revoked.
Can You Get a Driving Without a License Ticket for Driving Without a CDL License or Motorcycle Endorsement in Erie or Windsor, Colorado?
In Erie and Windsor, if you are driving a vehicle that needs a special driver’s license like a CDL or a Motorcycle Endorsement, and you do not have the correct type of license, then yes, you can get a ticket for Driving Without a License. A commercial vehicle that is for transporting hazardous materials, a vehicle that weighs 26,001 pounds or more, a vehicle designed to carry more than 16 people, or a motorcycle, all need special class of driver’s license. If you are driving one of these vehicles without the proper license or endorsement, you can be ticketed.
What are the Penalties of Driving Without a License, or Under Revocation, C.R.S. 42-2-126?
If you are pulled over in Weld County and do not have your license, you can facing a class B traffic infraction. The penalties for this can be a fine of $15-$100 for the first offense, a subsequent offense will add 6 points to your driving record through the Colorado Department of Motor Vehicles. It is also important to note that if you are charged with an expired license, you can show your renewed license and the charges can be dropped.
Any person convicted of violating subsection (1)(a)(I) of C.R.S. 42-2-126, shall be sentenced to a mandatory minimum term of imprisonment in the county jail for thirty days, or a mandatory minimum fine of three thousand dollars, or both. The minimum jail sentence and fine required by this subsection (1)(a)(II) shall be in addition to any other penalty provided in section 42-4-1701. The court may suspend all or a portion of the mandatory jail sentence or fine if the defendant successfully completes no less than forty hours, and no greater than three hundred hours, of useful public service. In no event shall the court sentence the convicted person to probation. Upon the defendant's successful completion of the useful public service, the court shall vacate the suspended sentence. In the event the defendant fails or refuses to complete the useful public service ordered, the court shall impose the jail sentence, fine, or both, as required under this subsection (1)(a)(II).
Colo. Rev. Stat. sect; 42-2-206 Driving after revocation prohibited (Colorado Revised Statutes (2022 Edition))
In Weld County if you are driving without ever having had a license then you can face a class A traffic infraction. The penalties for this can be a $15-$100 fine and possible delay your ability to get a Colorado Driver’s License for up to a year.
Are There Situations in Greeley, Colorado Where I Can Drive a Vehicle Without a Colorado Driver’s License?
Yes, there are situations where you can drive without a Colorado Driver’s License in Greeley. Some of those situations are:
- Farm Equipment – driving tractors or other farm equipment for short distances on roads does not require a license.
- An Emergency – if driving prevents serious injury and the injury was not caused due to driving then a person could argue that needed to drive even without a license.
- Military Personnel – a military personnel who has been issued a government license, is driving a military vehicle or has an out of state license does not need to have a Colorado driver’s license to operate a vehicle.
- Out-of-State License – if you are visiting, recently moved, or in Colorado for educational purposes you do not need a Colorado driver's license as long as you have a valid driver's license from the state you are from.