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In Colorado, the possession of a fake commercial driver’s license, or use of another person’s commercial driver’s license is a petty offense under CRS 42-2-409. Unlawful possession of a commercial driver’s license can result in up to $300 in fines and/or up to 10 days in jail and permanent loss of the right to receive a commercial driver’s license in the future.
In this article, our Denver Colorado criminal defense lawyers will address:
Under CRS 42-2-409, the unlawful possession or use of a commercial driver’s license (CDL) involves obtaining a fake CDL, using another driver’s CDL, or allowing another person to use one’s own CDL.
In Colorado, a commercial driver’s license is required to operate a commercial vehicle over 26,001 pounds, a commercial vehicle designed to transport 16 or more passengers, or when transporting hazardous material. 1
A CDL is a valuable asset for people seeking jobs as commercial drivers. However, some drivers may not have the time or money to get a CDL, or they may have already lost their CDL because of some violation. They may be tempted to use a fraudulent CDL or use another driver’s CDL in order to work as a commercial driver.
The unlawful possession or use of a commercial driver’s license in Colorado includes:
The unlawful use or possession of a CDL is usually a petty offense in Colorado carrying up to $300 in fines and/or up to 10 days in jail. But it is a class 2 misdemeanor to photograph, photostat, duplicate, or in any way reproduce a commercial driver’s license or facsimile thereof for the purpose of distribution, resale, reuse, or manipulation of the data or images contained in the commercial driver’s license unless authorized by the department or otherwise authorized by law. Class 2 misdemeanors carry up to 120 days in jail and/or up to $750 in fines.
A conviction shall also result in the permanent loss of the right to receive a commercial driver’s license. This can impact an individual’s ability to find a job, and permanently restrict them from pursuing a commercial driving career. If a driver’s right to a CDL was permanently revoked, they may be able to request a hearing before the Division of Motor Vehicles (DMV).
An individual charged with the unlawful possession or use of a CDL cannot plead guilty to a lesser offense if charged under this statute. The court can only accept a plea of guilty to another offense upon the good faith representation by the prosecutor that they cannot establish a prima facie case on the offense. You can find out more information on the differences between a felony and a misdemeanor here.
There may be a number of possible defenses to charges of using a fake CDL. Your Colorado defense attorney will investigate your case and identify the available legal defenses for your case. Possible defenses include:
The unlawful use of a license is not limited to commercial drivers. Other related offenses include the unlawful use of a standard driver’s license, driving without a license, or driving on a suspended or revoked license.
Colorado statute CRS 42-2-136 applies similar restrictions on the unlawful use of a standard driver’s license. The possession or use of an altered or fraudulent license or use of another driver’s license is usually a class 2 misdemeanor carrying up to 120 days in jail and/or up to $750 in fines.
It is also unlawful in Colorado to display or use a fraudulently obtained identification card. This includes allowing another person to use your valid ID. Use of a fake ID can be a class 2 misdemeanor or a petty offense depending on the facts of the case.
If you were charged for the unlawful use or possession of a commercial driver’s license, please contact us at Colorado Legal Defense Group. Our caring Colorado defense attorneys have many years of experience representing clients who have been charged with motor vehicle violations and criminal offenses. We are among the best Colorado criminal defense attorneys to call. Contact us today for a free consultation by phone or in-person or in our Denver law office.
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