Careless & Reckless Driving Charges In Colorado

Colorado protects motorists from careless and reckless drivers through robust traffic enforcement methods and significant criminal penalties. While these laws are beneficial to public safety, law enforcement’s efforts to prevent these dangerous driving behaviors sometimes result in unfair convictions.

If you’ve been charged with careless or reckless driving in Colorado, it’s more than just a simple traffic infraction, it’s a criminal offense. It’s crucial to take these charges seriously and mount a prompt, rigorous defense by contacting our firm.

What Are Colorado’s Laws for Careless and Reckless Driving?

Colorado CRS § 42-4-1402, describes careless driving as operating a motor vehicle in an “imprudent” manner without taking proper regard for the circumstances, such as curves, corners, weather conditions, and traffic. The law also applies to those operating scooters, bicycles, and e-bikes. Texting and driving, failing to signal a lane change, or disregarding a traffic sign are all examples of careless driving under Colorado law.

Under Colorado CRS § 42-4-1401, the law describes a reckless driver as:

“A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property…”

The primary difference between careless in reckless driving in Colorado is that careless driving is an act of negligence, while reckless driving is intentional, with “wanton” or knowing disregard for the safety of others.

What Are the Penalties for Careless and Reckless Driving Convictions?

The penalties for careless and reckless driving convictions are similar. Both are Class-2 misdemeanor offenses that could result in up to 90 days in jail and fines of up to $300. However, a careless driving conviction adds four points to the offender’s license while a reckless driving conviction adds eight points.

A second conviction of reckless driving could bring up to six months in jail and a habitual offender label.

If careless or reckless driving results in someone else’s injury or death, the fine increases to $1,000 with up to a year in jail. In this case, the offender faces additional criminal charges of vehicular assault and/or vehicular homicide. Our firm also handles felony traffic offenses.

A conviction for careless or reckless driving becomes a part of the offender’s permanent criminal record with long-term impacts that could affect many aspects of the offender’s life, including auto insurance rate increases and an inability to obtain or keep a commercial driver’s license.

What Are the Defense Strategies for Charges of Careless or Reckless Driving in Colorado?

Careless or reckless driving charges in Colorado require an assertive defense strategy. Examples include the following:

• You were not operating the vehicle
• Your careless or reckless driving was in an emergency situation and was reasonable under the circumstances of the emergency
• Your driving was not careless or reckless
• There were mitigating circumstances, such as the actions of another driver

An example of “mitigating circumstances” would be careless driving because you were evading a driver with road rage and felt that your life was threatened.

Facing any criminal charge is an intimidating and overwhelming experience, but you have every right to an immediate strong defense by an experienced Colorado Springs criminal defense attorney.