Charged With A Crime? It Doesn’t Mean You’re Guilty.

Reckless and Careless Driving in Colorado

| Feb 5, 2013 | Careless Driving |

Maybe you were not paying attention to your speedometer in a hurry, but speeding can be a serious offense in Colorado counties like Denver, Boulder, or Arapahoe County. A driver can be charged with Careless Driving and Reckless Driving depending on whether they were speeding, how fast they were driving, and the manner in which they were driving.

Two common Colorado traffic offenses which accompany speeding are Careless Driving and Reckless Driving. A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of Careless Driving (C.R.S. 42-4-1402). 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 is guilty of Reckless Driving (C.R.S. 42-4-1401).

A person who commits Reckless Driving commits a class 2 misdemeanor traffic offense. If the offense is a second or subsequent conviction, the person will be punished by either (or both) a fine of anywhere from $50 to $1,000, or imprisonment in jail for 10 days to six months. Careless Driving is also a class 2 misdemeanor traffic offense, unless the person’s actions are the proximate cause of bodily injury or death to another, then the person commits a class 1 misdemeanor traffic offence. If the offence results in death, then it is also possible that the offender could be charged with Manslaughter (C.R.S. 18-3-104) or Vehicular Homicide (C.R.S. C.R.S. 18-3-106).

The DMV adds 8 points to your license for Reckless Driving and 4 points for Careless Driving. In addition to that, you will also lose points for speeding. 1 point will be taken off for speeding 5-9 mph over the limit, 4 points for 10-19, 6 points for 20-39, and 12 points will be taken off for going 40+ mph over the speed limit. Adults who are over 21 will lose their license if they accumulate 12 points in 12 successive months or 18 points in 24 successive months. Reckless driving would be a loss-of-license offense for drivers under 18, who only need to accumulate 6 points in 12 successive months to lose their license.

If you are being charged with Careless or Reckless Driving in any Colorado county such as Adams, Douglas, or Broomfield County, you need one of our experienced attorneys to represent you. Contact us today at O’Malley Law Office at 303-731-0719. Together, we can protect your future.