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Reckless Driving – Vague and Unpredictable Criminal Conduct – Denver Criminal Attorney

| Nov 24, 2015 | Reckless Driving |

When we have a law like Reckless Driving with huge consequences to our clients, you should expect more accuracy from Colorado lawmakers at the capitol building. After all, they have months of time to perfect the language which jurors will be applying in jury trials across Denver and Jefferson County. Jury members are required to look at the details of a crime and answer the question whether a defendant violated the precise terms of the law. When reasonable doubt remains, a criminal defense lawyer has done their job.

Reckless Driving and Your Future in Arapahoe and Douglas County

A driver’s license can quickly be lost with a Reckless Driving charge. Since most people only have a total of 12 points before losing their Colorado Driver’s License, the 8 points which accompany a Reckless Driving conviction can be devastating. Normal drivers lose their license upon accumulating 12 points in 12 consecutive months, or 18 points in 24 months. Imagine not being able to get behind the wheel and take your kids to school, go shop for groceries or travel to work. Colorado is spread out and rarely are essential destinations within walking distances.

The Definition of Colorado Reckless Driving

Reckless Driving is charged when a person is accused of “driving a motor vehicle in such a manner as to indicate either a wanton or willful disregard for the safety of persons or property.” C.R.S. 42-4-1401. Like the less serious Careless Driving, this is naturally a vague crime, with a jury needing to decide whether the conduct was a “willful or wanton” disregard of the safety of others. Important considerations arise, such as whether the driving behavior was on purpose. Next, did the driver consciously make a decision to put others at risk? In most cases, drivers do things without thinking – reacting to something another driver did.  Read about other ways drivers can be charged with Reckless Driving.

Examples of Reckless Driving in Elbert and Boulder County

Things like cutting off another driver, slowing down in front of another driver, or closely following another car, can be charged as Reckless Driving. We have even seen defendants accused of driving recklessly for speeding. At what point does a speeder advance from normal speeding to Reckless speeding? At 10 mph over the limit? At 20 mph over? At 30 mph over? A lot is based on the time of day, the number of cars around and whether anyone was hurt. Reasonable jurors will disagree on these essential jury questions.

Our full-time criminal defense lawyers know the defenses for this crime and how to posture a case for the best resolution. If stopped by police, never answer their questions. Denver, Aurora and Parker Police are not your friend and are not trying to help you out. Their sole purpose is to obtain a conviction if possible. So, call our lawyers at 303-731-0719 today. Together, we can protect your driving future.