When a police officer arrests you for a Colorado reckless driving offense, you must seek immediate legal help. Your arrest is often the beginning of a challenging struggle to defend your legal rights and retain your freedom. Ultimately, your court experience will take you through a legal process that can lead to fines, jail time, and other adverse consequences.
A reckless driving hearing is a simple court process, but it can change your life in many ways. If the court convicts you, it eventually affects your right to drive. Once a conviction hits your record, the Department of Motor Vehicles adds eight points to your license. If you already have points for prior traffic offenses, your conviction will bring you closer to a license suspension. Your misdemeanor criminal record may affect your future employment prospects and jeopardize your current job. If you’re convicted, it can be difficult to get the vacation days you need to serve your jail time.
At Right Law Group, our experienced reckless driving defense lawyers are ready to help you. We will explain your rights clearly and build a strong defense to protect your future. Contact us today for a free consultation to discuss your case. We have conveniently located offices in Colorado Springs, Highlands Ranch and Castle Rock.
Colorado counties we serve: Arapahoe, Denver, Douglas, El Paso, Fremont, Jefferson, Pueblo, and Teller.
A very common traffic offense we see is careless driving. This often occurs when you’re involved in an accident and the police determine you’re at fault—or even if both parties share fault. Careless driving means operating a vehicle in an imprudent manner, such as disregarding road width, grade, curves, traffic signals, or other road conditions.
It’s an extremely broad statute, and it can apply to situations where someone is simply driving a little too fast for conditions or failing to adjust to a curve or stoplight. It’s based on a negligence standard, so it doesn’t require any intentional or reckless behavior—just that your actions weren’t reasonable under the circumstances.
A more serious offense is reckless driving, which involves operating a vehicle with willful and wanton disregard for the safety of others or for traffic laws. This charge reflects a higher level of culpability and carries more severe penalties than careless driving.
Another common traffic-related offense is leaving the scene of an accident, or failure to report an accident. Under Colorado law, you have a legal duty to stop at the scene of any accident—whether it involves property damage, injury, or even death. This duty exists even if the other driver flees.
Leaving the scene is considered a strict liability offense, meaning the prosecution doesn’t have to prove you intended to leave—just that you did. It’s similar with failure to report: even in a minor fender bender, such as one that happens in a parking lot, you must either call the police, report it online, or contact the non-emergency line to file a report.
Not reporting an accident—even if you weren’t trying to avoid law enforcement—can still result in charges. And if the accident caused serious bodily injury (such as a broken bone or permanent disability) and you left the scene, you could be facing felony charges.
In many of these cases, restitution also becomes a factor. Restitution allows the victim to recover damages—like medical bills or property damage—through the criminal court process. While restitution applies to many types of crimes, it’s especially common in traffic-related cases.
The Colorado Reckless Driving statute applies when a driver’s actions show “…wanton or a willful disregard for the safety of persons or property…” The charge calls for a police officer to witness your actions and/or make a judgment call about your intent or your state of mind.
Police officers can charge you with reckless driving when your actions meet those described in Colorado Revised Statutes, 42-4-1401. The key qualifier that elevates a careless driver’s status to that of a reckless driver is their wanton or willful “…disregard for the safety of persons or property…”
One example of reckless driving behavior is a person who systematically refuses to stop when a traffic light turns red. Red-light runners are consistently reckless drivers. They only avoid accidents because approaching drivers swerve out of their path or stop in time to avoid a crash.
A reckless driving charge doesn’t apply only to cars and trucks. A police officer can cite you with reckless driving when you’re on a bicycle, electrical assisted bicycle, electric scooter, or a low-powered scooter.
Colorado Reckless driving is a criminal charge that’s often associated with other actions or accidents. Police officers sometimes cite vehicle operators with reckless driving instead of or in addition to more serious traffic offenses.
Colorado Reckless Driving is a Class 2 misdemeanor traffic offense. Your penalty depends on whether you have prior reckless driving convictions. As with any conviction, the courts have sentencing discretion. If you have multiple traffic violations of any kind on your record, it can affect your penalty. Penalties for Reckless Driving include:
When a police officer cites you for reckless driving, you shouldn’t assume that a court will convict you. A reckless driving charge requires that a police officer prove your intent and your state of mind. The officer must prove beyond a reasonable doubt that you acted willfully and wantonly.
Criminal defense attorneys listen to your story and review the evidence to build a defense. They force court witnesses to prove their allegations and present legal defenses that best support your position.
If you’ve been arrested for reckless driving, you can’t afford to wait. Contact a criminal defense attorney to plan a strategy for defending your case. The alternative is jail time, fines, and license points that bring you closer to a license suspension.
Frequently Asked Questions
Reckless driving encompasses a broad range of actions that could cause harm to others. In some cases, if someone is driving more than 25 miles per hour over the posted speed limit, they could be charged with reckless driving.
A reckless driving ticket in Colorado will cost you 8 points on your license. If you acquire 12 or more points in a 12-month period (or 18 points in a 24 month period) you will be facing a license suspension.
In Colorado, reckless driving is considered a misdemeanor offense and NOT a felony. If you are found to be intentionally operating a motor vehicle in a way that endangers others, you could be charged with reckless driving.
