Charge | Classification | Penalty |
---|---|---|
Reckless driving | Class 2 misdemeanor traffic offense |
|
(Subsequent conviction) | Class 2 misdemeanor traffic offense |
|
(Colo. Rev. Stat. CRS 42-4-1401) |
Reckless driving is having a wanton or intentional disregard for the safety of other persons or property under CRS 42-4-1401. This is a Class 2 misdemeanor traffic infraction with a conviction that carries penalties of points on your driving record, fines, and possible jail time.
If you have been arrested or charged with a crime, the best decision you can make is to
hire a good criminal defense attorney. With the right defense lawyer in your corner, you
will be advised and guided towards the best outcome for your case.
Charge | Classification | Penalty |
---|---|---|
Reckless driving | Class 2 misdemeanor traffic offense |
|
(Subsequent conviction) | Class 2 misdemeanor traffic offense |
|
(Colo. Rev. Stat. CRS 42-4-1401) |
Your Colorado criminal defense attorney will have to use their judgment to determine which defense is applicable. This will depend on each individual case.
It must be established that the defendant was in control of the car to prove a reckless driving allegation. A situation of mistaken identity may be a possible defense.
If your criminal defense attorney can show that your driving was just careless as opposed to reckless, you can face less harsh penalties. While you will not get off completely free, reduced penalties could be the difference between a suspended license and a valid one.
(1) 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. A person convicted of reckless driving of a bicycle or electrical assisted bicycle shall not be subject to the provisions of section 42-2-127.
(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. Upon a second or subsequent conviction, such person shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment.
The duty of establishing reckless driving beyond a reasonable doubt rests with the prosecutor. By proving to the court that you were driving your automobile safely under the circumstances, your Colorado criminal defense attorney can refute an allegation of reckless driving.
No. Driving carelessly in Colorado requires a showing that you did not give due regard to the circumstances on the road. . On the other hand, reckless driving involves a willful disregard for possible dangers. Punishments for reckless driving convictions are more severe than those for careless driving convictions.
Following are some instances of conduct that might result in a reckless driving charge:
Since you do stand to lose 8 points, depending on how many points you have already lost, a conviction for reckless driving could result in a suspended driver’s license.