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CRS 42-4-1401

Reckless Driving – Penalty

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.

Let’s face it. Life happens.

No one wants to get in trouble, but when it happens, what do you do?

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.

Penalties for Reckless Driving

Charge Classification Penalty
Reckless driving Class 2 misdemeanor traffic offense
  • Up to a $300 fine
  • Up to 90 days jail time
  • 8 points on your driving record
(Subsequent conviction) Class 2 misdemeanor traffic offense
  • Between ten days and six months in jail, or
  • A fine between $50 and $1,000, or both
(Colo. Rev. Stat. CRS 42-4-1401)

Possible Defenses for Reckless Driving

Your Colorado criminal defense attorney will have to use their judgment to determine which defense is applicable. This will depend on each individual case.

You Weren’t Driving

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.

The Driving Was Careless, Not Reckless

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.

Colorado Revised Statutes, CRS 42-4-1401:

(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.

Are You Facing Reckless Driving Charges in Colorado Springs or El Paso County?

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.

Frequently Asked Questions

Is careless driving the same as 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.

What are some examples of reckless driving?

Following are some instances of conduct that might result in a reckless driving charge:

  • Drug-impaired driving
  • Extremely fast driving
  • Tailgating
  • Ignoring red lights or stop signs
  • Incidents involving “road rage.”

What are the other possible consequences of a conviction for reckless driving?

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.