Over 10,000 Criminal Cases Handled in the Denver Area

Recent Posts
Categories
Archives

Archives

RSS Feed

What Does Careless Driving Really Mean in Colorado?

It Sounds Minor, Until You’re Facing Fines, Points, or Jail Time

You might think a careless driving charge in Colorado is nothing more than a glorified traffic ticket. After all, it’s not reckless driving. You didn’t hit anyone. You weren’t drinking. You just made a mistake.

But here’s the truth: careless driving is a criminal offense in Colorado. It can put points on your license, raise your insurance, and even land you in jail, especially if someone else was hurt.

At Shazam Kianpour & Associates, we have defended hundreds of clients charged with careless driving, and many of them had no idea how serious the consequences could be. Whether you’re facing a first-time citation or were cited after an accident, this page will explain what you’re really up against, and how we can help.

What Is Careless Driving in Colorado?

Under Colorado Revised Statutes Section 42-4-1402, careless driving is defined as:

“Operating a motor vehicle 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.”

In plain English: if you’re driving in a way that is considered unsafe or inattentive based on the conditions around you, you can be charged.

You do not need to be speeding. You do not need to be texting. You do not even need to violate another traffic law. All it takes is an officer’s opinion that you were not exercising enough caution for the situation.

Examples of Careless Driving

This charge is intentionally broad. That gives officers a lot of discretion, which can sometimes work against you. Some common examples include:

  • Failing to slow down in heavy rain or snow

  • Driving too fast through a neighborhood or school zone

  • Cutting off another driver without signaling

  • Drifting into another lane or onto the shoulder

  • Looking at your phone or GPS and briefly veering

  • Rear-ending someone in stop and go traffic

  • Driving aggressively or weaving in traffic

In many cases, careless driving is used as a catch-all charge when no other traffic offense quite fits.

What Are the Penalties for Careless Driving?

Without Injury:
If no one is hurt, careless driving is a Class 2 misdemeanor traffic offense, which carries:

  • Up to 90 days in jail

  • A fine of up to $300

  • 4 points on your Colorado driver’s license

  • Permanent mark on your driving record

With Injury or Death:
If someone is hurt or killed as a result of your driving, the charge can escalate to a Class 1 misdemeanor traffic offense, which carries:

  • Up to 1 year in jail

  • Fines up to $1000

  • 6 points on your license

  • Additional civil lawsuits from victims or families

  • Possible license suspension depending on total points

It doesn’t matter if it was an accident. The law does not require intent. You could simply be glancing at your rearview mirror when someone steps off the curb, and you could still be charged.

Careless vs Reckless Driving in Colorado

People often confuse these charges, but they are very different.

Category Careless Driving Reckless Driving
Definition Driving without due regard Driving with willful disregard for safety
Intent Required No Yes
Classification Misdemeanor traffic offense More serious misdemeanor
Jail Up to 90 days (non injury) Up to 6 months
Points 4 (non injury) or 6 (injury) 8
Insurance Impact Moderate High

If prosecutors cannot prove you acted deliberately or aggressively, they may downgrade a reckless driving charge to careless driving. On the flip side, if they think your careless driving was severe, they may try to upgrade it to reckless.

This is why it’s critical to have an attorney who understands the nuances and can protect you from overcharging.

Will It Affect My Insurance?

Absolutely. A careless driving conviction almost always shows up on your motor vehicle record, and your insurance company will see it during your next renewal period. The result can be:

  • A higher premium for 3 to 5 years

  • Loss of good driver discounts

  • Reclassification as a high risk driver

  • Policy cancellation in serious cases

This is especially important for people who drive for work, hold a CDL, or have a company car. One careless driving conviction can jeopardize your job or your license.

Can You Lose Your License?

Careless driving alone may not suspend your license, but if you already have points on your record, this charge could push you over the limit.

Colorado’s license point system allows:

  • 12 points in 12 months, or

  • 18 points in 24 months

Careless driving carries 4 points if no one is hurt and 6 if there is injury. If you are already close to the limit, pleading guilty could trigger a DMV suspension, even if the court does not order it.

We help clients track their point totals and explore alternatives to avoid suspension.

Common Defenses Against Careless Driving

Many people think careless driving charges are impossible to fight. That is not true. There are many effective strategies, including:

  • Arguing that your actions were safe and reasonable for the conditions

  • Showing that the officer lacked a full view of what actually happened

  • Challenging the cause of the accident if the citation followed a crash

  • Using witness testimony or dashcam footage to contradict the report

  • Negotiating a plea to a non-moving violation or municipal code infraction

  • Presenting proof of defensive driving or completed traffic education

We have gotten careless driving charges dismissed, reduced, or resolved without points on countless occasions. Let us look at your case and build a real strategy.

What If I Already Paid the Ticket?

If you paid the ticket, you likely pled guilty. That means the charge goes on your record, and the points hit your license. But all is not lost.

We may still be able to:

  • File a motion to reopen the case

  • Request a post-conviction hearing

  • Negotiate with prosecutors for a retroactive reduction

  • Advise you on DMV hearings or reinstatement options

Call us right away. The longer you wait, the fewer options we will have to fix the damage.

Why Shazam Kianpour & Associates?

Because we treat every charge like it matters, because it does.

Careless driving may seem like a minor offense, but we know the long-term damage it can do. Our firm has helped thousands of clients throughout Colorado defend against traffic charges and walk away without permanent damage to their license or record.

  • Local attorneys who know Colorado traffic laws inside and out

  • Real trial experience with reckless and careless driving defense

  • Thousands of satisfied clients across Denver, Aurora, Boulder, and beyond

  • Immediate, honest answers about your case

  • Flexible payment options and fair pricing

We won’t just show up in court and plead you out. We will build a plan, fight for your clean record, and protect your license like it’s our own.

Do Not Plead Guilty Until You Talk to Us

One wrong decision should not define your driving future. Whether you made a mistake or were wrongly accused, you deserve a strong defense and a second chance.

Call Shazam Kianpour & Associates today for a free consultation. Let’s talk about your case, your options, and your best next step.