You got a ticket for going 22 mph over the limit on I-70, and now you are staring at two very different words on the citation: speeding and reckless driving. They sound similar, but Colorado treats them as two separate roads that lead to two very different outcomes, and a new law is changing what happens on one of those roads starting this August.
At Shazam Kianpour & Associates, our team has spent more than 22 years untangling exactly this kind of confusion for drivers across the Denver metro area, and we want you to walk away from this knowing what actually changed and what did not.
What Colorado’s Speeding Point System Already Looks Like
Before getting into the new law, it helps to know how Colorado already treats a speeding ticket, because the point total and the classification of the charge depend entirely on how far over the limit you were going. Ten to nineteen miles per hour over the posted limit carries four points on your license, and twenty miles per hour or more over carries six points. According to the text of Senate Bill 26-035 itself, lawmakers built the new penalties directly on top of this existing point structure rather than replacing it.
That six-point threshold matters for another reason too, since twenty to twenty-four miles per hour over is treated as an infraction with no jail time possible, while twenty-five to thirty-nine miles per hour over becomes a traffic misdemeanor that can carry ten to ninety days in jail. Crossing from twenty-four to twenty-five miles per hour over is not just one more mile per hour on the ticket. It is the line between a fine and the possibility of jail time.
Where Reckless Driving Fits Into the Picture
Reckless driving is not just an extreme version of speeding. It requires something speed alone does not, which is a driver acting with willful or wanton disregard for the safety of people or property. A high number on a radar gun does not by itself meet that bar. Prosecutors have to point to conduct beyond raw speed, like weaving through occupied lanes, driving on a shoulder to pass, or ignoring a clearly visible hazard.
A driver going 90 mph on an empty stretch of I-25 at 3 a.m. and a driver going 90 mph while cutting between cars in rush hour traffic could both get a speeding ticket, but only the second driver is likely facing a reckless driving charge on top of it. That distinction has not moved under the new law, and it still separates a traffic infraction from a charge that puts a driver’s record at real risk.
What Senate Bill 26-035 Actually Changes
Senate Bill 26-035 was signed into law on May 27, 2026, and it takes effect on August 12, 2026. The bill responds to a rise in fatal crashes tied to aggressive driving on Colorado highways, and lawmakers built it around two specific behaviors: illegally passing in a no-passing zone and repeated high-end speeding. It does not touch the reckless driving statute at all.
Passing on a solid yellow line now carries its own standalone point penalty, separate from any points already tied to the underlying passing offense. Lawmakers also added a system of escalating point penalties for drivers who rack up repeated citations for driving twenty miles per hour or more over the posted limit, or over seventy-five miles per hour on the open highway.
Why the Escalating Penalties Matter More Than They Look
Rather than replacing the point schedule described above, the new escalating penalties sit on top of it once a driver has more than one qualifying citation within a set window of time. Put simply, a driver’s second high-end speeding citation within a year now brings a quick accumulation of extra points on top of the standard penalty, and a third or later citation brings even more.
Driving one hundred miles per hour or faster carries its own added point penalty regardless of the posted limit, on top of everything else already discussed above. Once a driver is subject to one of these added penalties, the citation can no longer be resolved by simply mailing in a fine, since the case goes to court instead.
- Repeat speeding: Extra citations for high-end speeding within a set window bring a quick accumulation of added points.
- Improper passing: Crossing a solid yellow line now brings its own separate point penalty.
- Excessive speed: Driving 100 mph or faster brings an added flat point penalty.
This distinction matters because Colorado treats an eight-point-or-greater conviction as a strike toward habitual traffic offender status, and three of those strikes within seven years means a five-year license suspension. A repeat speeding citation that used to feel like a routine fine can now push a driver toward that threshold much faster than before.
What This Means If You Are Facing a Citation
If your citation charges reckless driving rather than speeding, the calculus is different from the start, because the prosecutor has to prove that willful disregard element beyond just your speed. If you are instead facing a repeat speeding citation, the new added points can turn what used to feel like routine paperwork into a serious threat to your license. Either way, the charge written on the paper in front of you determines the entire strategy, and treating a reckless driving case like an ordinary speeding ticket, or the other way around, can cost you options you did not know you had.
We built our traffic violations practice around exactly this kind of nuance, and our reckless driving defense work looks closely at whether the state can actually prove the elements it needs, not just the number on the ticket.
Why Shazam Kianpour & Associates Is the Right Call
Shazam Kianpour has spent more than 22 years defending traffic and criminal cases across the Denver Metro area, and unlike a larger firm juggling volume caseloads, our team gives each case the kind of personal attention that comes from actually knowing the courts and prosecutors involved. Mr. Kianpour has been recognized by the National Trial Lawyers and Super Lawyers, recognition built on handling thousands of cases in front of the same courts your case will land in front of. You will also have attorney Eric Chenoweth in your corner, who has earned strong Google reviews from the clients he has represented. We know how District Attorneys across the Front Range are likely to approach a stacked speeding citation under this new law, and we know what separates a defensible reckless driving charge from one that will not hold up.
We also handle related traffic matters that often come up alongside these charges, including hit-and-run cases, driving under restraint, and habitual traffic offender defense, since a single new citation can sometimes tip a driver’s record toward that status faster than expected. If you are facing a ticket anywhere from Aurora to Littleton, our familiarity with local courts means we are not learning the terrain on your case. Reach out to our contact form today so we can walk through your citation with you before these new penalties take effect.
Written by
Shazam KianpourDenver Criminal Defense Attorney & Founder, Shazam Kianpour & Associates, P.C.