Defense Against Reckless Driving Charges in Colorado
As defined by Colorado Revised Statutes § 42-4-1401, a reckless driver is “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.”
Because the consequences of a reckless driving conviction can be serious here in Colorado, it is important to work with an attorney before simply pleading guilty. In the greater Denver region, our attorneys at Shazam Kianpour & Associates, P.C., can protect your legal rights. You can contact us online for a free consultation today.
Reckless Driving in Colorado Is a Habitual Traffic Strike and Can Land You in Jail
Reckless driving is a Class 2 misdemeanor traffic offense. If you have already been found guilty once before, you can face from 10 days to six months in the county jail and/or fines of $50 to $1,000. A conviction also carries eight points, which would be assessed against your Colorado driver’s license by the DMV.
Reckless driving in Colorado is a habitual traffic offender strike. Being named a habitual offender by the DMV could mean jail time for up to 18 months and the possibility of a five-year driver’s license revocation.
What Makes Someone a Reckless Driver?
You have to either be going way too fast or driving with absolute disregard for other people’s safety. Sometimes, if you get in an auto accident and the police officer feels like you were entirely to blame, they may charge you with reckless driving. At other times, if you are driving more than 25 miles per hour over the speed limit in a posted area, you may be issued a speeding ticket in addition to being charged with reckless driving.
What Is Careless Driving?
The crime of careless driving is composed of two essential elements that the prosecutor must prove:
- Driving in a careless and imprudent manner: This is the broadly written, and somewhat subjective, actual physical control element. What we mean is that a jury must decide that you were driving wildly or in a manner that was either erratic or unsafe.
- Driving without due regard: This due regard is the mental state of the driver, which is generally a disregard for safety. Meaning that you were not being mindful and showed disregard for the laws and other cars or objects.
Do not take charges of careless or reckless driving lightly. Make sure you understand what is really at stake and how to effectively fight these charges.
I Have Too Many Points on my Record – What Do I Do?
Stop reading, pick up the phone and call the lawyers who have been defending reckless driving charges for over 20 years combined. At Shazam Kianpour & Associates, P.C., we know the system, understand the different courts and have and kept our clients out of jail and saved their driver’s licenses hundreds of times in these situations.
We are going to take the time to listen to you, and if you want to fight the case, we will go to the spot you received your ticket and photo and investigate it so we are ready for your trial. Call us for a free consultation today at 720-407-2582. You don’t need to do this alone, and when you need us, we will be there for you.