When it comes to driving offenses in Colorado, two charges often cause confusion: reckless driving and careless driving. While both offenses involve unsafe behavior behind the wheel, they carry very different legal definitions, penalties, and long-term consequences.
Understanding the key differences between reckless and careless driving is critical, especially for anyone facing charges or seeking to protect his or her rights after a traffic stop or accident.
At Wolf Law LLC, we believe that clear information is a powerful defense tool. In this article, we will break down the legal definitions of reckless and careless driving, explain the associated penalties, and discuss how our criminal defense attorneys can help minimize or even eliminate the impact of these charges on your life.
Understanding the Legal Definition of “Reckless Driving” in Colorado
Under Colorado Law, reckless driving is defined as operating a motor vehicle, bicycle, low-power scooter, or electric-assisted bicycle in a manner that demonstrates a wanton and willful disregard for the safety of persons or property.
“Willful” means intentional or purposeful conduct. “Wanton” implies an understanding that the behavior is dangerous but proceeding anyway.
Reckless driving involves a conscious decision to engage in risky behavior. It’s not simply making a mistake. It’s knowing the danger and acting recklessly anyway.
Examples of reckless driving might include:
- Excessive speeding
- Aggressive driving
- Weaving through traffic
- Street racing
- Road rage
- Running red lights intentionally
- Evading law enforcement
What Is Considered “Careless Driving” in Colorado?
Careless driving, defined under Colorado Statute 42-4-1402, is a less serious offense. It is defined as operating a motor vehicle without “regard for the width, grade, curves, corners, traffic, and use of the streets and highways” or “other attendant circumstances.”
While being a reckless driver involves a conscious disregard for the safety of others, careless driving usually stems from inattentive behavior or poor decision-making behind the wheel. The driver might not have realized he or she was creating a risk, yet failed to exercise reasonable care.
The following are some examples of what might be considered careless driving:
- Distracted driving
- Accidentally drifting into another lane
- Failing to obey traffic signals
- Driving over the posted speed limit
- Running a red light unintentionally
Penalties for Careless and Reckless Driving in Colorado
Both careless and reckless driving charges can come with significant legal consequences.
Penalties for reckless driving
Reckless driving is classified as a Class 2 misdemeanor.
A conviction can result in:
- A fine of up to $300
- Up to 180 days in jail
- 8 points on your driving record
A second or subsequent reckless driving conviction can lead to more severe penalties, including longer license suspension and additional jail time.
Penalties for careless driving
Careless driving is generally treated less harshly but still carries serious consequences.
If there was no injury or death, the penalties may be:
- Traffic infraction
- Fines of up to $300
- Up to 90 days in jail
- 4 points on your driver’s license
If serious bodily injury or death occurs as a result of careless driving, the consequences may be more severe. Penalties may include jail time of up to 1 year and fines of up to $1,000.
Why the Distinction Between Careless and Reckless Driving Matters
The following are some reasons why it is important to understand whether your case involves reckless or careless driving:
- Criminal records: A reckless driving charge almost always results in a criminal conviction, while a careless driving conviction may be treated more like a traffic infraction.
- Insurance consequences: Reckless and careless driving can dramatically increase insurance rates or even lead to your policy being cancelled.
- Employment: Jobs that require a clean driving record may be less accessible after a reckless or careless driving conviction.
- Future traffic violations: Accumulating too many points on your license can lead to suspension. A reckless driving charge adds more points than a careless driving charge.
- Habitual traffic offender strike: Reckless driving is considered a “major traffic offense” and is a strike towards habitual traffic offender status (a 5 year license revocation for three major traffic violations in a 7 year period), whereas careless driving is not.
What to Do After a Careless or Reckless Driving Charge
Have you received a citation for driving carelessly or recklessly? If so, treat it seriously. Even if it is your first offense, a conviction can affect your finances, driving privileges, and future.
If faced with a careless or reckless driving charge, you have the right to:
- Examine the evidence
- Question the police officer’s observations
- Get help from a defense lawyer
In some situations, the citation issued includes mistakes or lacks the supporting information needed to justify the charge. A defense attorney can review the facts of your case and advise you on how to proceed.
How a Colorado Defense Lawyer Can Help
Facing a reckless or careless driving charge without legal counsel is risky. Prosecutors may push for harsh penalties, and mistakes early in the process can hurt your chances of a favorable outcome.
Here’s how a skilled defense attorney can help.
Analyze and challenge the evidence
A seasoned lawyer will thoroughly review:
- The police report
- Officer body camera footage
- Witness statements
- Accident reconstruction evidence
Lawyers can identify weaknesses in the prosecution’s case, such as a lack of clear evidence, officer bias, or procedural errors. Sometimes, evidence that initially seemed damaging can be undermined through expert analysis or cross-examination.
Negotiate a reduction in charges
In some situations, a defense attorney can negotiate with prosecutors to reduce charges. A reckless driving charge could be knocked down to a lesser traffic infraction.
Protect your driving privileges
Accumulating points on your license can lead to suspension under Colorado’s point system. A defense lawyer can work to avoid or minimize the number of points assessed, helping you retain your driving ability.
Represent you in court
Court appearances can be intimidating, but a traffic defense lawyer can help you through each step of the legal process.
Your lawyer will:
- File motions on your behalf
- Make persuasive arguments to the judge
- Handle court procedures
If your case goes to trial, an experienced litigator is essential to present your case to a jury and fight for your acquittal.
Contact Our Colorado Traffic Lawyers Today
If you have been charged as a reckless or careless driver in Colorado, do not assume you have to accept the penalties without a fight. At Wolf Law LLC, our experienced legal team is here to help. Our compassionate traffic offense lawyers can explain the charges you’re facing, examine the evidence, and work with you toward the best possible outcome.
Whether your goal is to avoid a criminal record, reduce points on your driver’s license, or avoid fines, legal assistance can make all the difference in your case. Contact Wolf Law LLC today to schedule a confidential consultation and take the first step toward protecting your future.
