RECKLESS DRIVING COLORADO DEFENSE
A reckless driving conviction in Colorado is defined as a person whose vehicle is driven in a manner that suggests a willful disregard for another person. Because reckless driving convictions in Colorado could have severe consequences, a lawyer may needed to defend you.
Our Colorado Springs law firm, Michael W. Moran, P.C., can represent and protect your rights against a reckless driving ticket. Get in contact today for a free consultation.
COLORADO CRIMINAL LAW ON RECKLESS DRIVING
(42-4-1401 CRS) defines Reckless Driving as:
(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 CRS 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.
WHAT MAKES YOU A RECKLESS DRIVER?
There are many things that can make you a reckless driver, but some of the most common include speeding, tailgating, weaving in and out of traffic, making illegal turns, and running red lights or stop signs. Perhaps the most important one is a speed of at least 25 mph over the speed limit. In such situations, a speeding ticket is issued and you also get a reckless driving ticket.
Reckless driving is often seen as a traffic violation that is committed by young or inexperienced drivers. However, anyone on the road can receive a reckless driving ticket if they are deemed to be operating their vehicle in a way that shows wanton disregard for the safety of others.
The Colorado Springs CSPD can charge you under Colorado law with this offense for several different reasons. For example, if you exceed the posted speed limit by 100 miles per hour, the police officer may arrest you for reckless driving in addition to a speeding violation. A reckless driving charge in Colorado could have a devastating effect on the lives of someone in that situation.
If you receive a reckless driving ticket in Colorado, it is important to take the charge seriously and contact an experienced attorney who can help you defend your case. An experienced attorney will know how to challenge the evidence against you and may be able to get the charges reduced or dismissed, and protect against license suspension.
With so much at stake, it is worth taking the time to find an attorney who can give you the best possible defense.
RECKLESS DRIVING RELATED OFFENSES
Careless Driving
Careless driving is defined as operating a vehicle in a manner that creates an unreasonable risk of harm or damage to property.
This can include aggressive driving, speeding, swerving, running red lights or stop signs, causing a serious accident, or failing to yield the right-of-way. Careless driving is a lesser crime than reckless driving.
The difference between careless driving and recklessness is largely subjective. Usually “recklessly driving” means an operation which is clearly dangerous whereas ” careless driving ” is driving a motor vehicle in a careless and imprudent manner.
Still, a careless driving conviction is a class 2 felony traffic offense and conviction could lead to a jail sentence of between $150 to 300.00, plus court costs and surcharges, points of your driving record, and a ten and 90 day sentence (normally only in cases where there are serious violations related to careless driving).
Driving Under the Influence (DUI)
DUI refers to operating a vehicle while under the influence of alcohol or drugs. This can include prescription drugs, over-the-counter medications, and illegal substances.
Driving While Ability Impaired (DWAI)
Vehicular Homicide
Vehicular homicide is defined as causing the death of another person through careless or reckless driving. This is a serious offense that can result in jail time and large fines.
Vehicular Assault
Vehicular assault is similar to vehicular homicide, but results in serious bodily injury instead of death. This too is a serious offense with harsh penalties.
Wet Reckless DUI
Wet reckless is a term used to describe a DUI charge that has been reduced to reckless driving. This can happen if the blood alcohol content (BAC) is borderline or if the prosecutor agrees to reduce the charges.
RECKLESS DRIVING PENALTIES
Reckless driving charges in Colorado can be dangerous and result in jail. A first reckless driving conviction is a Class 2 criminal offense. If convicted twice before, you may be sentenced to a prison sentence of between 10 and 6 months.
Generally speaking reckless driving convictions vary in nature. The consequences of being convicted of a reckless driving charge involving serious injury are extremely severe.
LICENSE POINTS FOR RECKLESS DRIVING
If you are convicted of reckless driving in Colorado, 8 points will be placed on your driving record. If you accumulate 12 or more points in a 12-month period, a license suspension will occur.
This charge is a serious offense and the penalties reflect that. If you are facing charges, it is important to speak with an experienced Colorado criminal defense attorney who can help you navigate the legal system and protect your rights.
HOW LONG WILL RECKLESS DRIVING CHARGES STAY ON YOUR RECORD?
A reckless driving conviction stays on your record in Colorado for at least five years. If you are convicted of a second or subsequent offense, the penalties become much more severe, including a possible jail sentence. Therefore, it is important to avoid any type of reckless driving behavior.
AVOID A RECKLESS DRIVING CONVICTION
If you receive a ticket for reckless driving in Colorado, it’s important to consult with an experienced traffic ticket defense attorney.
Effective defenses against this charge include:
The defendant did not act with the level of negligence required to support a conviction.
Another defense is that the defendant’s actions were not the proximate cause of the accident.
Finally, it may be possible to argue that the defendant’s actions were justified under the circumstances.
Our firm specializes in providing the forensic expertise and aggressive criminal defense counsel to Colorado Springs drivers that can force prosecutors to reconsider the severity of charges against you. Contact us for a free consultation to learn how we can provide an effective and successful outcome.
AN AGGRESSIVE TRAFFIC TICKET DEFENSE LAWYER CAN HELP YOU
The prosecuting attorney in El Paso County must prove your guilt to obtain a conviction. If you have been cited for a traffic violation in Colorado, you may be feeling worried and unsure of what to do next.
An experienced traffic ticket defense lawyer can help you understand your options and mount a strong defense against the charges.
There are many different types of traffic offenses that you could be charged with in Colorado. Some of the more common include speeding, reckless driving, DUI/DWI, and driving without insurance. Depending on the severity of the offense, you could be facing a range of penalties including points on your license, a fine, or even jail time.
A skilled traffic ticket defense lawyer will know how to challenge the evidence against you and fight to get the charges reduced or dismissed entirely.