If you’ve been charged with reckless driving, you might think it’s just a minor traffic ticket that could involve a small fine and maybe a few points on your driver’s license. However, this is a charge to take seriously. A reckless driving charge could lead to jail time and large fines, while also requiring you to pay restitution for any damages caused. Additionally, today’s charge of reckless driving can set you up for a suspended license in the future as a habitual traffic offender. When convicted of reckless driving, any injury caused becomes vehicular assault, and if the result is a death, it becomes vehicular homicide.
Never accept a guilty plea for a reckless driving charge without consulting a lawyer. The consequences could reach far beyond the immediate penalties of the charge. Instead, let Denver criminal defense attorney M. Colin Bresee help you understand the charges you are facing and how you might defend against them. The Law Office of M. Colin Bresee offers free initial consultations, and you can call us any time, day or night.
Reckless driving is operating any motorized vehicle in a way that willfully puts others in danger and could be considered reckless driving. Although the law defines this crime, it allows for a significant amount of latitude from the traffic officer on the scene. While this opens up the potential risk of being charged with reckless driving, it also provides opportunities for defense.
Definition of Reckless Driving under Colorado Law
Reckless driving is defined in Colorado Revised Statutes (C.R.S.) 42-4-1401 as operating almost any type of vehicle “in such a manner as to indicate either a wanton or willful disregard for the safety of persons or property.” Note that there are two main elements here: “a wanton or willful disregard” and “the safety of persons or property.” You don’t have to actually endanger a person (even yourself) to be guilty of reckless driving.
The type of vehicle doesn’t matter. The statute explicitly mentions many types of vehicles, including:
- Motor vehicle
- Bicycle
- Electrically assisted bicycle
- Electric scooter
- Low-power scooter
Note that the law doesn’t define exactly what acts constitute reckless driving. There are no specific acts mentioned in the statute as being reckless. Instead, the statute is left open, with officers on the scene able to make this judgment.
Examples of Reckless Driving
Although there are no specific examples of reckless driving in the statutes, some behaviors frequently lead to a charge of reckless driving. These include:
- Excessive speeding
- Tailgating
- Weaving through traffic
- Running a stop sign
Note that it isn’t necessarily a single act that will get you cited for reckless driving. A combination of acts—including aggressive behaviors like yelling, honking your horn, and making inappropriate hand gestures—can also lead to a citation.
Reckless Driving Penalties
Reckless driving is classified as a Class 2 misdemeanor traffic offense. The minimum sentence is ten days of jail time, a $150 fine, or both. The maximum sentence is ninety days of imprisonment, a $300 fine, or both. A subsequent offense carries much worse penalties: imprisonment for up to six months and fines of as much as $1,000. In Colorado, a reckless driving conviction, among other serious traffic violations, is counted as a habitual traffic offender strike. Reaching three strikes within seven years will label you a habitual traffic offender (HTO). When this happens, your license can be revoked for five years and lead to even more severe imprisonment time and fines.
Impact on Driving Record
A reckless driving conviction will add eight points to your driver’s license. It only takes 12 points within a year (12-month period: the clock doesn’t reset with the calendar or fiscal year) or 18 points within two years (24 months) to have your license suspended.
In addition to putting your license at risk, expect your car insurance rates to increase significantly, at least $725 per year. You will also find it nearly impossible to get a job that requires a clean driving record.
Reckless Driving in Other Contexts: More Serious Penalties
Sometimes the context of your reckless driving can make a big difference.
Attempting to elude a police officer is not necessarily reckless driving. However, if you drive recklessly while trying to escape from an officer, it is considered vehicular eluding and is a Class 5 felony. If someone is injured during vehicular eluding, it is a Class 4 felony, and if a person dies, it is a Class 3 felony. In terms of penalties, vehicular eluding could result in one year of imprisonment or up to 12 years if someone dies. Minimum fines for vehicular eluding start at $2,000.
If your reckless driving causes an injury, you can be charged with vehicular assault, a Class 5 felony, or a Class 4 felony if it happens during a DUI. If someone is killed, it becomes vehicular homicide. Vehicular homicide is a Class 4 felony but becomes a Class 3 felony if it occurs during a DUI.
Reckless Driving vs. Careless Driving in Colorado
On the surface, reckless driving and careless driving carry similar penalties in Colorado. Careless driving is defined as operating a 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.”
Like reckless driving, careless driving is considered a Class 2 misdemeanor traffic offense and carries the same penalties. However, the big difference comes in the case of an injury or death caused as a result. In both cases, careless driving becomes a Class 1 misdemeanor traffic offense. It is not a felony and is not considered vehicular assault or vehicular homicide. Additionally, careless driving only subtracts 4 points from your license, unless it results in the death of another or serious bodily injury to a vulnerable road user, in which case it results in the loss of 12 points—automatic grounds for suspension of your license.
Defending Against Reckless Driving Charges
When facing reckless driving charges, a criminal defense attorney can help you avoid common pitfalls, such as:
- Accepting a bad plea deal
- Making arguments that could increase the likelihood of conviction
- Trying to justify your actions with unconvincing “emergencies”
- Demonstrating a character that makes you seem more like a reckless driver
- Attacking the character of a police officer or the department
Instead, a criminal defense lawyer can help you develop a legal defense strategy likely to benefit you. Mr. Bresee only encourages plea deals that will actually help you—those that will reduce or eliminate the criminal charges on your record. If your case goes to trial, a criminal defense attorney can use effective strategies like challenging the evidence and questioning whether your actions truly demonstrated “wanton or willful disregard” for the safety of people and property.
Reckless Driving and Its Broader Implications
As we know, reckless driving can affect your freedom and your finances. However, the gravity of these consequences reaches much further than that and can easily impact your personal life. Beyond jail time, fines, and potential license suspension, reckless driving can lead to issues that affect personal relationships with family members, a significant other, children, and friends. Furthermore, the financial strain and loss of freedom it causes you, the offender, could create a quick downward spiral in mental, and even physical, health.
The broader implications of a reckless driving charge can also affect your employment, especially jobs that require a clean driving record. If and when your employer finds out about the charge, you could be fired and left with no way to pay both the fines you’ve accrued and the everyday bills and expenses you are responsible for. Even if your profession doesn’t involve driving a vehicle, an employer could view your reckless driving charge as a potential red flag, leading to considerations about your character, responsibility, or judgment.
Additionally, reckless driving can affect future personal injury claims if you’re involved in a motor accident. Your past will most likely be surfaced and then used against you in court. This makes it much harder to prove that you were not at fault and can lead to compensation being reduced or even denied. Insurance companies will argue that your past conviction shows a lack of carefulness and good judgment, further impacting the amount of damages you can recover.
Seeking Legal Help for Reckless Driving?
Although reckless driving might seem like a minor charge, it can have serious and long-lasting implications for your ability to drive, as well as the expenses you are expected to pay in any related car accident. Although reckless driving itself is just a Class 2 misdemeanor traffic offense, it can easily become a felony conviction if related to an injury, death, or police pursuit.
Don’t try to handle this type of charge on your own. Professional legal help can lead to a reduction of the charges or potentially avoid them altogether. At the Law Offices of M. Colin Bresee, we offer a free initial consultation to help you understand the difference Mr. Bresee can make for your case. Mr. Bresee has extensive experience on both sides of the criminal justice system. His background as a prosecutor can help you build a solid defense strategy. Plus, when you work with the Law Office of M. Colin Bresee, you can trust that he will be your attorney, not a junior attorney or paralegal.
Mr. Bresee assists people across Colorado facing reckless driving charges, including those in:
- Arapahoe County, including Aurora, Centennial, Englewood, Greenwood Village, and Littleton
- Adams County, including Thornton and Westminster
- Denver County
- Douglas County, including Castle Rock, Highlands Ranch, and Parker
- El Paso County, including Colorado Springs and Security-Widefield
- Gilpin County, including Central City
- Jefferson County, including Arvada and Lakewood
- Weld County, including Greeley and Longmont
The penalties for a reckless driving charge can be significant. Mr. Bresee can help you avoid these, as well as the loss of revenue if you are likely to lose a driving job. Even if you fear you can’t afford costs upfront, talk to Mr. Bresee, who offers payment plans to fit your budget.
Please call today to schedule your free consultation at the Law Office of M. Colin Bresee.
Disclaimer: Neither this page nor any other on the website constitutes legal advice and does not establish a client-attorney relationship.
