Most traffic violations, such as driving drunk or exceeding the speed limit, are straightforward. However, reckless driving is often misunderstood. This article provides guidance and advice from a top Denver defense attorney on:
- The definition of reckless driving and how it differs from careless driving in Colorado.
- How a reckless driving conviction will affect you and your driving privileges.
- What a defense lawyer can help you do to beat a reckless driving charge in Colorado.
What Legally Constitutes Reckless Driving In Colorado?
Reckless driving in Colorado is defined as driving in a manner that shows a wanton or willful disregard for the safety of persons or property. This definition includes many dangerous behaviors behind the wheel.
It’s important to note that under Colorado law, not only car and truck drivers can be guilty of reckless driving. You can be charged with reckless driving while riding a bicycle, an electric scooter, a Vespa, or a low-power scooter if you behave dangerously on the road.
How Does Reckless Driving Differ From Careless Driving In Colorado?
While reckless driving and careless driving might sound similar, they are different under Colorado law. The key differences are the driver’s awareness and intention.
- Reckless Driving: Involves a wanton or willful disregard for the safety of others.
- Careless Driving: Occurs when someone drives in a careless manner, without due regard for the width of the street, grade curves, corners, traffic, and the use of streets and highways. It involves driving poorly but not necessarily as dangerously as reckless driving.
Sometimes, when police officers issue a ticket, they do not have all the information about a situation, or they are not aware of all the laws. As a result, you may be ticketed for reckless driving when careless is factually more appropriate.
Is Reckless Driving Considered A Felony Or Misdemeanor In Colorado?
Reckless driving is usually a misdemeanor. However, if reckless driving results in an accident-causing serious bodily injury to another person, it becomes a felony offense in Colorado. Serious bodily injury includes breaks or fractures of bones or cartilage, such as a broken nose or tooth. This can take you from facing a misdemeanor reckless charge that you don’t assume to be serious and escalate it to a felony offense with much harsher penalties.
How Will A Reckless Driving Conviction Affect My Driving Privileges?
Reckless driving carries eight points against your driver’s license, which can lead to the loss of driving privileges for 12 months. It is also a class two misdemeanor traffic infraction, punishable by a fine and 10 to 90 days in jail.
Furthermore, reckless driving is a habitual traffic offender strike. Accumulating three of these strikes within seven years can result in a five-year suspension of your driving privileges. If you are convicted of a second or subsequent reckless driving offense after this point, it carries a minimum of 10 days in jail, with a maximum of six months.
Attorneys Jim & Christina Zorrilla are compassionate Denver defense lawyers who have helped drivers from all walks of life deal with serious reckless driving charges. With years served as both public defenders and defense attorneys, Jim & Christina Zorrilla have gathered a considerable wealth of knowledge and first-hand experience tackling law enforcement strategies and building strong defenses.
If you or someone you love has been charged with Reckless Driving, act fast and contact The Zorrilla Law Firm today to schedule an initial consultation.
What Steps Should I Take When Accused Of Reckless Driving In Colorado?
If accused of reckless driving, follow these steps:
- Contact an Attorney: Reckless driving is a serious misdemeanor traffic offense, second only to DUI. It carries the threat of significant penalties, including jail time and fines, and affects your driving privileges. Because of this, it is crucial to work with an attorney who can investigate your case, negotiate on your behalf, and navigate the legal process to help you mitigate the consequences of a conviction.
- Attend a Driving Safety Class or a MADD Panel: Enrolling in a driver’s safety class shows the court that you are taking the charge seriously. Taking this course proactively will not demonstrate guilt, but rather bolster your case and aid in negotiations between your attorney and the prosecution.
Attending a Mothers Against Drunk Driving (MADD) panel can also be beneficial. Although reckless driving may not involve drugs or alcohol, going to a MADD panel can still send the correct message to prosecutors and the court that you are taking the charge seriously.
How Do You Defend Against Reckless Driving Charges?
The first step to building any defense is to figure out your goals and priorities. Then you go about getting the arguments and evidence you need to find the outcome you’re looking for.
Obtain Video Footage
- Surveillance Footage: Start by trying to obtain surveillance footage that does not require a subpoena. This allows you and your attorney to review the footage before sharing it with the prosecutor. You do not want videos that will be harmful to your case falling into their hands.
- Halo Video Footage: If you are confident that you did nothing wrong, obtain halo video footage from city-monitored intersections and highways. This footage can show the circumstances of your driving and help contest allegations of recklessness. Alternatively, if you are aiming to argue for a “lesser of two evils” strategy, such footage may help identify or demonstrate the necessity that caused you to drive in what otherwise might be considered a reckless manner.
Document Road Conditions
Gather documentation about the road conditions at the time of the incident. This evidence can demonstrate that external circumstances, rather than your driving behavior, contributed to the situation.
Utilize Expert Witness Reports and Testimony
Another possible strategy can be to obtain a report or testimony from an accident reconstruction expert. These can be quite helpful because they can show, based on scientific testing, the speeds of the vehicles involved and any circumstances that may contribute to whether or not you were driving recklessly. Most importantly, they can discuss the limitations of the human ability to react in certain circumstances.
Witnesses And Mitigation
Eyewitness interviews are a key component of many defense strategies. If your attorney is working on a mitigation approach, gathering personal testimony from reliable sources can help demonstrate that, outside of this one instance, you are not in the habit of behaving recklessly. Such testimony can provide a clear picture of your character to the prosecutor, aiding in the negotiation of a favorable outcome.
All in all, being able to properly identify which strategies will be effective and the evidence needed to achieve them is perhaps the most important reason to have a defense attorney on your side with considerable traffic offense experience.
For more information on Reckless Driving Laws In Colorado, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 951-8004 today.
Attorneys Jim & Christina Zorrilla are compassionate Denver defense lawyers who have helped drivers from all walks of life deal with serious reckless driving charges. With years served as both public defenders and defense attorneys, Jim & Christina Zorrilla have gathered a considerable wealth of knowledge and first-hand experience tackling law enforcement strategies and building strong defenses.
If you or someone you love has been charged with Reckless Driving, act fast and contact The Zorrilla Law Firm today to schedule an initial consultation.