Colorado Springs Criminal Defense
Traffic Offense Lawyers in Colorado Springs
Defense of criminal traffic charges such as reckless driving, careless driving causing injury, and driving under restraint.
Most traffic tickets are infractions: a fine and points, and no criminal record. Some traffic charges are crimes. Colorado calls them misdemeanor traffic offenses, and they can carry jail, a criminal record, and a license suspension. Unlike most other misdemeanors, they can’t be sealed later, which makes the outcome of the case more permanent than people expect.
Reckless and careless driving
Reckless driving means driving with a wanton or willful disregard for the safety of people or property. It is a class 2 misdemeanor traffic offense, with higher penalties for a second conviction.
Careless driving means driving in a careless and imprudent manner, without due regard for the road, the traffic, and the other circumstances. By itself it is a class 2 misdemeanor traffic offense. If it causes bodily injury or death, it becomes a class 1 misdemeanor traffic offense, which is how many serious crashes are charged when there is no impairment or recklessness. A careless driving charge after a fatal crash is a serious case.
Driving under restraint
Driving when your license is suspended, revoked, or denied, and you know it, is driving under restraint. When the restraint was for something other than an alcohol offense, such as unpaid tickets or points, it is a class A traffic infraction. When the restraint came from a DUI, DWAI, or an express consent revocation, it is a class 2 misdemeanor traffic offense, with heavier fines for a repeat conviction. Even the infraction has teeth: a second one within five years bars you from getting a license for three years.
Points and suspension
Colorado assigns points for traffic convictions. A driver 21 or older can have their license suspended for 12 points in 12 months or 18 points in 24 months. Lower thresholds apply to younger drivers. How a ticket is resolved can decide whether you reach those numbers.
Habitual traffic offenders
Three convictions within seven years for DUI or DWAI, reckless driving, driving under restraint, and certain other serious traffic offenses make a driver a habitual traffic offender. The DMV revokes the license for five years. Driving during that revocation is a misdemeanor that carries mandatory jail or a mandatory fine.
How we handle traffic cases
We look at what the prosecution can prove, from the officer’s observations to the crash reconstruction, and at the points and license consequences of every possible outcome. For a restraint charge, we check whether you actually knew about the restraint and whether it was valid. Because these convictions can’t be sealed, we weigh any plea against what it will mean years from now.
Colorado law on this page
- C.R.S. §§ 42-4-1401, 42-4-1402Reckless and careless driving
- C.R.S. § 42-2-138Driving under restraint
- C.R.S. § 42-2-127License points and suspension
- C.R.S. §§ 42-2-202, 42-2-205, 42-2-206Habitual traffic offenders
- C.R.S. § 24-72-706(2)Traffic convictions can't be sealed
This page explains Colorado law in general terms. It is not legal advice about your situation, and the law changes.