Colorado Reckless Driving Lawyer – $750 Fixed Fee for Most Cases; Credit Cards Accepted
Serving the Residents of El Paso and Teller Counties, and all Out-of-State Drivers charged with Reckless Driving in Colorado.
Reckless driving, and the related but less serious charge of “careless driving”, are serious charges in Colorado that can affect the points on a person’s record, which can jeopardize a person’s ability to legally drive. Convictions or guilty pleas can stay on a person’s record indefinitely, and can even surface in later years in job application or other background checks. In severe cases, such as multiple offenses, a conviction can even lead to incarceration.
I Will Fight Your Reckless Driving Charge!
- All Cases Accepted on a Fixed-Fee Basis
- Credit Card Payments Accepted for My Clients’ Convenience
IF YOU’VE BEEN CHARGED WITH RECKLESS OR CARELESS DRIVING IN COLORADO, PLEASE CALL ME TO LEARN HOW I CAN HELP BEFORE PAYING YOUR TICKET.
I offer fixed-fee representation in most cases, and a vigorous defense. This defense can include contesting your ticket at trial or working tenaciously in seeking a reduction in points and/or fines, if possible.
Once I understand that nature of the facts and any charges, I can discuss with you the options available, and the likely outcomes. I will then represent you in whichever path you choose, whether a negotiated plea or a litigated case.
How to Beat a Reckless Driving Charge in Colorado (or Get the Points or Fines Decreased)
As a Colorado Springs reckless driving ticket lawyer, a common question by those charged is “Can I get my reckless driving ticket reduced or the points or fines decreased?” More specifically, those charged with reckless driving may ask how a reckless driving charge can be beat.
There is not any one set way to “beat” a reckless driving charge. Your best option will be to retain an experienced lawyer who can represent you, develop a strategy for your case, challenge the prosecution, and seek dismissal if there is are legal grounds to do so.
The prosecution or court may have discretion to lower the points, the charge, and (sometimes) even the amount of the fine.
What is the Best Option for Your Reckless Driving Case?
As with any other legal matter, seek an experienced attorney.
I am an experienced criminal trial and appellate attorney and was ranked as the #1 Appellate Defense Attorney worldwide (out of about 1,200 officers) and one of the top 4 Trial Defense Attorneys while serving in the United States Air Force.
The key factors to obtaining a more favorable outcome are:
- How strong is the prosecution’s case? Is there video of your alleged reckless driving, or only an officer’s word? What, exactly, did the officer allegedly see you do? Do you have witnesses to support your version of the case?
- Is this your first infraction? Prosecutors can be willing to be more lenient on first-time offenders with an otherwise clean driving record than those with serious driving convictions.
- Where will your case be heard? In some jurisdictions prosecutors have more discretion than other jurisdictions. When I learn about your case I can explain how these differences may affect your case.
- Are you willing to go to trial? Going to trial can result in an acquittal (not guilty finding), or a conviction. In some cases where the prosecution’s case is not strong, it may very well make sense to take a case to trial.
I work with clients to carefully evaluate these and other options that may be presented so that a client can choose the right strategy.
What Happens After Legal Counsel is Retained?
If you hire me, my first act as your legal counsel will be to file with the court a “Notice of Appearance.” This notice instructs the court that you have legal representation, and that communications on your behalf should be sent to me.
After that, a pretrial conference is generally scheduled where I will meet with the prosecutor and negotiate with them on your behalf. If we are unable to reach an agreement based on your goals, then the case proceeds to trial.
What Constitutes Reckless Driving in Colorado?
“Reckless driving” is defined in Colorado Revised Statutes Section 42-4-1401(2), which provides the following;
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 commits reckless driving, which is a class 2 misdemeanor traffic offense. (emphasis added)
As a result, to be guilty of reckless driving in Colorado, the driver of the vehicle must do so in such a manner as to disregard the safety of others or the possibility of causing property damage.
Importantly, driving 25mph over the speed limit also qualifies as reckless driving.
What Constitutes Careless Driving in Colorado?
Colorado has three different sections that cover careless driving, which are as follows:
Careless driving. A person who drives a motor vehicle, electrical assisted bicycle, or low-powered scooter in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, or use of the streets and highways and all other attendant circumstances, commits careless driving, which is a class 2 misdemeanor traffic offense when no bodily injury or death to another results. 42-4-1402 (2) (a) (emphasis added)
This section is similar to the “reckless driving” statute above, except that it does require a willful disregard for safety but, instead, only requires careless or imprudent conduct. Additionally,
A driver who fails to properly exhibit due care and caution while approaching or passing a stationary authorized emergency vehicle that is giving a visual signal commits careless driving, which is a class 2 misdemeanor traffic offense when no bodily injury or death to another results. 42-4-705 (3) (b) (emphasis added)
This statute thus penalizes a lack of proper care when driving around parked emergency vehicles with visual signals (i.e., lights flashing). Further,
A driver who fails to properly exhibit due care and caution while approaching or passing a maintenance, repair, or construction vehicle that is moving at less than 20 miles per hour commits careless driving, which is a class 2 misdemeanor traffic offense when no bodily injury or death to another results. 42-4-705 (3) (b) (emphasis added).
This last statute is designed to prevent careless driving around maintenance, construction or other types of vehicles.
What are the Penalties for Reckless Driving in Colorado?
For the first offense of reckless driving, a motorist can receive ten (10) to 90 days in jail and/or a fine of $150-300. For a second offense and any offense after, a motorist can receive ten (10) days to six (6) months in jail and/or a fine of $50-$1,000.
In addition to possible jail time and fines, a motorist will receive eight (8) points on their license for a reckless driving conviction. Depending on the motorist’s current driver’s license status, their insurance may increase, and the additional points could result in the suspension of the person’s driver’s license.
If the reckless driving caused the death of another person, the motorist could be charged with vehicular homicide.
What are the Penalties for Careless Driving in Colorado?
Careless driving has the same penalties as reckless driving does, however, only four (4) points are added to the motorist’s license. If the motorist is operating a bicycle or electrical bicycle, then no points are added.
If someone else is injured or dies as the result of the careless driving, it is considered a class 1 traffic misdemeanor and the motorist could face ten (10) days to one (1) year in jail and/or receive a fine of $300-1,000.
Even though the number of points for Careless Driving is less than Reckless Driving, a conviction (including pleading guilty) for Careless Driving will still count as a strike that can affect a license being suspended or revoked. As a result, a charge of Careless Driving should be taken seriously.
What Will Happen to My Driving Record? How Long Will I Be Affected?
Both reckless and careless driving convictions will stay on your record indefinitely. The Colorado Division of Motor Vehicles maintains driving records for the past seven years. You can always view your driving record online or by going to a full service Driver License Office.
Do I Have to Go to Court?
If you receive a reckless or careless driving ticket but there is no fine cited on it, it means you are automatically summoned to appear in court. The officer may have written “court” where the amount of the fine would normally have been written. This also means that you cannot simply plead guilty and pay a fine. You must appear in court where you will learn more details of your charges. Your summons should have a section code which you can read more about at City Code of the City of Colorado Springs.
If a fine amount is listed, you may be able to pay it before the court date, and therefore, may not have to appear in court. If the option of paying a fine applies, the officer should have stated that on your copy of the summons. Understand that paying the fine amount on your ticket legally establishes a guilty plea. If points are applicable, then the charge will be reported to the Colorado Department of Revenue – Motor Vehicle Division.
Where Are Reckless Driving Cases Heard in Colorado Springs?
In Colorado Springs, a motorist could be cited for reckless driving (or careless driving) by one of three different enforcement agencies – the Colorado Springs Police, the Colorado State Highway Patrol, or the County Sherriff’s Department.
The Colorado Springs Municipal Court hears traffic citations issued by the Colorado Springs Police Department. This court is located at:
224 E. Kiowa St.
Colorado Springs, Colorado 80903
Traffic citations issued by the El Paso County Sherriff’s Department and the Colorado State Highway Patrol are heard at the El Paso County Combined Courts. The Combined Courts are located at:
270 S. Tejon St.
Colorado Springs, Colorado 80903