Colorado addresses reckless driving as a criminal traffic misdemeanor offense, which carries both the potential of criminal and administrative penalties upon conviction. Furthermore, second or subsequent offenses carry increased penalties in the criminal courts and compound administrative penalties already facing a driver.
Colorado defines reckless driving as a more serious form of careless driving, with the caveat being that reckless operation shows an intentional disregard for the safety other persons on the roadway or their property.
|
Offense/Violation |
Classification |
Criminal Penalties |
Points Applied to License |
Other Administrative Penalties |
|
Reckless Driving |
Misdemeanor |
Incarceration up to 90 days, with fines of $300, not including court costs, fees or surcharges |
8 |
With sufficient prior points, license suspension based on points possible |
|
Reckless Driving, 2nd or subsequent conviction |
Misdemeanor |
Incarceration up to six months, with fines of not more than $1,000, not including court costs, fees or surcharges |
8 |
With sufficient prior points, license suspension based on points possible |
The offense of reckless driving itself does not result in a mandatory license suspension in Colorado, but given the high point value of the offense, point-based suspensions are likely to occur. Adults (persons aged 21 and older) accruing 12 points in one year or 18 points in two years are subject to license suspension up to one year. Adults age 18 to 21 face one year suspension upon reaching 9 points in one year or 12 points in two years. In either situation, drivers must attend an administrative hearing to determine the outcome of their case, including whether suspension will occur, the length of suspension and whether conditional licensing is possible. The outcome of a point-based suspension hearing is highly case-specific.
Dealing with a reckless driving charge in Colorado will revolve around contesting the criminal charges directly, ideally through the representation of a lawyer. By contesting the reckless driving charge, specifically whether other traffic violations fit the description of a driver's actions rather than the undefined nature of reckless driving under the law, a driver can seek out either dismissal, or if not possible, a favorable plea option. Favorable plea options can range from reduction of the charge into a non-criminal traffic citation or conviction with a favorable sentencing agreement not involving incarceration.
As noted above, the criminal nature of the charges faced, the possibility of creating a permanent criminal record, and the license implications of a reckless driving conviction should indicate to anyone that legal counsel is necessary in any serious defense against reckless driving charges in Colorado. To learn more in terms of your pending reckless driving case, contact a Colorado reckless driving lawyer.