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Can you go to jail for speeding in Colorado?

Posted by Neil Shouse | Jun 10, 2019 | 0 Comments

It depends. Speeding less than 25 miles per hour over the speed limit is usually just a class A traffic infraction in Colorado, which carries no jail. Instead, the driver faces penalties of:

However, speeding 25 miles per hour or more than the speed limit is traffic misdemeanor in Colorado. Depending on the location, penalties include not only fines and DMV points but also possible jail time.

Refer to the table below for common Colorado speeding violations and their corresponding punishments.

Colorado speeding violation

Penalties under 42‑4‑1701 (4)(a)(I)(L) C.R.S. and 42‑2‑127 (5)(f), C.R.S.

1 to 4 mph over the reasonable and prudent speed, or more than the maximum lawful speed of 75 mph

42-4-1101(1) or (8)(b) C.R.S.

Class A traffic infraction:

  • $30 plus a $6 surcharge

5 to 9 mph over the reasonable and prudent speed, or more than the maximum lawful speed of 75 mph

42-4-1101(1) or (8)(b) C.R.S.

Class A traffic infraction:

  • $70 plus a $10 surcharge, and
  • 1 DMV point

10 to 19 mph over the reasonable and prudent speed, or more than the maximum lawful speed of 75 mph

42-4-1101(1) or (8)(b) C.R.S.

Class A traffic infraction:

  • $135 plus a $16 surcharge, and
  • 4 DMV points

20 to 24 mph over the reasonable and prudent speed, or more than the maximum lawful speed of 75 mph

42-4-1101(1) or (8)(b) C.R.S.

Class A traffic infraction:

  • $200 plus a $32 surcharge, and
  • 6 DMV points

Driving at a speed that is not reasonable and prudent given road conditions

42-4-1101(1) or (8)(b) C.R.S.

Class A traffic infraction:

  • $100 plus a $10 surcharge, and
  • 3 DMV points

Driving at such a slow speed that the normal and reasonable forward movement of traffic is impeded

42-4-1103(1) C.R.S.

Class A traffic infraction:

  • $50 plus a $6 surcharge, and
  • 3 DMV points

Exceeding a safe speed on a bridge or elevated structure

42-4-1104(1) C.R.S.

Class A traffic infraction:

  • $30 plus a $6 surcharge, and
  • 3 DMV points

25 or more mph over the reasonable and prudent speed, or over the maximum lawful speed of 75 mph

42-4-1101(12)(b) C.R.S.

Class 2 traffic misdemeanor:

  • $150 to $300, and/or
  • 10 to 90 days in jail

DMV points:

  • 6 if less than 40 mph over the limit;
  • 12 if 40 mph or more over the limit

25 or more mph over the reasonable and prudent speed, or over the maximum lawful speed of 75 mph in a construction zone

42-4-1101(12)(b) C.R.S.

Class 1 traffic misdemeanor:

  • $300 to $1,000, and/or
  • 10 days to 1 year in jail

DMV points:

  • 6 if less than 40 mph over the limit;
  • 12 if 40 mph or more over the limit

Note that penalties can be doubled if the speeding occurred in a maintenance, repair, or construction zone.

Depending on the circumstances of the case, a Colorado criminal defense attorney may be able to get a person's traffic ticket reduced to a lesser crime or possibly dismissed. The defense attorney may be able to find evidence helpful to the defendant, such as:

  • surveillance video showing that the defendant was not speeding;
  • eyewitness accounts that can attest to the defendant driving at or below the speed limit; and/or
  • the police's radar gun calibration records, which may show that the radar gun was inaccurate
 

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

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