Careless driving (CRS 42-4-1402) is a class 2 misdemeanor traffic offense in Colorado as long as nobody was injured. The punishment includes:
- 10 to 90 days in jail, and
- $150 to $300 in fines.
In most cases, judges typically impose just a fine and no incarceration.
Note that careless driving becomes a class 1 misdemeanor traffic offense if someone gets injured or killed. Penalties are:
- 10 days to 1 year in jail, and
- $300 to $1,000 in fines.
Additional careless driving penalties may include:
- restitution payments to any victims, and
- community service hours.
Unless you were driving a bike, four DMV points will be added to your driving record.1
What is careless driving?
Like it sounds, Colorado law defines careless driving as driving without proper regard for the surroundings. Examples of careless driving may typically include:
- speeding slightly over the limit
- yielding, but not stopping, at a stop sign
- forgetting to signal before merging
Note that you can be cited for careless driving not only in an automobile but also on a bike or even a scooter. It does not matter whether you are driving on public or private property – you can still face charges.2
How can I fight the charges?
The most common defense to Colorado careless driving charges is to dispute the allegation that you were driving carelessly. Perhaps the police made an honest mistake. Or perhaps someone in a similar looking vehicle was driving carelessly, and they mistook you as the guilty driver.
Another defense is that you were not the one driving the car. This defense is applicable in cases where:
- you lend your car to someone else,
- that person drives carelessly, and
- the police officer tracks the license plate to you
resulting in you getting a citation in the mail.
If you were charged with careless driving causing bodily harm or death, you may be able to get the charge reduced to plain careless driving by showing that your actions did not cause the victim’s injuries. Or if you can show that you were not careless driving at all, then the entire charge should be dismissed.
In careless driving cases, Denver criminal defense attorneys rely on such evidence as:
- surveillance video from traffic cameras,
- eyewitness accounts,
- alibi testimony,
- GPS records, and
- accident reconstruction expert testimony.
Careless driving changes from a class 2- to a class 1 traffic misdemeanor if someone gets hurt.
Is careless driving different than reckless driving?
Yes. Careless drivers take road risks without realizing it. In contrast, reckless drivers are aware of the risks they are posing to others – and they take them anyway.
Like careless driving, reckless driving is a class 2 misdemeanor traffic offense carrying:
- Between 10 and 90 days in jail,
- $150 to $300 in fines,
- possibly restitution, and
- possibly community service.
Second- or subsequent convictions increase the maximum penalty to:
- 6 months in jail, and
- $1,000 in fines.
Whereas careless driving causes four points to be added to your record, reckless driving carries an eight-point penalty.3
Legal References
- CRS 42-4-1402. People v. Chapman, (1977) 557 P.2d 1211. See, for example, People v. Zweygardt, (Colo. App. 2012) 298 P.3d 1018.
- See note 1.
- CRS 42-4-1401.
