“Class 1 Misdemeanor Traffic Offenses” in Colorado Court

Class 1 misdemeanor traffic offenses in Colorado are punishable by

• 10 days to 12 months in county jail,
• $300 to $1,000 in fines, as well as
• DMV points.

Convictions can never be sealed from your criminal record. Though it may be possible to get the charges reduced to a class 2 misdemeanor traffic offense or traffic infraction or dismissed completely.

In this article, our Colorado criminal defense attorneys will address the following key topics:

• 1. Class 1 Misdemeanor Traffic Offenses
• 2. Penalties
• 3. Examples
• 4. Record Seals
• 5. Ignoring Your Ticket
• 6. Trials
• 7. Statute of Limitations
• 8. Gun Rights

Colorado law enforcement officers issue class 1 misdemeanor traffic offense tickets for speeding more than 25 mph in a work zone.

1. Class 1 Misdemeanor Traffic Offenses

Class 1 misdemeanor traffic offenses are a category of Colorado driving crimes. These traffic violations carry harsher penalties than class 2 misdemeanor traffic offenses.¹

2. Penalties

Colorado penalties for class 1 misdemeanor traffic offenses include 10 days to 12 months in jail and/or $300 to $1,000 in fines, plus DMV points. If you pick up too many DMV points, you face having your driving privileges suspended.²

It may be possible to do community service instead of paying the fine.

Note that misdemeanor traffic offenses are more serious than traffic infractions, which are only civil violations. The maximum penalty for traffic infractions is only fines and surcharges, whereas the maximum sentence for traffic misdemeanors is jail time.

Three examples of class 1 misdemeanor traffic offenses in Colorado include:

1. Exceeding the speed limit (CRS 42-4-1101) by 25 mph or more in a construction zone, maintenance zone, or repair zone
2. Knowingly engaging in speed contests with a motor vehicle (CRS 42-4-1105)
3. Careless driving (CRS 42-4-1402), if someone sustains bodily injury

See the state government’s official list of class 1 misdemeanor traffic offenses in Colorado.

4. Record Seals

Convictions for class 1 misdemeanor traffic offenses are unsealable. These traffic law violations remain on your record forever.

Therefore, if you are ticketed for a traffic misdemeanor, you are advised to contest the case to have the charge reduced or dismissed. If the charge gets dismissed, the case can be sealed immediately.³

Learn how to get criminal records sealed in Colorado.

Colorado courts issue bench warrants to people who ignore their misdemeanor traffic offense tickets.

5. Ignoring Your Ticket

If you are ticketed for a class 1 misdemeanor traffic offense and fail to pay your fine or appear in court, you will have a bench warrant issued for your arrest. Then the DMV may revoke your driver’s license until the matter is resolved and the fine is paid.⁴

6. Trials

If you are charged with a class 1 misdemeanor traffic offense in Colorado, you may have a jury trial of six jurors. With the court’s permission, you may instead have

• a bench trial (where the judge decides the verdict) or
• a smaller jury of no less than three people.⁵

7. Statute of Limitations

Colorado district attorneys have 1 year after an alleged class 1 misdemeanor traffic offense to press criminal charges. Learn more about criminal statutes of limitations in Colorado.⁶

8. Gun Rights

A conviction for a traffic misdemeanor should not affect your firearm rights. You can keep your guns.

Additional Reading…

Go to our Colorado traffic misdemeanor main page. Also see our articles about Colorado misdemeanors, Colorado felony crimes, class A traffic infractions, and class B traffic infractions.

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Legal References

1. Colorado Revised Statute 42-4-1701; see also People v. Hernandez (Colo. 2011) 250 P.3d 568; see also People v. Manzo (Colo. 2006) 144 P.3d 551.
2. Same.
3. CRS 24-72-701 – 708.
4. Colorado Department of Revenue – Frequently Asked Questions (outstanding judgment warrants – OJWs); County Court Traffic Violations pamphlet, Colorado government.
5. CRS 18-1-406.
6. CRS 16-5-401.