“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. But 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 discuss:

• 1. What are class 1 misdemeanor traffic offenses?
• 2. What is the sentence for class 1 misdemeanor traffic offenses in Colorado?
• 3. What are examples?
• 4. Can class 1 misdemeanor traffic offenses be sealed?
• 5. What if I ignore my traffic ticket?
• 6. Can I go to trial?
• 7. What is the criminal statute of limitations for class 1 misdemeanor traffic offenses?
• 8. Can I keep my gun?

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

1. What are 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. What is the sentence for class 1 misdemeanor traffic offenses in Colorado?

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. Colorado drivers who pick up too many DMV points face getting their 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. Can class 1 misdemeanor traffic offenses be sealed?

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

Therefore, people ticketed for a traffic misdemeanor are advised to fight the case to get 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. What if I ignore my traffic ticket?

People ticketed for a class 1 misdemeanor traffic offense who fail to pay their fine or appear in court will have a bench warrant issued for their arrest. And the DMV may impose a driver’s license revocation until the matter is resolved and fine is paid.⁴

6. Can I go to trial?

Yes. People charged with a class 1 misdemeanor traffic offense may have a jury trial of six jurors. With the court’s permission, the defendant may instead have

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

7. What is the criminal statute of limitations for class 1 misdemeanor traffic offenses?

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. Can I keep my gun?

Yes. A conviction for a traffic misdemeanor should have no effect on the defendant’s firearm rights.

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, (2011) 250 P.3d 568; see also People v. Manzo, (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.