Legal Question in Traffic Law in Colorado

Re: Careless Driving and possible location mistake

I am sorry to hear that you were hurt in the accident.

Your question does not provide sufficient facts to tell how strong the careless driving case is against you. I would need to know more about: Were there witnesses? How did the officer obtain his information for his probable cause to issue the ticket? Did you make any statements to him?

If he has evidence against you, the ticket may stand in court... but if does not have sufficient evidence against you, you may be able to fight the ticket.

If you desire, email to me more of the facts in your case so that I can give you an appropriate answer.

As far as the error on the ticket regarding location goes, the prosecutor can always amend the ticket to reflect the correct location; therefore, this error on the ticket will not allow you to get out it.

David Colt

Re: Careless Driving and possible location mistake

Pros can amend, but may not if not pointed out to him/her prior to jeopardy attaching. This might allow a dismissal after the prosecution case.

I assume that there were witnesses or that you made a statement. This will be the only proof of the careless nature of your driving.

I know that motorcycle riders are more aware of surroundings than anyone and that no one wants to slide their bike. I find it hard to believe that the prosecutor could prove careless based on what you have said, unless there is very good evidence of bad driving or speeding.

The prosecutor will likely offer you a 2 point ticket. That is a fairly standard offer. Setting your case for trial may result in a better deal or a trial. You will not know until the day of trial. If you want to fight this, let me know.