Legal Question in Traffic Law in Colorado

Re: Reckless Driving

The statutes for reckless and the lesser offense of careless are included below. You could get up to 90 days jail as a part of this. An additional penalty is 8 points on your license for reckless and 4 points for careless. If you have a driving record of any kind, these points could get your license suspended. In addition, a guilty plea to this charge would subject you to payment of restitution for damage to the other car and its occupants, plus a potential civil suit.

I think it is obvious that I do not think you should "just plead guilty." Call me if you want representation.

Jason - 720-406-6969

Reckless Driving 42-4-1401

(1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle or motorized bicycle shall not be subject to the provisions of section 42-2-127.

(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. Upon a second or subsequent conviction, such person shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment.

42-4-1402 - Careless driving - penalty.

(1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle or motorized bicycle shall not be subject to the provisions of section 42-2-127.

(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense, but, if the person's actions are the proximate cause of bodily injury or death to another, such person commits a class 1 misdemeanor traffic offense.

Re: Reckless Driving

You should definitely plead not guilty under the facts you describe - you may be guilty of something, but probably not reckless driving if in fact the other car was on the roadway and your driving was reasonable under the circumstances. Since there are potentially severe consequences to you if found guilty of this charge [points, insurance premium increase, fines, etc.] you should consider obtaining competent legal reprsentation.