In Greeley, Colorado, Reckless Driving and Careless Driving are different and have different penalties if you are facing them. Our community often uses the words reckless and careless interchangeably, however in a criminal case they mean very different things. One describes a more minor driving offense, and one is twice as serious. Words have definitions and those definitions will define whether you’ve committed a crime or not. In the blog below, our top Greeley and Weld County lawyers discuss the difference between Careless Driving and Reckless Driving in Greeley. Let our traffic lawyers help you and your case.
Colorado Definitions of Careless Driving, C.R.S. 42-4-1402 and Reckless Driving, C.R.S. 42-4-1401
Definition of Careless Driving, C.R.S. 42-4-1402, Colorado is:
A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter 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.
The definition of Reckless Driving, C.R.S. 42-4-1401, is:
A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter 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 electrical assisted bicycle shall not be subject to the provisions of section 42-2-127.
Careless Driving Charge and Reckless Driving Charge What is the Difference in Weld County?
Stripped down, the main difference between a Careless Driving and Reckless Driving charge is that to be charged with the more severe crime of Reckless Driving, you must have a conscious disregard for people’s safety or property. Taking a closer look at a Careless Driving charge on the other hand, a person driving is not doing so willfully or consciously, but rather by not paying attention to the risks surrounding them. A Reckless Driver knows the risks and continues to drive in the same way. An example of Careless Driving would be a driver driving too fast in a rainstorm. A Reckless Driving example would be a driver trying to get home is tailgating, creating obvious risks and speeding around other cars while endangering them.
Punishments for a Reckless Driving or Careless Driving Conviction in Windsor, Colorado
In Windsor and across Colorado, the punishment for Careless Driving or Reckless Driving can both be a class 2 misdemeanor traffic offenses with punishments of 10 to 90 days in the Weld County Jail, a fine of up to $300, and points on your driving record. However, if a victim in the Careless Driving conviction had serious bodily injury or death, then the sentence is a class 1 misdemeanor traffic offense with punishments of 10 days to 12 months in the Weld County Jail and $300 to $1,000 in fines. It is also important to know that a second or subsequent Reckless Driving conviction can have punishments of a minimum 10 days up to 6 months in jail, and up to $1,000 in fines.
How Many Points do you Get from a Reckless Driving Conviction in Colorado?
A Reckless Driving Conviction automatically gets you 8 points against your Colorado driving privilege. Remember, once you get 12 points total on your Colorado driving record, you will receive a points suspension of your driving privilege.
How Many Points do you Get from a Careless Driving Conviction in Colorado?
A Careless Driving conviction without injury, gets you 4 points against your Colorado driver’s license. But if someone is seriously injured or killed by your Careless Driving, you’ll get 12 points and automatically lose your driving privilege with a suspension. It only takes 12 points for your license to be suspended.
Other penalties and punishments for both Reckless and Careless Driving convictions can be a higher insurance premium, restitution to the victim, and possibly community service. Also, by adding points to your license it is possible that your license could be revoked if you have accumulated too many points on it. To learn more about License Revocation or License Point Suspension go here.
Why Hire a Top Weld County Traffic Lawyer
When facing a Careless Driving or Reckless Driving Charge it is important to have a skilled traffic lawyer with you. A conviction can have lasting consequences to your job, family life, and finances. Our attorneys can help you navigate the details of your case and fight for the best outcome.
If you or a loved one have been accused of Careless or Reckless Driving in Greeley and are headed to the Weld County Courthouse, be sure to exercise your right to remain silent. Call the best traffic offense attorneys at the O’Malley Law Office. Call 970-616-6009 to meet with an experienced criminal traffic defense lawyer in Weld County. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
Image by Rico Löb from Pixabay