Careless And Reckless Driving In Colorado
52 rows · Reckless driving is a serious charge and can in steep fines, loss of driving privileges, or even jail time in some instances. If you have been cited with a reckless driving ticket and are going to plead not guilty, you would be wise to an experienced traffic ticket attorney in your politedriving.comted Reading Time: 9 mins.
Common Reckless Driving Charges The exact violations from a reckless driving citation will vary according to your state of residence. In general, driving actions showing negligence or reckless disregard that could in charges include: Excessive speeding at a velocity that can be considered dangerous.
Reckless Driving Tickets and Charges In State reckless driving charges is a criminal offense and in a criminal or reckless driving penalty. It even carries heavy fines and jail time under certain politedriving.comted Reading Time: 5 mins.
A reckless driving citation and conviction can in severe penalties. In some states, it may qualify as a misdemeanor offense and stay on your permanent criminal record. While it depends upon your state, a few of the consequences you could face if convicted of a reckless driving citation include.
Careless and Reckless Driving in Colorado explained
While you may have thought reckless driving was a simple traffic ticket or citation, in North Carolina, reckless driving is actually a criminal charge. If you have been charged with reckless driving, you need the expertise of a criminal defense lawyer to fight to keep you from a permanent criminal record.
Reckless Driving Laws
The purpose of this article is assist readers in understanding both the criminal and civil legal issues that can arise from a Colorado traffic accident. Both offenses require the prosecution to prove two basic elements in order for a driver to be convicted. The first is that the driver must be operating a vehicle at the time of the offense in a careless or reckless manner. The second major part of a careless or reckless driving offense requires a culpable mental state of the driver and is different for the two offenses.
This second basic element often poses a substantial challenge to prosecutors who must prove each basic element of the crime to a judge or jury beyond a reasonable doubt. The different mental states for careless driving and reckless driving will be discussed at length below. Colorado courts have found that a person who knowingly chooses to drive without such due regard, which creates a possibility that property may be damaged or that others will be injured, has the required state of mind to be found guilty of careless driving.
Essentially, this means that if a driver consciously operates their vehicle in a way they know to be dangerous, they may be exposing themselves to criminal liability. Some potential examples of careless driving are: Exceeding the speed limit in rainy, foggy or icy conditions.
Weaving in and out of traffic in a dangerous manner on a crowded highway. Exceeding the speed limit by an excessive amount. If a driver operates his or her vehicle carelessly, and that conduct causes serious injury or death, by statute the driver will be subject to stricter criminal penalties. Driving at twice the speed limit in a highly populated residential area when children are present.
Intentionally cutting off another vehicle while driving at high speeds. Establishing Civil Liability Arising from Negligent Driving and How Criminal Convictions Affect Civil Liability Regardless of the criminal implications that may potentially also arise from negligent driving, the four pillars of a civil case arising from negligent driving remain duty, breach, causation, and damages.
Further, while it is safe to say that a conviction of criminal careless or reckless driving, which careless or reckless driving caused damage to a plaintiff, may in fact lead to sufficient evidence of civil negligence, not all acts that result in a finding of civil negligence in a civil lawsuit are enough to sustain a charge of careless or reckless driving at a criminal trial.
Also, while the criminal side of negligent driving requires the prosecution to establish culpable mental state, there is essentially no such requirement to prove negligence in civil cases. Put simply, a driver can breach their duty to drive safely in a way that exposes them to civil liability, but not criminal responsibility.
In a Colorado criminal case, involving a charge of careless driving or reckless driving, the standard of proof the prosecution must meet to convict a driver is the far stricter standard of guilty beyond a reasonable doubt.
Some examples of negligent driving behavior, which are unlikely to rise to the level of careless or reckless driving, are a driver causing a plaintiff damages due to: Driving carefully, but missing a stop sign and thereby causing an accident. Accidentally backing up into another vehicle in a parking lot. Checking side view mirrors to change lanes and accidentally rear-ending the vehicle in front of you when it slows or stops. In order to prove negligence per se a plaintiff must demonstrate to the court that the defendant broke a law that provides for a criminal penalty in addition to showing that by breaking the law the respondent caused the kind of damages the law was intended to prevent.
Finally, if a person is convicted of careless or reckless driving in a criminal court, the judge may order the defendant to pay the parties damaged by his misconduct directly through a process of law known as criminal restitution. Legal Disclaimer — The information contained at this web site is not intended to be legal advice and all information regarding Colorado criminal law is general content only and should not be relied upon for any specific Colorado criminal law situation.
Information on this web site is not intended to be comprehensive and does not cover all the issues, nuances or ramifications related to the topic discussed. Individuals should consult an experienced Denver criminal attorney, Denver DUI laywer, or Denver traffic lawyer for advice regarding an individual situation.