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Reckless Driving in Colorado: Broad Laws Mean More People Are Charged

Posted by Terry O'Malley | Nov 28, 2015 | 0 Comments

Reckless Driving is often charged in Denver, Highlands Ranch and across Colorado because the statute is so broad. This isn't fair to those charged or arrested for this crime, especially when the consequences are so harsh. If you've been charged or accused of Reckless Driving, you need to involve the best criminal defense attorneys on your side right away.

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What is Reckless Driving in Adams County? Definition and How It's Charged

Reckless Driving, C.R.S. 42-4-1401, is charged in Adams and Douglas County when:

“A person 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.”

This crime's definition is so vague that it complicates things for the jury. The jury is often left trying to decipher between whether someone disregarded the safety of others “willfully” or “wantonly”.  In other words, whether someone intentionally and unlawfully drove recklessly, or whether someone intentionally and with cruel intent drove recklessly. These particular elments of Reckless Driving can be complicated to investigate and prove, especially for a jury. In many cases where people are charged with Reckless Driving, they are the victim of road rage or they simply overreacted to someone else's poor driving, which caused an accident. That doesn't make them a criminal, nor guilty of this serious traffic crime.

Common Examples of How Reckless Driving is Charged in Colorado

Julie is on her way to work in Arapahoe County one morning, but is running late. There's only one lane on the road she's driving on, and the person in front of her is going too slow. Julie becomes anxious, and after a couple of minutes begins tailgating the car to see if they'll speed up. The car eventually does speed up, but slows down abruptly after seeing a police officer on the side of the road. Julie doesn't have enough time to stop and ends up hitting the car in front of her. The person ends up getting injured, and accuses Julie of hitting her on purpose. Julie could be charged with Reckless Driving for following the car too closely and causing an injury as a result.

Amber lives in Fort Collins, but has a meeting down in Denver one morning. Amber left her house on time, but unfortunately the traffic is so heavy it begins adding extra time onto her commute. In an effort to make it to the meeting on time, Amber begins swerving in and out of traffic. Unfortunately, she underestimates how fast some of the cars in front of her are going. When she switches lanes, she cuts someone off, and ends up causing the person behind her to hit her. This then causes a small pile up of cars behind that car. Based on comments from angry drivers, Amber could be charged with Reckless Driving.

Across Colorado, car accidents like these happen all of the time, especially now with so many people moving to Colorado. Traffic around Colorado is getting heavier, and many people from Colorado Springs up to Fort Collins are making longer commutes. Defendants can also be charged with Reckless Driving for going too fast. But, at what speed does the prosecution see this conduct as reckless driving instead of speeding? It is nearly impossible to predict.  This is just another reason why a traffic defense attorney at your side is vital. There is too much at stake for you to fight any charges alone.

Consequences of Reckless Driving in Denver

For over 25 years, we've defended men and women accused of driving recklessly.

Reckless Driving is normally charged as a class 2 misdemeanor traffic offense in Denver and Aurora, and across Colorado. That means those convicted could spend up to 90 days in the Denver County Jail. But, with a second or subsequent conviction of Reckless Driving, the accused could face a fine ranging from $50 to $1,000, along with possible Arapahoe County jail time between 10 days and 6 months. A Reckless Driving charge could also lead to a loss of your driver's license because of the 8 points that are accumulated. This can weigh heavily on anyone arrested or charged with Reckless Driving. Individuals who need their cars to get to work, or parents who drive their children to school, are all affected by the loss of a driver's license. That's why a criminal defense attorney is so vital. You need a strong advocate in court to fight against unreasonable or broad criminal charges against you. We are that voice for you. For over 25 years, we've defended men and women accused of Driving Recklessly.

Charged with Reckless Driving in Colorado? Contact a Criminal Defense Attorney

So much of how people are charged with Reckless Driving in Jefferson and El Paso County depends on things like how heavy the traffic is, injuries and what time of day it is. Specific details like these can make all the difference in the outcome of your case. You need an experienced criminal defense lawyer to analyze any Reckless Driving charges you're facing and how they match the details of your case. Contact one of our knowledgeable lawyers today.

Get Help Now

If you or someone you know has been confronted by the police as a result of Reckless Driving in Colorado, be smart, utilize your right to remain silent and contact the O'Malley Law Office at 303-830-0880. Together, we can protect your future.Request a Free Consultation

Image Credit: Pixabay – TBIT

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Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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Get Help Now

If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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