A reckless driving charge in Colorado is not something to brush aside. Unlike a standard traffic ticket, this offense carries real criminal consequences that can follow you for years, affecting your driving record, your freedom, and your finances. Under Colorado Revised Statutes § 42-4-1401, reckless driving is defined as operating a motor vehicle in a manner that indicates a wanton or willful disregard for the safety of persons or property.
At Shazam Kianpour & Associates, P.C., we have spent over 22 years defending clients throughout Denver and the surrounding metro area against serious traffic violations in Colorado. Our team has handled thousands of criminal and traffic cases, and we know what it takes to build a strong defense when the stakes are high.
Reckless driving is a class 2 misdemeanor traffic offense in Colorado. For a first-time conviction, you may face up to 90 days in county jail and fines ranging from $150 to $300. A second conviction carries 10 days to six months in jail and fines of $50 to $1,000. A conviction also results in eight points assessed against your Colorado driver’s license by the DMV, which is significant on its own and can compound quickly if you already have points on your record.
Reckless driving is also a habitual traffic offender strike in Colorado. If the DMV designates you a habitual traffic offender, you face up to 18 months in jail and a possible five-year driver’s license revocation. According to the Colorado State Patrol, speeding was the top causal factor in fatal and injury crashes investigated by troopers in 2023, which is part of why courts and prosecutors treat reckless driving with particular seriousness. Understanding what is at stake is the first step toward building a meaningful defense.
Reckless driving in Colorado is a Class 2 misdemeanor traffic offense under CRS § 42-4-1401. It involves operating any motor vehicle, bicycle, or scooter with a wanton or willful disregard for the safety of others or their property. A conviction carries up to 90 days in jail, fines up to $300, and 8 DMV points on your license.
Colorado courts and law enforcement officers look at a wide range of driving behavior when determining whether someone acted recklessly. Common examples of charges under this statute include:
Because the law does not require proof of actual harm — only a demonstrated disregard for potential harm — prosecutors can pursue even when no accident occurred.
A first reckless driving conviction in Colorado can result in fines between $150 and $300 and a jail sentence of 10 to 90 days. A second or subsequent conviction carries fines of $50 to $1,000 and up to six months in county jail. Driving 25 mph or more over the limit is itself a Class 2 misdemeanor under Colorado law, which means a single traffic stop can result in multiple stacking charges.
A conviction also adds 8 points to your Colorado DMV record. Once you cross the DMV’s point threshold, your license is automatically suspended — a threshold many drivers hit faster than they expect.
Beyond immediate fines and jail time, a conviction can cause your insurance premiums to rise significantly, and the conviction will appear on background checks for employment, housing, and professional licensing. These are consequences that follow you long after any fine is paid.
Reckless driving also counts as a habitual traffic offender strike. Accumulate enough qualifying convictions within five years and the DMV can designate you a habitual traffic offender, triggering a five-year license revocation and up to 18 months in jail.
Careless driving is a separate and lesser offense than reckless driving, though prosecutors sometimes charge both, and the distinction carries real consequences. Under CRS § 42-4-1402, the prosecution must prove that you drove in a careless and imprudent manner, meaning in a way that was erratic, unsafe, or inconsistent with how a reasonable person would drive under the circumstances, and that you drove without due regard for the safety of others or property.
Careless driving is a class 2 misdemeanor traffic offense in most situations, but it may be elevated to a class 1 misdemeanor if it caused bodily injury, or to a class 4 felony if it resulted in death. Do not take either charge lightly. Careless driving is also a common companion charge to reckless driving when an accident is involved, and how each charge is framed by the prosecution determines the defense strategy that will be most effective.
Colorado law treats these as distinct offenses with different legal standards. Careless driving under CRS § 42-4-1402 involves operating a vehicle without due regard for road conditions and safety — a lower standard of culpability. The more serious charge requires proof of a wanton or willful disregard for safety — an active, knowing choice to ignore risk.
This distinction matters for your defense. In some cases, a reckless driving charge can be negotiated down to careless driving, which carries only 4 points versus 8 and less severe sentencing. Our attorneys examine every detail of your stop and arrest to find where the prosecution’s characterization of your conduct can be challenged.
In Colorado, traffic school is not automatically available for reckless driving charges. Whether you qualify depends on your driving record and the specifics of your case. You may be eligible if you hold a valid, non-suspended license, your offense does not involve a CDL, and your violation does not rise to a misdemeanor or felony level.
Attending traffic school when eligible can help offset points and may lower your insurance rates. Our team can advise whether this option is available in your case and how to pursue it alongside your defense.
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Yes — and this is one of the most serious long-term risks of a conviction. Colorado’s habitual traffic offender statute, CRS § 42-2-206, designates drivers who accumulate a combination of serious violations within five years. Once designated, your license is revoked for up to five years.
Driving while under revocation is itself a separate crime that can compound an already serious legal situation. The earlier you contact an attorney, the more options we have to prevent this cascade from happening.
These charges frequently arise from accidents. When a driver leaves the scene before exchanging information, prosecutors may stack additional counts. Colorado law requires drivers involved in accidents to remain at the scene. Leaving — even due to panic — can result in hit and run charges , dramatically increasing potential penalties.
Our defense begins with a thorough investigation. We review the officer’s report, any available footage, road and weather conditions, speed measurement equipment calibration, and whether proper stop procedures were followed. Every detail matters.
We evaluate all available strategies — challenging the evidence, disputing the characterization of your driving, negotiating a reduction, or taking your case to trial. If you are also facing a license suspension, we handle DMV hearing representation to fight to preserve your driving privileges while your case is pending.
If you are searching for answers about reckless driving charges in Colorado, the questions below address what people most commonly want to know. These answers reflect Colorado law and are for general informational purposes only.
Reckless driving is generally charged as a class 2 misdemeanor traffic offense in Colorado, not a felony. However, if reckless driving causes serious bodily injury to another person, the charge may be elevated under Colorado's vehicular assault statute, which can be a class 4 or class 5 felony. If reckless driving results in a death, the charge may rise to vehicular homicide. The base reckless driving offense itself does not carry felony status, but the circumstances surrounding the incident can change that significantly.
Jail time is possible for a reckless driving conviction in Colorado. A first offense may result in up to 90 days in county jail, while a second or subsequent conviction carries a range of 10 days to six months. Whether jail time is imposed depends on the facts of the case, your prior record, and what your attorney is able to negotiate or argue at sentencing. Many first-time defendants avoid incarceration with the right representation, but it is not guaranteed without a strong defense.
A reckless driving conviction results in eight points assessed against your Colorado driver's license by the DMV. This is a significant number. Adult drivers who accumulate 12 points in 12 months or 18 points in 24 months face license suspension. Reckless driving alone puts you more than halfway to the 12-month threshold. If you already have points on your record, a reckless driving conviction may push you into suspension territory or trigger a habitual traffic offender designation.
A single reckless driving conviction does not automatically result in license revocation, but the eight points assessed can contribute to suspension if combined with other violations. More critically, reckless driving is a habitual traffic offender strike. Accumulating three such strikes within a seven-year period may lead the DMV to declare you a habitual traffic offender, which carries a mandatory five-year driver's license revocation and potential jail time of up to 18 months.
The key difference is the mental state required. Reckless driving requires proof of a wanton or willful disregard for the safety of others, which is a higher standard. Careless driving only requires that you drove in a careless and imprudent manner without due regard for safety, which is a lower bar. Reckless driving carries more severe penalties, including the habitual offender strike designation. Careless driving is a class 2 misdemeanor traffic offense in most cases but may be elevated if it caused bodily injury or death. Both charges can be defended, and the specific facts of your case determine which approach makes the most sense.
When you are , time is not on your side. The sooner you have an attorney working on your defense, the more options you have. Shazam Kianpour & Associates, P.C. has earned recognition from the National Trial Lawyers Top 100 and SuperLawyers. Shazam Kianpour has personally tried a wide range of criminal and traffic cases over a 22+ year career in Colorado courtrooms.
We will listen to your situation, investigate the facts, and fight for the best possible outcome. Contact our office today to schedule a free consultation with a reckless driving lawyer in Denver, CO.
