Reckless driving in Colorado

What the charge means

Under C.R.S. 42-4-1401, prosecutors must prove you drove a motor vehicle, bicycle, electrical assisted bicycle, electric scooter, or low power scooter in a manner showing wanton or willful disregard for the safety of persons or property. Wanton disregard means you were aware of a real risk to others and chose to ignore it. That mental state is what separates reckless driving from ordinary bad driving.

Colorado has a lesser companion charge, careless driving under C.R.S. 42-4-1402, which only requires driving without due regard for the circumstances. Careless is about inattention. Reckless is about conscious risk taking, and prosecutors sometimes charge reckless in cases that better fit careless.

Common scenarios include very high speeds, weaving through traffic, street racing displays, sharp aggressive maneuvers near other cars or pedestrians, and cases reduced by agreement from more serious charges. No crash or injury is required. The manner of driving alone supports the charge.

Classification and sentencing

Reckless driving is a class 2 misdemeanor traffic offense. Traffic misdemeanors keep their own penalty scheme under Title 42, separate from the ordinary misdemeanor ranges in C.R.S. 18-1.3-501.

• First conviction. If the court imposes jail, the range is 10 to 90 days. The fine range is $150 to $300. The court can impose either or both.
• Second or later conviction. If jail is imposed, the range is 10 days to 6 months, with a fine of $50 to $1,000, or both.
• License points. A conviction adds 8 points to your driving record, one of the highest point values in the traffic code.

Jail is authorized but not required. Many reckless driving cases resolve with a fine, probation, useful public service, or a driving class instead, and the jail range describes only what applies if the court orders it. Because 12 points in 12 months suspends an adult license, and young drivers face much lower thresholds, the 8 points are often the most damaging part of the sentence.

What else it touches

Even as a misdemeanor traffic offense, a reckless driving conviction has real ripple effects.

• Driver's license. The 8 points can trigger a suspension on their own for younger drivers and push adult drivers close to the limit. Repeat serious traffic convictions can also build toward habitual traffic offender status.
• Insurance and work. Insurers treat reckless driving as a major violation, and drivers who hold a CDL or drive for a living face job consequences.
• Record sealing. Colorado generally does not allow sealing of traffic misdemeanor convictions, so the conviction stays visible. Dismissed charges can generally be sealed.
• Firearms. A misdemeanor traffic conviction does not affect gun rights.

We defend reckless driving cases across Colorado, and a consultation about the specific facts is the right place to get real answers.