If you’ve been cited or charged after a traffic incident, understanding the difference between careless and reckless driving in Colorado is critical. While both are serious traffic offenses, they differ in intent, penalties, and potential long-term consequences—especially when they result in injury or death.
Below, we’ll cover the legal definitions, statutory citations, and key differences between careless and reckless driving, including when these offenses lead to vehicular homicide.
What Is Careless Driving in Colorado?
Under C.R.S. § 42-4-1402, careless driving is defined as:
“Operating a motor vehicle 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.”
This charge does not require intent to harm or endanger others. Instead, it focuses on negligence or failure to exercise reasonable care behind the wheel.
Common Examples of Careless Driving:
- Texting while driving
- Failing to yield the right of way
- Driving too fast for road conditions (even under the speed limit)
- Inattentiveness at stop signs or red lights
- Unsafe lane changes without signaling
What Is Reckless Driving in Colorado?
Under C.R.S. § 42-4-1401, reckless driving is defined as:
“Driving a motor vehicle in such a manner as to indicate either a wanton or willful disregard for the safety of persons or property.”
This charge goes beyond mere negligence. Reckless driving implies the driver knew their actions were dangerous and chose to disregard that risk.
Common Examples of Reckless Driving:
- Racing on public roads
- Aggressive tailgating at high speeds
- Driving under the influence of alcohol or drugs
- Blowing through red lights or stop signs at high speeds
- Evading law enforcement in a vehicle
Key Differences Between Careless Driving vs Reckless Driving
| Factor | Careless Driving | Reckless Driving |
| Statute | C.R.S. § 42-4-1402 | C.R.S. § 42-4-1401 |
| Mental State | Negligence / Lack of due care | Willful or wanton disregard |
| Intent Required? | No | Yes (knowledge of risk) |
| Severity | Misdemeanor traffic offense | Misdemeanor traffic offense |
| Penalties | Fines, points, possible jail | Higher fines, points, greater jail risk |
| License Points | 4 points | 8 points |
Penalties for Careless Driving vs Reckless Driving
Both charges can carry substantial consequences—even for first-time offenders.
Careless Driving (No Injury)
- Misdemeanor traffic offense
- Up to $300 fine
- Up to 90 days in jail
- 4 DMV points
Reckless Driving (No Injury)
- Misdemeanor traffic offense
- Up to $1,000 fine
- Up to 90 days in jail
- 8 DMV points
- Possible license suspension for repeat offenses
Note: For adults 21 and over: If you accumulate 12 or more points on your license in 12 months, or 18 or more in 24 months, your license may be suspended.
Careless Driving Causing Injury or Death
When careless driving results in serious bodily injury or death, the charge becomes far more severe.
Careless Driving Causing Death (C.R.S. § 42-4-1402(2)(b))
- Class 1 misdemeanor traffic offense
- Up to 1 year in jail
- Fines up to $1,000
- Mandatory court appearance
- 12 DMV points (automatic license suspension)
Careless Driving Causing Injury
- Class 1 misdemeanor traffic offense
- Up to 1 year in jail
- Fines up to $1,000
Careless driving causing death may lead to civil liability, and in some cases, prosecutors may elevate the charge if the facts suggest willful behavior.
Vehicular Homicide: When Reckless Driving Causes Death
When reckless driving results in someone’s death, prosecutors may charge the defendant with vehicular homicide under C.R.S. § 18-3-106.
Vehicular Homicide – Reckless Driving
- Class 4 felony
- 2 to 6 years in prison
- Fines up to $500,000
- Mandatory parole for 3 years
- Revocation of driver’s license
Vehicular homicide is one of Colorado’s most serious driving-related offenses. The charge applies even if no drugs or alcohol were involved—reckless behavior alone is enough.
Vehicular Homicide – DUI (Also Under C.R.S. § 18-3-106)
If the driver is found to be under the influence of alcohol or drugs at the time of a fatal accident, vehicular homicide becomes a Class 3 felony, punishable by:
- 4 to 12 years in prison
- Fines up to $750,000
- Mandatory parole for 5 years
What to Do If You’re Charged with Careless or Reckless Driving
The consequences of a conviction—whether misdemeanor or felony—can be long-lasting:
- Criminal record
- Driver’s license suspension
- Increased insurance rates
- Employment or background check issues
- Potential civil lawsuits
If you’re facing any driving-related charge, especially one involving injury or death, you should speak to a defense attorney immediately.
An experienced lawyer can review police reports, challenge subjective evidence, and negotiate for reduced charges or dismissal—especially in cases where the driver’s actions were misunderstood or exaggerated.
McDowell Law Firm: Your Colorado Springs Traffic Defense Lawyers
At McDowell Law Firm, we understand that one moment on the road shouldn’t define your future. Whether you’ve been cited for careless driving, charged with reckless driving, or are facing vehicular homicide, we’re here to protect your rights.
Our experienced attorneys know Colorado law and the local court system in El Paso County. We examine every detail of your case to develop a strong, personalized defense.
Call us today for a free consultation and let’s start building your defense.
FAQ: Careless vs Reckless Driving in Colorado
Ques: What’s the difference between careless and reckless driving in Colorado?
Ans: Careless driving (C.R.S. § 42-4-1402) involves negligent or inattentive driving without due regard for road conditions. Reckless driving (C.R.S. § 42-4-1401) involves a willful or wanton disregard for the safety of others. Reckless driving is more serious and carries harsher penalties.
Ques: Is reckless driving a felony in Colorado?
Ans: No, reckless driving is generally a Class 2 misdemeanor traffic offense. However, if reckless driving causes death, it may be charged as vehicular homicide, which is a felony under C.R.S. § 18-3-106.
Ques: Can careless driving lead to jail time?
Ans: Yes. Even though it’s a misdemeanor traffic offense, careless driving can lead to up to 90 days in jail. If it causes injury or death, the maximum jail time increases to up to 1 year, and the driver may face other serious penalties. Will you serve any time on your careless or reckless driving offense? It depends on many factors: your history, the facts, the injuries, the DA you’re dealing with, etc.
Ques: What is the penalty for reckless driving in Colorado?
Reckless driving is punishable by:
- Up to 90 days in jail
- Fines up to $300 (first offense)
- 8 points on your Colorado driver’s license
Repeat offenses can lead to longer jail time, higher fines, and license suspension.
Ques: What happens if careless driving causes a fatal accident?
The charge becomes careless driving causing death, a Class 1 misdemeanor traffic offense. Penalties may include:
- Up to 1 year in jail
- Fines up to $1,000
- License revocation
- 12 DMV points
You may also face civil liability for wrongful death, separate from the criminal charges. Careless driving resulting in death, although it is a misdemeanor traffic offense, is a very serious charge, with very serious consequences. It can result in jail time or very costly restitution, depending on your insurance coverage.
Ques: What is vehicular homicide in Colorado?
Vehicular homicide (C.R.S. § 18-3-106) is charged when a person kills someone while driving recklessly or under the influence of drugs or alcohol. It is a felony and punishable by:
- 2–6 years in prison (reckless)
- 4–12 years in prison (DUI-related)
- Large fines and mandatory parole
Ques: Can I fight a careless or reckless driving charge?
Yes. An experienced traffic defense attorney can challenge:
- Subjective officer observations
- Faulty witness statements
- Lack of intent
- Road or weather conditions
- Lack of causation in accident-related charges
In some cases, your attorney may be able to get the charge reduced or dismissed entirely. No criminal or traffic charges are settled. Even in traffic matters, you have the benefit of the presumption of innocence in your case. The State must prove you guilty beyond a reasonable doubt that you are guilty of the elements of the offense.
Ques: Will a careless or reckless driving charge stay on my record?
Yes, a conviction will stay on your record. Misdemeanor traffic offenses remain on your driving and criminal record and can impact employment, insurance rates, and future legal matters. The best ways to keep it off your record? Dismissal, obtaining a deferred sentence, or pleading to a lesser charge.
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