Denver Careless Driving Lawyer
If you’ve been charged with careless driving, having an experienced Denver careless driving lawyer is essential to understanding your rights and defending against potentially severe penalties. In Colorado and many other states, careless driving is a serious offense that can lead to fines, points on your driving record, and even jail time. Whether you’re facing a misdemeanor charge or more serious consequences, an attorney at DeChant Law can help ensure the best possible outcome.
What is Careless Driving?
Careless driving is defined as driving 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. Careless driving can include:
- Failing to signal when changing lanes
- Tailgating
- Distracted driving, such as texting while driving
- Running red lights or stop signs
- Driving too fast for conditions (such as in poor weather)
Unlike reckless driving, which involves a conscious disregard for risks, careless driving involves negligence or a lack of attention to the dangers of driving. This makes careless driving less severe than reckless driving. Careless driving charges typically occur when a driver does not know the risks of their conduct, while reckless driving occurs when a driver knows the risks but proceeds anyway.
Differences Between Careless Driving and Reckless Driving
The key difference between careless driving and reckless driving lies in the level of awareness. Careless driving is considered negligent—the driver did not pay enough attention or failed to follow basic driving safety rules. In contrast, reckless driving involves conscious disregard for the risks of their actions, meaning the driver was fully aware of the potential danger but chose to act recklessly.
- Careless driving = Negligence (failure to notice or consider risks)
- Reckless driving = Conscious disregard for known risks
This distinction is significant because all reckless drivers are also careless, but careless drivers do not always have the awareness or intent to be considered reckless.
Possible Penalties for Careless Driving
In Colorado, the penalties for careless driving depend on whether anyone was injured as a result of the driver’s actions.
1. Careless Driving (No Injury)
When no one is injured, careless driving is considered a Class 2 misdemeanor traffic offense. C.R.S. 42-4-1402(1), (2)(a), A conviction carries:
- Fines between $150 and $300
- Jail time up to 90 days
- 4 points on your driver’s license
2. Careless Driving with Bodily Injury
If the incident results in injury to another person, the charge is elevated to a Class 1 misdemeanor traffic offense. You are also at the mercy of the district attorney up-filing the charge to vehicular assault if serious bodily injury occurred. C.R.S. 42-4-1402(1), (2)(b). Convictions for these charges may result in:
- Fines between $300 and $1,000
- Jail time up to 1 year
- 4 points on your driver’s license
3. Careless Driving Resulting in Death
If careless driving results in the death of another person, the charge remains a Class 1 misdemeanor, but can carry severe penalties due to the loss of life. You also are at the mercy of the district attorney of being up-filed to vehicular homicide, a serious felony. C.R.S. 42-4-1402(1), (2)(c). A conviction may result in:
- Fines between $300 and $1,000
- Jail time up to 1 year
- 12 points against your driver’s license
Careless Driving and Vehicular Assault
The legal distinction between careless driving and vehicular assault can be critical. If a driver’s careless driving leads to serious bodily injury, the case may be charged as vehicular assault if the driver was acting recklessly.
- Careless Driving = Negligence (causing injury without awareness or intent)
- Vehicular Assault = Reckless Driving (conscious disregard for safety leading to injury)
This distinction is very important because vehicular assault is a felony, whereas careless driving is a traffic misdemeanor. The legal consequences and penalties are significantly different. It’s crucial to work with a skilled careless driving attorney to understand the nuances of your case and the best defense strategies.
Civil Liability and Restitution
In addition to criminal charges, careless driving cases can often involve civil liability. If the incident caused damage or injury, the other party may seek restitution or damages through the criminal case. A careless driving attorney can help you navigate both the criminal and financial aspects of your case, ensuring that you receive fair treatment and minimize your exposure to financial costs.
DeChant Law has successfully litigated many restitution cases, helping clients avoid unnecessary financial burdens or reduced liability in civil court. Having a dedicated attorney who understands both criminal and restitution law can make a significant difference in the outcome of your case.
Why Hire a Careless Driving Attorney?
Facing a careless driving charge can be daunting, but a qualified careless driving attorney will work hard to protect your rights and minimize penalties. Here’s why hiring an attorney is essential:
- Expert legal advice: Understand the potential consequences and explore defense options.
- Effective defense: A skilled attorney can represent you in court and negotiate a reduction of charges or penalties.
- Minimize impact: Reduce the chances of a conviction impacting your driving record, insurance rates, or professional life.
Contact a Denver Careless Driving Attorney Today
If you’ve been charged with careless driving, contact an experienced careless driving attorney immediately. An attorney at DeChant Law will thoroughly evaluate the circumstances surrounding your case, help you understand your options, and work diligently to secure the best outcome for you.
Schedule a consultation today with a careless driving attorney at DeChant Law to discuss your case and begin building a defense strategy tailored to your situation by calling 303-409-7500.
