According to CRS 42-4-1402, careless driving refers to the operation of a vehicle, low-powered scooter, or electrical assisted bicycle without proper regard for the width, curves, grade, traffic, corners, or use of the highways and streets.
Careless driving is a class 2 misdemeanor offense when there’s no bodily harm or death to another person.
Careless driving often refers to a lack of attention and negligence, but reckless driving is the conscious disregard for any dangers associated with driving. In other words, reckless driving is more intentional than careless driving. Careless drivers ought to have known the risks associated with their conduct, bud didn’t. On the other hand, reckless drivers do know the risks, but take them, nonetheless.
Individuals accused of careless driving may explore certain legal defenses. Each case has specific facts to establish the most effective defenses. When faced with careless driving charges the most common defenses include:
Only a competent careless driving defense lawyer can assess the circumstances of your case accurately and provide a relevant defense to help you avoid penalties. Let the Law Office of Steven J. Pisani help you today.
A careless driving charge without death or bodily injury of someone else is moderately serious. Not only is it a Class 2 misdemeanor under traffic offenses, but a conviction can lead to a $150 to $300 in fines, court costs, and surcharges.
A conviction can also result in a possible jail sentence lasting 10 to 90 days, probation for at least one year, community service, restitution, and the addition of 4 points to your driving license. Sometimes, the violation can affect your car insurance premium rates for years ahead.
A careless driving charge in which the driver’s actions lead to the death or bodily injury of another individual is usually serious. It falls under class 1 traffic offense misdemeanors and the conviction can cause a scheduled fine of between $300 and $1,000 in addition to court-related costs and surcharges.
The other possible consequences may include a jail sentence of between 10 days and one year, community service, probation for at least a year, restitution, and other requirements as directed by the court.
In addition, 4 points may be added to the defendant’s driver’s license for injuring someone else and 12 points for causing death. Sometimes, the violation may impact your car insurance coverage or even premium rates for years.
While penalties are typically more severe, an individual prosecuted for driving carelessly has greater rights in the court of law. Among them is the right to a jury trial where the prosecutor is forced to prove the defendant’s guilt beyond any reasonable doubt, of being a careless driver.
If you are facing a careless driving charge, it’s vital to seek help from a qualified Careless Driving Lawyer. Several options may be available for you to resolve the situation. That’s why you need an experienced attorney to explore those options and defend you aggressively.
Careless driving citations might resemble the normal traffic tickets, but the truth is they have severe consequences. The police can give the charges after an accident or the charges can be based on observed driving.
Don’t wait for the consequences mentioned above to hit you or worse, be labeled a habitual traffic offender. Traffic Lawyer Steven J. Pisani is prepared to help you. Call (303) 635-6768, now.