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According to Colorado law, reckless driving constitutes a “person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving.”
What distinguishes what may seem like the same matter is what the law calls “culpable mental states.”
Careless driving, under the law, carries the understanding of failing to perceive. The driver could not comprehend the potential, if unjustifiable risk, of what might occur as a result of their action.
Reckless driving shows a conscious disregard for persons and property. A person does understand the possible repercussions and proceeds anyway. An example of “mental state” is a DUI. Getting behind the wheel knowing you are impaired implies reckless behavior.
Reckless driving crosses the fine line of careless driving.
By law enforcement standards, reckless driving entails a wanton and willful disregard for persons or property. And there are serious direct and collateral consequences.
“Collateral consequences” refer to the impact of a conviction outside of the criminal court’s penalties.
For instance, if you have enough points, you could lose the right to use a vehicle. Your insurance rates will go up. Should your work require driving, you’ll need to find another job.
Reckless driving is a Class 3 traffic misdemeanor. A possible penalty can be a sentence of 10 to 90 days in jail and a fine between $150–$300. For a first offense, eights points go against your license. Possibly worse is there was a motor vehicle accident.
The conviction is a “strike,” putting defendants on the road to habitual traffic offenders. Under the law, once convicted of three major traffic offenses (eight points or more) in seven years, your license is automatically suspended for five years.
If you continue to repeat the offense, penalties grow with severity. Prison time can go up to six months. Fines can inflate to $1,000.
Reckless driving isn’t necessarily intentional. It involves understanding the risks of your actions and choosing to disregard the threat and risk. The act also does not have to actually cause harm or damage for law enforcement to charge you.
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