Colorado Careless Driving Defense Lawyer

Careless driving is one of Colorado’s most frequently charged traffic offenses, yet it carries consequences that can reach far beyond a simple ticket. A conviction can affect your license, insurance, employment, and even your criminal record.

With over 20 years of courtroom experience, I defend clients in careless driving cases throughout Colorado — from minor citations to enhanced charges involving injury, death, or vulnerable road users.

What Is Careless Driving in Colorado?

Under C.R.S. § 42-4-1402(1), careless driving means 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.”

Colorado courts have clarified that careless driving requires a failure to use proper care, not a deliberate disregard for safety. In People v. Chapman, 192 Colo. 322 (1977), the Supreme Court explained that both reckless and careless driving involve disregard for safety — the difference lies in degree, with reckless requiring a “far more culpable” state of mind.

Penalties for Careless Driving

• Basic offense – Class 2 misdemeanor traffic offense
  • Up to 90 days in jail
  • Fines up to $300
  • 4 license points
• Careless driving causing bodily injury – Class 1 misdemeanor traffic offense
• Careless driving causing serious bodily injury or death – Class 1 misdemeanor traffic offense under § 42-4-1402(2)(c)(I)

Beginning June 2, 2025, cases alleging serious bodily injury or death now qualify as Victims’ Rights Act (VRA) cases under C.R.S. § 24-4.1-302. Victims must be notified of hearings and have the right to be heard — significantly increasing how prosecutors and judges handle these cases.

When Careless Driving Becomes More Serious

The statute enhances penalties when careless driving causes injury, serious bodily injury, or death, and each injured or deceased person constitutes a separate violation . This means a single crash can produce multiple counts.

Learn more about the enhanced offenses:

👉 [Careless Driving Causing Bodily Injury]

👉 [Careless Driving Causing Serious Bodily Injury (SBI)]

👉 [Careless Driving Causing Death]

👉 [Careless Driving Involving a Vulnerable Road User]

Careless vs. Reckless Driving in Colorado

Courts recognize that reckless driving necessarily includes careless driving (People v. Chapman, 1977). In other words, every reckless driver is careless, but not every careless driver is reckless.

• Careless Driving = Negligent operation without due regard to conditions.
• Reckless Driving = Willful and wanton disregard for safety.

👉 Learn more: [Colorado Reckless Driving Defense]

How I Defend Careless Driving Charges

Every careless driving case is unique. My goal is always to minimize long-term consequences while protecting your record and your license.

Strategies include:

• Challenging whether your driving actually met the statutory definition. Police officers often interpret “careless” loosely, but the law requires more than mere error.
• Questioning causation — whether your conduct truly caused the alleged injury or damage.
• Exposing officer subjectivity. “Careless” is often a judgment call that can be challenged through cross-examination and video evidence.
• Negotiating strategically to seek reduced points or alternative resolutions when appropriate — always without implying any guaranteed outcome.
• And when trial is the right move, I’m fully prepared to take the case to verdict.

Why Experience Matters

Careless driving cases vary dramatically by county and by judge. I’ve handled these cases across Colorado — from Denver and Jefferson to Weld and Arapahoe — and I understand how to tailor your defense to local court practices, prosecutors, and personalities.

Whether your goal is dismissal, charge reduction, or minimizing penalties, I’ll handle your case personally — start to finish.

Call for a Free Consultation

If you’ve been charged with careless driving, or a more serious version involving injury, death, or a vulnerable road user, don’t navigate it alone.

📞 Call 303-355-5148 for a free consultation with Monte Robbins.