Careless Driving in Colorado

Careless driving is one of the most common traffic offenses in Colorado — but that doesn’t mean it’s minor.

A conviction under C.R.S. § 42-4-1402 can have lasting consequences for your license, insurance, and even your freedom.

Understanding the Charge

Colorado’s careless-driving statute defines the offense 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.”

Unlike reckless driving, it doesn’t require proof of “willful and wanton” disregard — only that the driver failed to use proper care.

The Colorado Court of Appeals has held that careless driving focuses on negligence rather than intent.

In People v. Chapman, 557 P.2d 1211 (Colo. 1976), the court explained that careless driving “requires only proof that a reasonably prudent person would have driven differently under the circumstances.”

That means even a momentary lapse of judgment can trigger criminal liability.

Penalties & License Points

Penalties depend on whether anyone was injured:

• No injury: Class 2 misdemeanor traffic offense — up to 90 days in jail, a $300 fine, and 4 license points.
• With injury or death: Class 1 misdemeanor traffic offense — up to 1 year in jail, a $1,000 fine, and 4 points.

Careless driving that causes serious bodily injury or death is now a Victims’ Rights Act case under C.R.S. § 24-4.1-302, meaning victims are entitled to notice, input, and participation throughout the process — a change that significantly raises the stakes for defendants.

Additional consequences include:

• Insurance: Premium increases or cancellations that can far exceed the court fines.
• Commercial drivers: CDL holders risk disqualification and job loss.

Defense Strategy & Goals

Every careless-driving case is unique.

I analyze the evidence, the officer’s conclusions, and the surrounding conditions to determine whether the facts actually support a criminal charge.

Common defense strategies include:

• Challenging whether the conduct truly met the statutory definition of “careless.”
• Examining whether weather, road hazards, or another driver’s actions caused the incident.
• Presenting mitigation evidence — a clean driving history, proactive defensive-driving steps, or restitution efforts.
• Negotiating to reduce the charge, minimize points, or pursue a non-criminal resolution when possible.
• And if trial is the right move, we’re prepared to challenge the state’s case in court.

Careless vs. Reckless: What’s the Difference?

The difference comes down to intent:

• Careless Driving: Negligent operation — a failure to exercise proper care.
• Reckless Driving: Willful and wanton disregard for safety.

Both can result in license points, fines, and jail, but reckless driving is more serious and counts as a “major offense” toward habitual-traffic-offender status.

👉 Learn more: Colorado Reckless Driving Defense

Insurance & CDL Consequences

A single careless-driving conviction can drive up insurance premiums for years, and for professional or commercial drivers, even one conviction can threaten a livelihood.

Protecting your record early is essential to avoiding long-term fallout.

Get Help Today

Even a “simple” careless-driving citation can threaten your license and your livelihood.

With more than 20 years of courtroom experience, I’ve defended clients across Colorado — from Denver and Arapahoe County to rural jurisdictions — helping them protect their records and move forward.

📞 Call Monte Robbins at 303-355-5148 for a free case review.