Denver Failure to Report an Accident (C.R.S. 42-4-1606)

A Denver failure to report an accident charge can arise even if you stopped and exchanged information.

Under C.R.S. § 42-4-1606, every driver involved in an accident has a legal duty to promptly notify law enforcement.

Failing to do so is a separate criminal offense that can lead to points on your license, fines, and even jail time — especially if someone was injured or killed.

The Law – Duty to Report Accidents (C.R.S. § 42-4-1606)

Colorado law requires a driver involved in an accident to:

• Immediately report the location and details of the crash to the nearest law-enforcement agency (local police, sheriff, or State Patrol).
• Return to and remain at the scene if an officer directs you to do so.

This obligation applies after completing the duties under

C.R.S. § 42-4-1602 (duty to stop) and § 42-4-1603(1) (duty to provide information and render aid).

Importantly, prosecutors can file this charge even when the driver stops at the scene. It is often used to increase the overall exposure in a hit-and-run case.

Penalties for Failure to Report an Accident in Denver

The seriousness of a failure-to-report charge depends on the type of accident:

• Property Damage Only: Class 2 misdemeanor traffic offense — up to 90 days in jail, fines of $150 – $300, and 12 license points (often enough for suspension).
• Bodily Injury: Often filed alongside hit-and-run – bodily injury; a Class 1 misdemeanor traffic offense carrying 10 days – 1 year in jail and fines up to $1,000.
• Serious Bodily Injury (SBI): Combined with hit-and-run – serious bodily injury under § 42-4-1601(2)(b); a Class 4 Felony (F4) punishable by 2 – 6 years in prison (up to 12 years if aggravated) and fines up to $500,000.
• Death: When the crash results in death, hit-and-run – death under § 42-4-1601(2)(c) becomes a Class 3 Felony (F3) with 4 – 12 years in prison and fines up to $750,000.

Even at the misdemeanor level, the consequences can extend beyond the courtroom — including license suspension, insurance hikes, restitution orders, and a permanent criminal record.

Defending a Denver Failure to Report an Accident Charge

An effective defense depends on the evidence and circumstances. Common strategies include:

• Proof of Reporting: You may have properly reported the accident, but the agency failed to record it.
• Agency Error: The report could have been filed under the wrong jurisdiction or not entered correctly.
• Misidentification: The prosecution must prove you were the driver involved.
• Constitutional Violations: Evidence collected through illegal stops or questioning can be challenged.

Every case is unique, but building a strong defense often requires reviewing dispatch logs, phone records, and insurance communications to establish a clear timeline.

Why Legal Representation Matters

Prosecutors often add a failure-to-report charge to enhance existing hit-and-run cases.

Without an experienced defense lawyer, one traffic incident can snowball into multiple criminal counts.

However, with strategic defense and prompt action, you can reduce your exposure and protect your driving privileges.

With over 20 years of experience defending Denver hit-and-run and traffic-related cases, I personally handle every stage of your case — from investigation to court — to protect your rights, your license, and your future.

Call Me Today

If you’re facing a failure to report an accident charge in Denver under C.R.S. § 42-4-1606, don’t face it alone.

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

You’ll speak directly with me — not an assistant or junior associate.