✅ Denver Failure to Report an Accident

C.R.S. 42-4-1606 – Class 2 Misdemeanor Traffic Offense

If you’ve been accused of failure to report an accident in Denver, it’s more serious than most people realize.

Colorado law requires drivers to report certain accidents to law enforcement.

Failing to do so is a criminal offense, not just a traffic ticket.

Even a “minor” crash can turn into a criminal case if you leave without reporting it properly — and drivers are often charged even when someone else already called 911.


📜 The Law – C.R.S. 42-4-1606

“Duty to Report Accidents”

After any accident involving:

  • Bodily injury
  • Serious bodily injury
  • Death
  • Or any property damage

the driver must:

  1. First perform the duties under the applicable hit-and-run statute:
    • 42-4-1601 (injury/SBI/death)
    • 42-4-1602 (attended vehicle damage)
    • 42-4-1604 (unattended vehicle damage)
    • 42-4-1605 (fixtures / signs / guardrails)
  2. Report the accident to the nearest law enforcement authority immediately

✅ The duty to report applies regardless of what the other parties do.

It does not disappear because someone else called 911 or police are on the way.

Failure to report = Class 2 misdemeanor traffic offense.


✅ Clarifying How These Statutes Work Together

SituationAppliesRequired Duties
Injury / SBI / death / attended vehicle42-4-1603 + 1606Give info & render aid + report
Unattended vehicle (parked, no one present)42-4-1604 + 1606Leave info + report
Fixtures / signs / guardrails / city property42-4-1605 + 1606Notify authority + report

C.R.S. 42-4-1603 is not a standalone criminal charge.

It describes duties — the penalty comes from 1602, 1604, 1605, or 1606.


⚠️ Penalties for Failure to Report an Accident

Class 2 misdemeanor traffic offense

  • Jail: up to 90 days
  • Fines: $150–$300
  • DMV license points: 12 points (often enough for suspension)
  • Restitution: you may be ordered to pay for damages not covered by insurance

12 points in 12 months = automatic suspension for adult drivers.


🔍 What the Prosecutor Must Prove

To convict under 42-4-1606, the state must prove beyond a reasonable doubt that:

  1. You were the driver
  2. You were involved in an accident requiring reporting
  3. You did not report the accident as required by law

Even if you called insurance — that is not reporting under the statute.


🛡️ Defense Strategies

A strong defense often involves showing compliance or documenting confusion over jurisdiction.

Common approaches:

Defense TheoryExample
Proof of reportingYou called police, dispatcher, or State Patrol — but the agency failed to log it.
Wrong jurisdictionYou called the proper number, but the call got routed incorrectly.
MisidentificationState can’t prove you were the driver.
Constitutional issuesIllegal questioning or search.

We frequently obtain:

  • CAD / dispatch logs
  • 911 audio
  • Phone records
  • Insurance documentation

…to build a timeline and prove you met your duty under the law.


⭐ Why Experience Matters

Failure-to-report charges are often emotionally charged — police and prosecutors may assume bad faith or moral wrongdoing.

You need a defense that:

  • Separates legal duty from moral judgment
  • Frames reporting issues as misunderstandings, not crimes
  • Stops the case from snowballing into multiple hit-and-run counts

With over 20 years of experience defending hit-and-run and traffic-related cases across Denver, I personally handle your case from start to finish.

You don’t get passed off to a case manager.


📞 Call Me Before You Speak to Anyone

If you’ve been accused of failure to report an accident in Denver:

➡️ Do not contact the other driver.

➡️ Do not speak to police without counsel.

Call Denver Hit and Run Defense Attorney Monte Robbins now:

303-355-5148

Free consultation. Confidential.

You speak directly with me — not a call screener or junior associate.


🔗 Related hit-and-run pages

➡️ Denver Hit and Run — Attended Vehicle (42-4-1602)

➡️ Denver Hit and Run — Serious Bodily Injury (Felony)

➡️ Denver Hit and Run — Death (Felony)

















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