Reckless Driving Lawyer in Colorado

Reckless driving is one of the most serious traffic offenses in Colorado short of DUI. A conviction can put 8 points on your license, land you in jail, and cause massive increases in your insurance premiums.

If you’ve been charged, you need an experienced Colorado reckless driving lawyer who understands how to challenge the evidence and protect your record.

What Is Reckless Driving?

Under C.R.S. § 42-4-1401, reckless driving means operating a motor vehicle “in such a manner as to indicate a wanton or willful disregard for the safety of persons or property.”

Unlike careless driving, reckless requires proof that you consciously ignored a known risk — not that you simply made a mistake.

Prosecutors often file this charge in cases involving high speeds, aggressive lane changes, near collisions, or accidents causing injury or property damage.

Legal Definition and Intent

The law distinguishes between wanton and willful disregard:

• Wanton means choosing a dangerous course of action despite recognizing the risk (see Martin v. People (1972)).
• Willful means intentionally performing an act while knowing that injury or damage is likely (see People v. Yanaga (1981)).

Because this mental-state element must be proven, many reckless driving cases turn on what the driver actually perceived and intended at the time — making cross-examination and accident-reconstruction testimony key parts of the defense.

Penalties for Reckless Driving

Reckless driving carries harsher penalties than careless driving:

• First conviction: Class 2 misdemeanor traffic offense — 10 to 90 days in jail, $150 – $300 fine, and 8 license points.
• Second conviction: 10 days to 6 months in jail and fines up to $1,000.

Additional consequences include:

• Habitual Traffic Offender (HTO): Reckless driving counts as a “major” traffic offense. Three such convictions in seven years can trigger a five-year license revocation.
• Insurance impact: Convictions routinely cause major premium spikes or policy cancellations.

Colorado Case Law on Reckless Driving

Colorado appellate courts have repeatedly emphasized that reckless driving involves a higher degree of culpability than careless driving:

• People v. Chapman (1977) – Reckless driving requires a conscious choice of a dangerous course of action.
• People v. Pena (1997) – “Wanton or willful disregard” equals the reckless mental state used in other criminal statutes.

These rulings show why reckless driving is prosecuted as a criminal offense, not a mere traffic ticket — and why hiring an experienced reckless driving lawyer in Colorado is critical.

How I Defend Reckless Driving Charges

Every reckless driving case is different, and the right approach depends on the facts, the court, and the driver’s record. My focus is always on minimizing the impact — whether that means fighting for a dismissal, reducing the charge, or limiting the long-term consequences.

Common defense strategies include:

• Challenging whether the driving actually met the legal definition of “willful and wanton.” Prosecutors often overcharge; not every driving mistake rises to the level of reckless under Colorado law.
• Presenting mitigating circumstances, such as poor road conditions, sudden emergencies, or other drivers’ actions that contributed to what happened.
• Negotiating strategically when appropriate to seek outcomes that reduce points, lower the severity of the offense, or move the case out of the criminal category if possible — always with an eye toward protecting your record and your license.

And when push comes to shove, if trial is the right move, I’m fully prepared to take the case to court and fight for the best possible result.

Reckless vs. Careless Driving

Reckless driving requires a conscious disregard for safety.

Careless driving involves simple negligence — a lapse of attention or judgment.

Both carry serious penalties, but reckless is far more severe.

Learn more here: Careless Driving Defense in Colorado

Get Help Today

A reckless driving charge is far more than a speeding ticket — it can threaten your license, your job, and your freedom.

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

I personally handle every case — no hand-offs, no “mill” treatment — and I represent drivers in Denver, Jefferson, Arapahoe, Adams, and Weld Counties and throughout Colorado.