Misdemeanor Traffic Charges Defined
Seeing flashing lights in your rearview mirror is stressful enough—but when the officer mentions the word “misdemeanor,” confusion and worry may set in. You might immediately wonder, Is speeding a misdemeanor? Or perhaps you are trying to grasp exactly how serious your ticket is. Understanding the potential consequences of misdemeanor traffic charges in Colorado is essential to protecting your driving record, financial stability, and future.
Below, we define misdemeanor traffic offenses, distinguish them from other violations, and outline their penalties.
Traffic Infractions, Misdemeanors, and Felonies—What Is the Difference?
In Colorado, traffic offenses are grouped into civil infractions, criminal traffic misdemeanors, and criminal felony offenses. Each classification carries different consequences and penalties.
Traffic Infractions
Traffic infractions are civil matters—as opposed to criminal—and include violations like minor speeding or failure to use a turn signal. These offenses do not carry jail time and typically result in fines, court costs, and potential points assessed against your driver’s license.
Misdemeanor Traffic Offenses
Traffic misdemeanors are criminal offenses. They are further categorized into class 1 and class 2 misdemeanors, with class 1 being more serious. Penalties may include jail time—up to 10 days for class 2 and up to 12 months for class 1—along with fines ranging from $150 to $1,000. These charges also create a permanent criminal record unless sealed.
Traffic Felonies
Felony traffic offenses involve the most severe conduct that often involves serious injury or death. Examples include vehicular homicide or aggravated vehicular assault. Felonies may lead to extended prison sentences, substantial fines, probation, and lifelong collateral consequences.
Knowing how your charge is classified helps you better understand what is at stake.
Is Speeding a Misdemeanor in Colorado?
Have you ever wondered if that speeding ticket could land you in serious trouble? In Colorado, speeding is usually considered a civil traffic violation, not a misdemeanor. However, there are situations where speeding can be charged as a misdemeanor. These include driving excessively over the speed limit, typically 25 mph or more over, and participating in speed contests or street racing.
What Traffic Violations Are Misdemeanors?
Common misdemeanor traffic charges in Colorado include:
- Reckless driving. Reckless driving involves operating a vehicle with willful disregard for the safety of others. This charge potentially leads to heavy fines, jail time up to 90 days, and 8 points on your driver’s license.
- Careless driving. Operating a vehicle negligently and without adequate caution, especially when that act results in injury or property damage, can be a misdemeanor offense. As with all misdemeanors, it is punishable by jail and fines.
- Driving under restraint. Operating a vehicle while your license is suspended or revoked is a misdemeanor offense with mandatory jail time for repeat offenses.
- Hit-and-run. Leaving the scene of an accident involving property damage or minor injuries is typically charged as a misdemeanor.
These violations significantly impact your criminal record, insurance rates, and driving privileges. Consulting with an experienced traffic attorney can help mitigate these consequences.
Traffic Misdemeanor vs. Criminal Misdemeanor: Is There a Difference?
The distinction between traffic misdemeanors and criminal misdemeanors can be confusing. Legally, traffic misdemeanors fall under the category of criminal misdemeanors, more specifically:
- Traffic misdemeanors are criminal violations that include operating a vehicle unlawfully. Traffic courts usually handle them, and punishments are different from misdemeanors that involve harm to people or property.
- Criminal misdemeanors such as theft, violence, and harassment typically result in less than a year in jail, fines, and more severe consequences than traffic violations.
Both can lead to jail time, probation, fines, and permanent criminal records.
Potential Consequences of Misdemeanor Traffic Convictions
You may face consequences beyond immediate fines and points if convicted of a misdemeanor traffic charge. These penalties include:
- Fines and court costs. These costs and fees may range from hundreds to thousands of dollars.
- Jail time. You could face jail sentences ranging from days to several months for certain misdemeanor traffic offenses.
- Points against your license. Points on your license can accumulate, potentially leading to license suspension.
- Increased insurance premiums. Your auto insurance rates could significantly rise after pleading guilty to traffic offenses.
- Permanent criminal record. Misdemeanor convictions appear on background checks, potentially impacting employment, housing, or education opportunities.
Knowing these consequences makes it clear why proactive legal action matters.
How a Traffic Attorney Can Help
Handling misdemeanor traffic charges on your own may seem appealing. You might rationalize that it will save money, but it could ultimately cost you much more in the long run. Here is how an experienced Colorado traffic attorney can be your advocate:
- Negotiating plea agreements. Lawyers use weaknesses in the State’s case and your good previous record as leverage when negotiating with the prosecutor. We can often get misdemeanor charges reduced to lesser infractions, thereby allowing you to avoid a criminal record.
- Challenging evidence. Attorneys understand how to identify weaknesses or procedural errors in police reports and evidence handling. They can use such errors to your advantage.
- Presenting effective defenses. Lawyers can argue defenses such as emergencies, mistaken facts, or insufficient proof, depending on the circumstances.
- Advocating for alternative sentencing. Sometimes, completing a defensive driving course, probation, or community service can substitute for harsher penalties like jail time.
Engaging professional legal assistance is not merely about immediate results; it is about safeguarding your future opportunities and peace of mind.
Knowledgeable Representation When You Need It Most
At The Law Offices of Susan Deschler, we are dedicated to offering you the focused attention and strong defense you need for your misdemeanor traffic charges. With over 20 years of experience, including roles as Deputy District Attorney and Court Commissioner, Attorney Deschler deeply understands the Colorado legal landscape. Her tailored approach has helped countless clients achieve positive outcomes, from dismissals to reductions, protecting their driving records and future opportunities.
Fight Your Traffic Misdemeanor Today
Protect your license, reputation, and record with compassionate, aggressive representation from Attorney Susan Deschler. You deserve more than just a ticket defense. You deserve someone dedicated to minimizing the lasting impact of these charges. Take control of your situation by scheduling your confidential consultation with us today.
FAQs
Can I Get My Misdemeanor Traffic Charges Expunged in Colorado?
Most traffic misdemeanor convictions remain permanently on your criminal record. However, sealing may be possible in limited circumstances, depending on specific details of your case.
Will a Misdemeanor Traffic Conviction Affect My Job Search?
Yes. Since misdemeanor convictions, including traffic offenses, typically appear on employment background checks, they may negatively impact job applications, especially if driving is required as part of your job duties.
Resources:
- Model Traffic Code for Colorado. Colorado Department of Transportation, link.
Colorado Motor Vehicle Handbook. Colorado Legislature, link.
