Colorado Careless Driving Lawyer

You have driven Colorado’s roads countless times without incident. But suddenly, a quick distraction or an accidental lane drift has you facing a careless driving charge. You are likely overwhelmed with concerns about the potential consequences, including hefty fines, points added to your driving record, increased insurance costs, and the possibility of jail time. You may be asking yourself, Do I really need a lawyer? With the help of an experienced defense lawyer, you can contest your charges, protect your driving privileges, and regain peace of mind.

Understanding Colorado Careless Driving Laws

Colorado defines careless driving as operating a vehicle without adequate attention or caution, potentially putting others or their property at risk. Anything from switching lanes without realizing it to zoning out for a second can get you pulled over and charged with careless driving.

Penalties for Careless Driving

Careless driving is usually a class 2 traffic misdemeanor. The consequences depend on whether injuries or property damage occurred, as follows:

• Careless driving without injury or damage—fines ranging from $150 to $300, 4 points on your driver’s license, and possible community service;
• Careless driving with bodily injury or property damage—fines ranging from $300 to $1,000, a jail sentence of 10 to 90 days, 4 points added to your driver’s license, and mandatory community service.

In addition to legal penalties, careless driving convictions cause significant insurance premium increases, potentially affecting you financially for years to come.

Careless Driving vs. Reckless Driving

While they are often mixed up, careless driving and reckless driving are different under Colorado law. The difference lies in the presence or absence of intent, as follows:

• Careless driving—negligence or lack of proper attention that does not include a deliberate intent to harm;
• Reckless driving—deliberate and intentional disregard for the safety of others.

Reckless driving carries harsher penalties, including higher fines, longer jail sentences, and an eight-point penalty on your license. As the case progresses, prosecutors often consider raising careless driving charges to reckless driving. Experienced Colorado careless driving lawyers can work to persuade the prosecutor that the harsher charges do not fit the facts of the case.

What to Expect

Understanding Colorado’s careless driving court process helps you prepare confidently. Here is the streamlined legal journey if you choose to contest your charges:

• Arraignment. The judge will formally read the charges, and you will plead guilty, not guilty, or no contest. The case will be set for a pretrial hearing.
• Pretrial. During this phase, the lawyers engage in discovery and negotiate for a dismissal of charges, a reduction of charges, or an advantageous plea bargain. Your lawyer can also file motions to suppress any evidence that police obtained illegally.
• Contested trial. If no agreement is reached, the case will go to trial. Your advocate will conduct the trial and advocate for a not-guilty verdict.
• Sentencing phase. A guilty verdict triggers sentencing. Here, your lawyer advocates for leniency or alternative penalties.

Having a dedicated advocate at each stage significantly improves your ability to manage the process smoothly, get a good outcome, and get back on the road.

Why You Need a Colorado Careless Driving Attorney

Although it may seem easier or more affordable to address careless driving charges without a lawyer, working with an experienced legal professional can significantly improve your chances of achieving a favorable outcome. A skilled attorney can help by:

• Reducing penalties and fines. An attorney can effectively negotiate lower fines or alternative penalties such as traffic school.
• Protecting your driving record. A lawyer will do everything they can to avoid conviction and protect your driving record. A clean record can mean lower insurance rates and the preservation of your driving privileges.
• Negotiating to avoid jail or serious charges. Negotiating reduced or amended charges to prevent harsher outcomes.
• Presenting strategic defenses in court. Your lawyer can present strategic defenses in court hearings by challenging police reports, evidence handling, witness credibility, and more. Such challenges can critically weaken the prosecution’s case.

Investing in an attorney can protect your driving record, insurance premiums, and overall peace of mind.

Effective Defense Strategies for Careless Driving Charges

Since every careless driving case is different, you will need a defense strategy that fits the details of your situation. Some common defenses include:

• Demonstrating reasonable care. Your attorney may argue you acted as a reasonable driver would have acted under similar conditions, countering claims of negligence or inattentiveness.
• Challenging officer observations. Officers are people, and people make mistakes. Your lawyer can highlight discrepancies or inaccuracies in the police report or officer testimony.
• Identifying witness inconsistencies. Your Colorado careless driving lawyer can reveal conflicting accounts or question witness credibility, creating reasonable doubt.
• Highlighting unavoidable circumstances. Poor weather, sudden emergencies, or hazardous road conditions can be legitimate explanations for your seemingly careless actions. If such arguments are persuasive, the prosecutor could reduce or dismiss the charges.

Skilled attorneys create strong defenses specific to your case to protect your driving privileges and help you avoid fines that can increase over time.

Why Choose The Law Offices of Susan Deschler?

If you are facing careless driving charges, you need an attorney who has a deep understanding of Colorado traffic laws. Attorney Susan Deschler offers precisely that:

• Unmatched experience in Colorado courts. Over two decades of legal practice, including valuable time as a Deputy District Attorney and Court Commissioner, equips Susan with unparalleled insight into how prosecutors operate and courts function.
• Personalized and direct representation. We do not pass cases to junior associates. You will communicate directly with Susan, getting unparalleled clarity and transparency throughout your legal journey.
• Proven results. Attorney Deschler has a proven track record of securing favorable outcomes for her clients by reducing penalties and financial burdens while protecting their driving privileges.
• Strong courtroom advocacy. If your case goes to trial, Susan works to effectively challenge the prosecution and fiercely defend your rights.

With us, you can face your case confidently, prevent long-term insurance hikes, and safeguard your driving privileges. Attorney Deschler strives to provide a thoughtful, vigorous defense uniquely tailored to your needs. She represents clients in county courts across Colorado, including Clear Creek, Jefferson, and Denver.

One mistake shouldn’t cost you your future. Let’s fight your careless driving charge — call today for a case review.

Take Back Control After a Careless Driving Charge

Do not let a careless driving charge ruin your future or drain your bank account. You deserve peace of mind and a clean driving record. You deserve the compassionate, knowledgeable, and determined skill of Attorney Susan Deschler. Contact The Law Offices of Susan Deschler today to secure your strongest possible defense.

Frequently Asked Questions 

What Is the Difference Between Careless Driving and a Simple Traffic Infraction In Colorado?

Careless driving is a misdemeanor traffic offense, carrying higher penalties than basic non-criminal infractions like minor speeding or parking violations.

Can a Careless Driving Charge Be Reduced to a Lesser Offense?

With effective legal representation, it is often possible to negotiate a reduction to a lesser traffic infraction, such as a failure to signal or improper lane change. The lesser charges carry fewer points and lower fines.

Will a Careless Driving Conviction Show Up on a Background Check?

Careless driving is a traffic offense that can appear on criminal background checks. Its presence can impact job applications, especially if you are applying for a job that includes driving or operating machinery.