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CARELESS
DRIVING - STATE COURT CRS 42-4-1402. Careless driving -
penalty.
State
Statutes - CRS DEFINITIONS - COLORADO STATE COURTS
State Court Proceedings - Offenses - refer to link for additional information regarding traffic offense proceedings.
CARELESS DRIVING - CITY COURT Colorado Springs - Municipal Court 10.6.102: Careless Driving.
Colorado
Springs City Ordinances DEFINITIONS - COLORADO SPRINGS MUNICIPAL COURT
Municipal Court Proceedings - Offenses - refer to link for additional information regarding traffic offense proceedings.
State court only - this crime exceeds the jurisdiction of municipal court. CRS 42-4-1402. Careless driving -
penalty.
State
Statutes - CRS Definition proximate cause: CRS does not contain a definition. Proximate cause means an act or failure to act which in natural and probable sequence produced the claimed injury. It is a cause without which the claimed injury would not have occurred. COLJI (Civil) 9:26 Essentially, proximate cause (legal cause) is a "but for" test. But for this, that result or injury would not have occurred, and there was neither independent intervening cause (something else which caused the result or injury) or joint and concurring negligence on the party of the victim which contributed to the injury. Definition bodily injury: Physical pain, illness, or any impairment of physical or mental condition. There is no degree of pain required as a threshold CRS 18-1-901(3)(C) DEFINITIONS - COLORADO STATE COURTS
State Court Proceedings - Offenses - refer to link for additional information regarding traffic offense proceedings.
IMPORTANT: Reckless
driving is a major offense for purposes of the habitual traffic offender
statute. RECKLESS
DRIVING - STATE COURT CRS 42-4-1401. Reckless driving -
penalty.
State
Statutes - CRS DEFINITIONS - COLORADO STATE COURTS
State Court Proceedings - Offenses - refer to link for additional information regarding traffic offense proceedings. When the alleged speed is excessive, reckless driving is now being charged in conjunction with speeding tickets.
IMPORTANT: Reckless
driving is a major offense for purposes of the habitual traffic offender
statute. RECKLESS DRIVING - CITY COURT Colorado Springs - Municipal Court 10.6.101: Reckless Driving.
Colorado
Springs City Ordinances DEFINITIONS - COLORADO SPRINGS MUNICIPAL COURT
Municipal Court Proceedings - Offenses - refer to link for additional information regarding traffic offense proceedings. NOTE: The previous version of the Colorado Springs Ordinance (22-6-101) contained a provision that speeding 55 mph or more in zone of 35 mph or less was prima facie evidence of reckless driving. In cases of such speed, CSPD Officers who have been around awhile may be more likely to charge reckless driving and will more likely set the case into Municipal Court - the old ordinance created a permissive presumption for conviction. The presumption is now gone, but memory persists.
Reckless Driving. One may be said to be guilty of wanton behavior when, although the defendant may not have deliberately intended to injure anyone, he consciously chooses a dangerous course of action which to a reasonable mind creates a strong probability that injury to others will result. Martin v. People, 179 Colo. 237, 499 P.2d 606 (1972). One who commits reckless driving necessarily has been guilty of careless driving, for the greater degree of negligence includes the lesser. People v. Chapman, 192 Colo. 322, 557 P.2d 1211 (1977). This means careless driving is a "lesser included offense" of reckless driving, and if charged with reckless, a defendant may request a jury instruction on careless. Reckless driving is a "lesser included offense of vehicular eluding. People v. Pena, 962 P.2d 285 (Colo. App. 1997). Both reckless and careless driving offenses consist of two elements: (1) the act of driving a motor vehicle, and (2) the state of mind in "disregard" of or "without due regard" for safety. People v. Chapman, 192 Colo. 322, 557 P.2d 1211 (1977). The two offenses differ only in that the degree of negligence required is far more culpable in reckless driving than in careless driving, although it falls short of intentional wrongdoing. id.
Under Colorado law, if the insurance information of a driver was not included in a law enforcement traffic accident report, a State of Colorado Accident Report must be submitted to the DMV within 10 days of an accident. CRS 42-4-1609 Also by statute, statements by a driver in the accident report may not be used in conjunction with any court proceedings, criminal or civil, except that the DMV may disclose the identity of a person involved in an accident when such identity is not otherwise known or when such person denies his or her presence at such accident. CRS 42-4-1610, CRS 42-7-504. The primary purpose of filing the accident report is to comply with state law, and to provide evidence of insurance on the vehicle - thereby avoiding an FRA suspension.- refer to link for information. If any of the below charges are alleged, a driver should consult with his or her defense attorney regarding exercise of constitutional privileges before making any oral or written statement. Adobe Acrobat Reader
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CSPD
Accident Cold Report
Careless driving offense is usually charged when a motor vehicle accident has occurred. Negligence is a factual determination based upon the circumstances of the case. Unless the defendant can challenge reasonable suspicion for the initial contact, frequently the case turns upon factual argument. Prosecutors usually offer reasonable plea bargains regarding careless driving and the case need not go to trial. Reckless driving is usually charged in cases of excessive speed, especially when combined with weaving in and out of traffic. It's frequently charged in connection with a DUI case or a younger driver feeling his oats, and it's not uncommon a motorcycle was being driven. Reckless driving is more likely to be charged today than years past due to the proliferation of cell phones and road rage - a driver got somebody royally pissed off and the other driver called you in. As with careless driving, this is a factual circumstance argument the prosecutor won't deal the case and the defendant can not challenge reasonable suspicion for the initial contact.
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