Reckless driving, careless driving, careless driving resulting in injury, careless driving resulting in death - Colorado Springs criminal defense lawyer Robert D. Gustafson traffic defense trial practice 30+ years in Colorado state & municipal courts

        NOTICE: It is the policy of the presiding judge in Palmer Lake Municipal Court not to accept negotiated plea settlements.  If charges are filed in this court, counsel must prepare for trial; trial fees and costs would be quoted.

        Municipal courts do not have the availability of e-Filing as do state district courts, however some of the local area smaller municipal courts have now come into the 21st century by accepting pleadings and filings via email and payment of fines and costs via bank on-line bill pay.  Depending upon court policy regarding entry of plea via email and e-payment subsequent to negotiation without the necessity of physical appearance, travel time & mileage may possibly be avoided.  Not all courts permit this.

Yes.  The statutes have withstood constitutional challenge.     

What about the fact I was driving on private property, not a public roadway?  doesn't matter - not a defense

        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.

        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.