Colorado Careless Driving Lawyer

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Experienced Colorado Springs Traffic Lawyer: Defending Your Rights on the Road

In Colorado Springs, individuals frequently commute for their professional obligations, academic pursuits, and personal affairs. It isn’t uncommon for otherwise law-abiding citizens to receive a traffic ticket.

 

You may find yourself facing a speeding ticket, careless or reckless driving charges, or even more serious offenses when headed to work or to the store. Traffic charges like these have far-reaching consequences, potentially disrupting various aspects of your life.

Traffic fines and penalties in Colorado can be substantial, leading to unexpected financial burdens.

 

The McDowell Law Firm, a leading reckless driving law firm in Colorado Springs, is here to save you from the unwanted consequences. Our client-focused approach sets us apart, as we prioritize open communication and transparency throughout the legal process. 

 

We strive to empower you with the knowledge and resources needed to make informed decisions about your case. Accumulating points on your driving record due to traffic violations can lead to license suspension or revocation. A suspended license will hinder your ability to commute to work, school, or other essential activities. We take care of all the complicated scenarios and enable you to fight the charges in a court of law.

 

At the McDowell Law Firm, we understand that each traffic case is unique, and we approach every situation with a tailored strategy to achieve the best possible outcome for our clients. Our efficient team boasts extensive experience in handling a wide range of traffic-related issues, from minor infractions to more complex cases. We pride ourselves on staying abreast of the latest changes in Colorado traffic laws to provide you with the most up-to-date and effective legal counsel.

 

Don’t let a traffic violation derail your life. Turn to the McDowell Law Firm for experienced and reliable representation in Colorado Springs. Contact us today to schedule a consultation, and let us defend your rights on the road.

Careless Driving: Understanding the Charges and Consequences

f law enforcement deems your driving as careless (failing to account for road conditions, width, curves, traffic, and weather), you may face charges under C.R.S 42-4-1402 for careless driving.

 

Careless driving encompasses a range of behaviors, that can become a basis for even more serious traffic offenses. This can include involvement in single or multi-car accidents, speeding or engaging in speed contests, driving while distracted, tailgating, operating a poorly maintained or dangerously loaded vehicle, driving while fatigued, and exceeding speed limits.

 

In Colorado, law enforcement takes careless driving quite seriously. They assign a 4-point penalty to your driver’s license for each ticket, even if no accident occurs. The severity of penalties post-conviction depends can depend on several factors, including driver history, and whether the offense resulted in an accident causing serious injuries or death to another.

Careless Driving Without Serious Bodily Injury Or Death

In Colorado, even when you are charged with careless driving without serious bodily injury or death, it’s still a serious matter. If no one gets hurt, careless driving is a Class 2 traffic misdemeanor, which can carry between $150 and $300 in fines and between 10 and 90 days in jail. 

 

Colorado law takes these charges seriously, and consequences can include fines, 4 points on your driving record, and increased insurance premiums. At the McDowell Law Firm, we understand the intricacies of these cases and strive to provide unwavering support for our clients.

 

Our experienced Careless Driving attorneys will meticulously review the details of your case to build a strong defense strategy. We aim to minimize the impact on your driving record and protect your rights.

Careless Driving Causing Serious Bodily Injury Or Death

In cases where careless driving leads to injuries or fatalities, the penalties escalate significantly. This offense is classified as a Class 1 traffic misdemeanor, imposing fines ranging from $300 to $1000, coupled with potential incarceration spanning from 10 days to 1 year. 

 

Beyond the monetary and imprisonment aspects, additional penalties may include accumulating points on your driving record, community service, traffic classes, and the obligation to make restitution payments to the affected parties.

 

In the case of careless driving causing death, you are facing a 12 point violation that will automatically result in a driver’s license suspension.

 

In the aftermath of a car accident, the severity of a careless driving charge can escalate based on the results of an investigation, your driving actions and the results of the carelessness. You need to understand these legal implications to navigate the roads responsibly and be aware of the potential consequences of an accident. 

 

Let the McDowell Law Firm advocate for you to achieve the best possible outcome in your case.

Hit and: Leaving the Scene of an Accident:

There are strict penalties for drivers in Colorado involved in a hit-and-run case. Such accidents are unfortunately common in Colorado. If you are charged with leaving the scene of an accident, you should talk to a traffic defence lawyer as soon as possible.

 

Under Colorado Law, leaving the scene and/or failing to report an accident leads to four potential criminal charges:

1. Hit And Run Causing Property Damage:

In the state of Colorado, committing a hit-and-run involving only property damage can still have a major impact on your life. It is classified as a class 2 misdemeanor traffic offense. The consequences include a potential jail term ranging from 10 to 90 days or a fine ranging between $150 and $300. 

 

Our experienced careless driving lawyers at McDowell Law Firm understand the gravity of such charges. We are fully equipped to provide comprehensive legal assistance to those facing accusations of hit and run causing property damage.

2. Hit And Run Causing Non-Serious Bodily Injury:

Engaging in a hit-and-run incident resulting in non-serious bodily injury in Colorado is classified as a class 1 traffic misdemeanor. You may face imprisonment for a period ranging from 10 days to 1 year, coupled with a monetary fine ranging from $300 to $1,000. 

 

The McDowell Law Firm is dedicated to offering expert legal counsel to individuals confronted with charges related to hit and run causing non-serious bodily injury, ensuring a thorough and strategic defense.

3. Hit And Run Causing Serious Bodily Injury:

Committing a hit and run leading to serious bodily injury is a grave offense in Colorado. It’s a class 4 felony. You may be subjected to imprisonment for 2 to 6 years or fined between $2,000 and $500,000.

 

Our Colorado traffic law firm stands as a stalwart legal ally, committed to defending you, in case you are facing charges of hit and run causing serious bodily injury. Our knowledgeable Colorado traffic lawyers implement a comprehensive approach to safeguard your legal rights and interests.

4. Hit And Run Causing Death

The most severe hit-and-run offense in Colorado is causing death, classified as a class 3 felony. Offenders may face imprisonment ranging from 4 to 12 years and a substantial fine ranging between $3,000 and $750,000. 

 

Our careless driving defense law firm’s advocates recognize the critical nature of such cases and provide legal support to those charged with hit and run causing death. We employ a skilled and experienced legal team to navigate the complexities of the legal process and strive for your best possible outcome.

Reckless Driving: Aggressively Defending Your Future

Reckless Driving constitutes a significant traffic violation in Colorado, where you can face accusations if authorities perceive the creation of an unsafe environment for property or individuals, whether intentional or inadvertent.

 

In Colorado, reckless driving is defined as, “A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving.”

 

In Colorado, a Reckless Driving conviction entails a higher degree of negligence compared to careless driving.

 

According to Colorado CRS § 42-4-1401, Reckless Driving is categorized as a Class 2 misdemeanor traffic offense, leading to potential penalties of up to 90 days of imprisonment, a fine reaching $300.00, and 8 points to your driving record.

 

Additionally, you might face elevated insurance rates, license suspension, community service, probation and court-mandated attendance at traffic school.

 

To mount an effective defense against such charges in Colorado, a comprehensive and strategic approach is essential. Strengthen your defense and enhance the likelihood of a favorable outcome by challenging evidence, presenting reasonable explanations, scrutinizing officer observations, and exploring plea negotiation options.

 

If you have been charged with reckless driving, seek guidance from an experienced Colorado Springs traffic lawyer. With an effective defense strategy and legal representation, you can navigate the legal process. A skilled Reckless Driving attorney from the McDowell Law Firm will assist you at each step, offering valuable advice and advocating on your behalf.

 

Ensure that a Reckless Driving conviction doesn’t compromise your future. If you’ve been issued a ticket or a summons for this offense, reach out to us promptly. We are committed to vigorously advocating on your behalf and safeguarding your future.

Felony consequences

Driving Under Suspension/Revocation/Denial: Protecting Your Right to Drive

Driving Under Restraint (DUR) in Colorado, as per C.R.S. 42-2-138, happens when you operate a vehicle despite knowing that your license or driving privileges have been suspended, revoked, or denied. Whether you’re a resident or non-resident of Colorado, you may face DUR charges.

 

DUR charges vary from a class A traffic offense to a misdemeanor, contingent on factors such as prior DUR convictions and the reasons behind your license revocation. The severity of the charge depends on multiple elements.

 

Facing a Driving Under Restraint charge can significantly impact your life. The offense is punishable by up to six months in jail and a $500 fine.

If you have two or more previous DUR convictions, your driver’s license might be revoked for an additional three years after the latest conviction. Additionally, your driving privileges will remain restricted for an extra year beyond the initially eligible reinstatement date if you are convicted of DUR.

 

Possible defenses against DUR encompass scenarios such as being unaware or not receiving notice of your license restraint, situations of emergency, and clerical errors erroneously indicating your license is under restraint. The intricacies of these affirmative defenses underscore the need to hire a seasoned traffic defense lawyer.

 

Facing charges for driving with a revoked or suspended license? Taking the right steps is critical. Reach out to our team or schedule a complimentary consultation at your earliest convenience. 

 

Josh McDowell, a premier Traffic Defense Lawyer in Colorado Springs, takes pride in assisting individuals unfairly caught in challenging circumstances. The McDowell firm handles all traffic charges, including DUR charges, diligently working to safeguard your driving rights and secure your future.

Drunk Driving Charges: Navigating Complex DUI Laws

If your driving privileges were initially restricted due to an alcohol or drug-related driving conviction, such as DWAI, UDD, DUI per se or DUI, the consequences become more severe for you. This is often called “DUR-Alc” or “Alcohol-related DUR”. Even if you are no impaired at the time you are charged with DUR-Alc, the aggravating issue is the reason for the revocation itself a DUI conviction or express consent revocation.

 

A DUR-alc in Colorado is a MT2, or class 2 Misdemeanor traffic offense. It carries 10-90 days in jail, $150-300 in fines, and an ADDITIONAL 1 YEAR license revocation.
A second conviction for an alcohol-related DUR within 5 years carries 10-90 days in jail, an elevated fine of $500-$3,000, and most importantly, can revoke you for 4 more years. In some instances you may be eligible for early reinstatement with an interlock device.

 

When confronted with an alcohol-related DUR charge or other alcohol-related driving offenses in Colorado Springs, the situation can be intimidating. 

 

However, you don’t have to navigate these complex legal steps by yourself. The McDowell Law Firm, equipped with extensive knowledge of driving laws in Colorado, is here to assist you. Place your trust in our experience, and allow us to lead you through these challenging times.

Call for a Free Consultation: Your First Step

Have you been cited with a careless or reckless Driving ticket in Colorado and wondered how a traffic defense lawyer can do?

 

A Colorado traffic attorney can be an invaluable resource for individuals charged with careless or reckless driving. Our legal professionals possess expertise in navigating the intricacies of traffic laws and court proceedings. We assess the specifics of your case, including the evidence against you, witness statements, and police reports, to build a strong defense strategy. The fraffic defense lawyers at the McDowell law firm can negotiate with prosecutors to potentially reduce charges or penalties, such as converting a reckless driving charge into a reduced charge, which carries lesser consequences. Moreover, they can represent you in court, ensuring that your rights are protected and advocating for the best possible outcome, whether that involves reduced fines, a lesser sentence, or even a dismissal of charges. Overall, a skilled Colorado traffic attorney can significantly increase your chances of a more favorable resolution to your DUR, careless or reckless driving case.

 

Since 2007, founding attorney Josh McDowell has built a reputation as one of Colorado Springs’s top driving defense lawyers. Call for a free consultation to discuss how we can form an effective defense against your traffic charges.

 

Schedule a free consultation with us today!

Colorado Revised Statutes Title 42. Vehicles and Traffic § 42-4-1601. Accidents involving death or personal injuries--duties

Current as of January 01, 2022

(1) The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the scene as possible or shall immediately return to the scene of the accident. The driver shall then remain at the scene of the accident until the driver has fulfilled the requirements of section 42-4-1603(1). Every such stop shall be made without obstructing traffic more than is necessary.

(1.5) It shall not be an offense under this section if a driver, after fulfilling the requirements of subsection (1) of this section and of section 42-4-1603(1), leaves the scene of the accident for the purpose of reporting the accident in accordance with the provisions of sections 42-4-1603(2) and 42-4-1606.
(2) Any person who violates any provision of this section commits: (a) A class 1 misdemeanor traffic offense if the accident resulted in injury to any person;
(b) A class 4 felony if the accident resulted in serious bodily injury to any person;
(c) A class 3 felony if the accident resulted in the death of any person.

(3) The department shall revoke the driver’s license of the person so convicted. A revocation pursuant to this subsection (3) runs concurrently with any suspension imposed pursuant to section 42-2-127.9, if imposed as a result of the same episode of driving.

(4) As used in this section and sections 42-4-1402.5, 42-4-1603, and 42-4-1606:
(a) “Injury” means physical pain, illness, or any impairment of physical or mental condition.
(b) “Serious bodily injury” means injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.

Colorado Revised Statutes Title 42. Vehicles and Traffic § 42-4-1606. Duty to report accidents

Current as of January 01, 2022

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(1) The driver of a vehicle involved in a traffic accident resulting in injury to, serious bodily injury to, or death of any person or any property damage shall, after fulfilling the requirements of sections 42-4-1602 and 42-4-1603(1), give immediate notice of the location of such accident and such other information as is specified in section 42-4-1603(2) to the nearest office of the duly authorized police authority and, if so directed by the police authority, shall immediately return to and remain at the scene of the accident until said police have arrived at the scene and completed their investigation thereat.

 

(2) Repealed by Laws 2004, Ch. 155, § 2, eff. Aug. 4, 2004.
(3) The department may require any driver of a vehicle involved in an accident of which report must be made as provided in this section to file supplemental reports whenever the original report is insufficient in the opinion of the department and may require witnesses of accidents to render reports to the department.

 

(4)(a)(I) It is the duty of all law enforcement officers who receive notification of traffic accidents within their respective jurisdictions or who investigate such accidents either at the time of or at the scene of the accident or thereafter by interviewing participants or witnesses to submit reports of all such accidents to the department on the form provided, including insurance information received from any driver, within five days of the time they receive such information or complete their investigation. The law enforcement officer shall indicate in such report whether the inflatable restraint system in the vehicle, if any, inflated and deployed in the accident. For the purposes of this section, “inflatable restraint system” has the same meaning as set forth in 49 CFR sec. 507.208 S4.1.5.1(b).
(II) Repealed by Laws 2004, Ch. 155, § 2, eff. Aug. 4, 2004.
(b) The law enforcement officer shall not be required to complete an investigation or file an accident report:
(I) In the case of a traffic accident involving a motor vehicle, if the law enforcement officer has a reasonable basis to believe that damage to the property of any one person does not exceed one thousand dollars and if the traffic accident does not involve injury to or death of any person;  except that the officer shall complete an investigation and file a report if specifically requested to do so by one of the participants or if one of the participants cannot show proof of insurance;  or
(II) In the case of a traffic accident not involving a motor vehicle, if the traffic accident does not involve serious bodily injury to or death of any person.

 

(5) The person in charge at any garage or repair shop to which is brought any motor vehicle which shows evidence of having been struck by any bullet shall report to the nearest office of the duly authorized police authority within twenty-four hours after such motor vehicle is received, giving the vehicle identification number, registration number, and, if known, the name and address of the owner and operator of such vehicle together with any other discernible information.
(6) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.