In Colorado, not every traffic ticket is just a fine. Some traffic tickets are civil infractions. Others are criminal charges that can lead to jail, probation, and a permanent criminal record.
If you receive a ticket in Colorado Springs or anywhere in El Paso County, check the ticket carefully and verify the level of the offense. There is a major difference between a traffic infraction and a misdemeanor or felony case. Some traffic offenses carry serious criminal penalties, and some can even be felonies.
The Four Categories of Traffic Offenses in Colorado
Colorado traffic violations fall into four primary categories:
- Traffic infractions (civil, but may carry points)
- Class 2 misdemeanor traffic offenses
- Class 1 misdemeanor traffic offenses
- Felony traffic offenses
DUI and DWAI exist in their own statutory category and are not classified as Class 1 or Class 2 misdemeanor traffic offenses.
1. Traffic Infractions (Civil Only)
Infractions are the least serious type of traffic case. They do not carry jail time, and are often payable before you go to court. Some infractions will have an automatic reduction in points and a set fine if you pay with a certain time period (typically 20 days). Read your ticket carefully to see if that applies in your case. You may decide that it is best to just pay the fine, and not have to spend hours in court fighting the ticket. In some jurisdictions you may have to appear more than once to fight the ticket, because the first appearance is not the hearing date where the police/witnesses are subpoenaed to appear.
Common examples
- Speeding (lower-level violations)
- Running a red light or stop sign
- Improper lane change
- Following too closely
- Most equipment violations
Typical penalties
- Fines
- Points on your license
- Insurance increases
- No jail
Colorado point system for drivers age 21 and older
- 12 points in 12 months = suspension
- 18 points in 24 months = suspension
Too many points can result in a license suspension, even if each ticket seems minor.
2. Class 2 Misdemeanor Traffic Offenses (MT2)
These are criminal charges prosecuted in county court. A conviction creates a criminal record.
Common MT2 charges
- Careless driving (C.R.S. 42-4-1402)
- Reckless driving (C.R.S. 42-4-1401)
- Driving without insurance (first offense)
- Most first-time license violations
Maximum penalties
- Up to 90 days in jail
- $150 to $300 fine
- Criminal record
Careless Driving
Careless driving means operating a vehicle without due regard for road conditions or in a manner that shows negligence.
Police often issue this charge after accidents, even when no one is injured.
Penalty:
- Up to 90 days in jail
- $150 to $300 fine
- 4 DMV points
If careless driving causes bodily injury or death, the offense becomes a Class 1 misdemeanor traffic offense.
Reckless Driving
Reckless driving requires willful or wanton disregard for the safety of persons or property.
This is more serious than careless driving because it involves conscious disregard of risk.
Penalty:
- Up to 90 days in jail
- $150 to $300 fine
- 8 DMV points
Reckless driving is also a habitual traffic offender strike.
Reckless vs Careless
The difference is the driver’s mental state:
- Careless driving involves negligence
- Reckless driving involves willful or conscious disregard for safety
Examples include extreme speeding, racing, aggressive weaving, or intentionally dangerous maneuvers.
Also read: The difference between careless driving and reckless driving
Driving Under Restraint (Alcohol or Drug Related)
Driving under restraint after an alcohol- or drug-related revocation is a Class 1 misdemeanor traffic offense under C.R.S. 42-2-138.
This commonly occurs when a license is revoked because of:
- DUI or DWAI conviction
- Administrative DUI suspension
- Refusal to submit to testing
Penalties:
- 30 days to 364 days in jail (mandatory minimum applies)
- $500 to $1,000 fine
- Additional license revocation
Knowledge of the suspension is not required in most cases. Proof that the notice was mailed to the driver’s address of record is typically sufficient.
3. Class 1 Misdemeanor Traffic Offenses (MT1)
These are the most serious misdemeanor traffic crimes and carry greater jail exposure.
Common MT1 charges
- Leaving the scene of an accident involving property damage (C.R.S. 42-4-1601)
- Speed contests (drag racing)
- Careless driving causing bodily injury or death
- Driving under restraint (alcohol or drug related)
- Eluding police
- Driving without insurance (repeat offenses or certain circumstances)
Maximum penalties
- Up to 364 days in jail
- Up to $1,000 fine
- Criminal record
Hit and Run (Property Damage)
Leaving the scene of an accident involving only property damage is a Class 1 misdemeanor traffic offense.
Penalty:
- Up to 364 days in jail
- $300 to $1,000 fine
If the accident involves injury or death, the offense becomes a felony.
Speed Contests
Knowingly engaging in a speed contest or drag race on a public roadway is a Class 1 misdemeanor traffic offense.
Careless Driving Causing Injury or Death
If careless driving results in bodily injury or death to another person, the offense is elevated to a Class 1 misdemeanor traffic offense.
4. DUI and DWAI (Separate Criminal Category)
DUI and DWAI are not MT1 or MT2 offenses. They are governed by their own statutory framework, and have their own unique penalties.
Penalties may include
- Jail or community service
- Fines
- Alcohol education and treatment
- Ignition interlock
- License revocation
- Permanent criminal record
Even a first offense carries mandatory sentencing requirements.
5. Felony Traffic Offenses
Felony traffic cases are prosecuted in district court.
Common felony traffic charges
- Vehicular homicide
- Vehicular assault
- Hit and run involving injury or death
- Felony DUI (fourth or subsequent offense)
- Habitual traffic offender with driving after revocation
Hit and Run Classifications (C.R.S. 42-4-1601)
- Property damage only: Class 1 misdemeanor traffic
- Injury: Class 4 felony
- Serious bodily injury: Class 3 felony
- Death: Class 3 felony
Felony DUI
A fourth or subsequent DUI, DUI per se, or DWAI is a Class 4 felony.
Possible penalties
- 2 to 6 years in the Department of Corrections
- Mandatory parole period
- Significant fines
- Long-term license revocation
- Permanent felony record
In many cases, probation may be available depending on the circumstances and criminal history.
Which Court Handles Your Case
County court handles
- All traffic infractions
- All misdemeanor traffic cases
- Most DUI and DWAI cases
District court handles
- All felony traffic offenses
Failing to appear for a required court date will result in a warrant for your arrest.
Why This Classification Matters
The level of your charge determines:
- Whether jail or prison is possible
- Whether you will have a criminal record
- Whether the case may be sealed later
- Which court hears your case
- Potential immigration consequences
Common Situations That Become Criminal
- You are cited for careless driving after a minor accident
- You are stopped and arrested for driving under restraint
- You leave a parking lot after a small collision and later face a hit-and-run charge
- You are driving far above the speed limit and are charged with reckless driving
Many traffic cases that seem minor can quickly become criminal matters.
What To Do If Your Ticket Is Criminal
If your ticket lists a misdemeanor, DUI, DWAI, or felony charge:
- Do not simply pay the ticket
- Do not ignore the court date
- Preserve evidence, including photos and witness information
- Speak with a qualified Colorado defense attorney
Criminal traffic convictions can affect employment, insurance, professional licenses, and your driving privileges.
If you are facing careless driving, reckless driving, driving under restraint, DUI, or hit-and-run charges in Colorado Springs or El Paso County, experienced legal representation can make a significant difference.
This article is for informational purposes only and does not constitute legal advice. Every case is different. If you are facing criminal charges, consult a qualified Colorado criminal defense attorney.
