Is Reckless Driving a Felony in Colorado?

Reckless driving might sound like a simple traffic ticket, but in Colorado, it can be much more serious than that. If you’ve been charged with reckless driving, or your loved one has, you might be wondering whether it’s a felony, what penalties you’re facing, and how this could affect your future.

At the Law Office of James Colgan in Northglenn, we handle serious criminal defense cases throughout Colorado, including reckless driving, vehicular assault, and felony traffic-related offenses. Understanding the consequences of a reckless driving charge and how it fits into the broader legal system is the first step toward protecting your rights.

What Is Reckless Driving Under Colorado Law?

In Colorado, reckless driving is defined by C.R.S. 42-4-1401 as operating a motor vehicle in a manner that shows a “willful or wanton disregard” for the safety of people or property. That means you don’t have to intend to hurt anyone, but your behavior must show a conscious disregard for the risks involved.

Examples of behavior that could lead to a reckless driving charge include:

• Excessive speeding in heavy traffic
• Running red lights or stop signs while weaving through cars
• Tailgating at high speeds
• Passing illegally or racing another vehicle
• Driving aggressively or erratically in school or construction zones

Unlike careless driving, which is usually based on simple negligence, reckless driving requires prosecutors to prove that you knew your actions were dangerous and chose to do them anyway. That elevated mental state is what makes the charge more serious under the law.

Is Reckless Driving a Felony in Colorado?

On its own, reckless driving is typically charged as a Class 2 misdemeanor traffic offense in Colorado. That means it is not a felony by default, but that doesn’t mean it’s harmless.

For a first-time conviction, reckless driving carries potential penalties of:

• 10 to 90 days in jail
• Fines of $150 to $300
• 4 points on your Colorado driver’s license

If you have a prior reckless driving conviction, the penalties increase to:

• 10 days to 6 months in jail
• Fines of $150 to $1,000

However, reckless driving can be elevated to a felony under certain circumstances, especially when someone is injured or killed as a result of your driving behavior. In those cases, the charge could become:

• Vehicular assault (C.R.S. 18-3-205) – A felony charge when reckless driving causes serious bodily injury.
• Vehicular homicide (C.R.S. 18-3-106) – A felony charge when reckless driving causes death.

In both of these scenarios, the consequences go far beyond fines and license points. You could face years in prison and a felony record that follows you for life.

How a Reckless Driving Conviction Can Affect Your Life

Even when charged as a misdemeanor, a reckless driving conviction can cause long-term damage. Aside from potential jail time and fines, there are several other consequences to consider:

• Insurance Rate Increases: Most insurance providers treat reckless driving as a major violation. Premiums often skyrocket for years.
• License Suspension: Reckless driving adds 4 points to your driving record. Combine that with other violations, and you may lose your license altogether.
• Criminal Record: A conviction means you’ll have a permanent record that could affect employment, housing, and more.
• Probation or Community Service: Judges often impose additional penalties depending on the facts of your case.

If you’re charged with a felony version of reckless driving, like vehicular assault, you could be looking at years in prison and life-altering consequences. That’s why it’s crucial to take these charges seriously and work with an experienced defense attorney as early as possible.

Fighting a Reckless Driving Charge in Colorado

Reckless driving charges can often be challenged in court, but only if you understand what’s at stake and how the law applies to your situation. At the Law Office of James Colgan, we examine every angle of your case to determine whether your actions truly meet the legal standard for “willful or wanton disregard.”

Some potential defenses to reckless driving may include:

• Insufficient evidence: There may not be enough proof of your mental state or the alleged driving behavior.
• Witness credibility issues: Civilian reports can be challenged for accuracy, bias, or misinterpretation of events.
• Necessity or emergency: You may have been responding to a medical emergency or avoiding greater harm.
• Reduction to careless driving: In some cases, charges can be reduced to careless driving, which carries lighter penalties and fewer long-term effects.

Every case is different, and your defense strategy needs to reflect the unique facts and evidence involved. We don’t believe in one-size-fits-all solutions. Whether you’re facing a simple misdemeanor or a felony-level offense, we build a defense that protects your future and your freedom.

Charged With Reckless Driving? We’re Ready to Help.

Colorado courts treat reckless driving as more than just a traffic violation. A conviction can lead to jail, heavy fines, and serious damage to your record, especially if someone was hurt or killed. Don’t wait to get the help you need.

Contact the Law Office of James Colgan in Northglenn for a confidential consultation. We’ll review the details of your case, explain your options, and fight aggressively to protect your rights every step of the way.