Criminal Defense Attorney in Highlands Ranch, Colorado

What are some common major traffic charges in Colorado?

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Yeah. So, a very common one is careless
driving. So, often times if you’re
involved in an accident um and the cops
determine that you’re the at fault party
um or even if they determine both
parties are at fault, you can be charged
with careless driving, which is just
that you were doing anything in an
imprudent manner um that you disregarded
the widths, grade, curves, or any other
circumstances of the road. So, it’s an
extremely broad statute just discussing
pretty much that you disregarded some
traffic um whether it’s a traffic signal
or a curve or you’re going a little too
fast, things like that. And so, we often
see it um with traffic accidents, you
being charged with careless and it’s
just an imprudent manner and really a
negligent standard. It doesn’t mean that
there’s any intentional behavior or
reckless behavior um in your driving.
Another major one is reckless, which is
higher than careless driving. And so
reckless driving is meaning that you
were acting with a willful and wantton
disregard for these traffic uh for the
traffic, for signals, for the road
conditions, things like that. And so
it’s a higher uh level of culpability.
Um and it’s a higher charge. And then
another one is we see a lot of times
leaving the scene of an accident or also
failure to report an accident. And so
leaving the scene of an accident,
anytime you’re involved in any accident,
whether it’s damage only or there’s
injury um or whether someone even um
sadly passes away, there’s always a duty
to stop at the accident, even if the
other person leaves. And so leaving the
scene of an accident is actually strict
liability crime, which means that you
don’t have to there has to be no there
doesn’t have to be an intention to leave
the scene. Just means that you left the
scene in general and didn’t stay after
an accident. And it’s similar to
reporting an accident. So, even if
you’re in a minor parking lot fender
bender, you always have a duty to call
the cops or to file a police report
online or call the non-emergency line
and report that there was an accident.
Um, even if you don’t intend to, you
know, try to evade law enforcement by
not reporting these accidents, there’s
still a a requirement that you do no
matter what occurred. and leaving the
scene of the accident can you can
actually face higher penalties and you
can even face a felony if someone
suffers what’s called serious bodily
injury meaning a broken bone or
permanent disability based on this
accident and you left that scene of an
accident. Often times you see with these
types of cases with major traffic
offenses that we see all the time is
restitution. And so that’s the damages
that someone can seek in a criminal
court that are related to um traffic
charges. And restitution applies to
other crimes, too, but it just often
applies to these traffic cases. It’s a
way for people to seek their damages um
within the criminal court system.

Colorado Springs, CO criminal defense attorney Zoe Levesque talks about some common major traffic charges in Colorado. She notes that a common traffic-related offense is careless driving. This charge often arises when an individual is involved in an accident and is found at fault—or partially at fault—for disregarding road conditions, curves, grades, or traffic signals. Careless driving is broadly defined and generally involves negligent, imprudent behavior, without any requirement of intentional or reckless conduct.

Reckless driving, by contrast, is a more serious offense, reflecting a willful and wanton disregard for traffic rules, signals, and road conditions. It carries a higher level of culpability and more severe penalties.

Another frequent issue she encounters is leaving the scene of an accident or failing to report an accident. In all accidents—whether involving property damage, injury, or death—drivers have a legal duty to stop and report the incident. Leaving the scene is a strict liability offense, meaning that intent to evade responsibility is not required; simply leaving the scene constitutes a violation. Failure to report an accident, even in minor incidents such as parking lot fender-benders, can also result in legal consequences. Serious injuries resulting from leaving the scene can elevate the charge to a felony.

She also emphasizes that restitution is often part of traffic offense cases. This allows victims to recover damages related to the accident within the criminal court system, ensuring that accountability extends beyond fines or criminal penalties.

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