A Careless Driving charge in Greeley, Colorado, is often a charge which Greeley police will cite a driver with, when an accident has an ambiguous cause. Police and prosecutors don’t want to give someone a break when an accident occurs, so they often turn to Careless Driving when no other charges fit. In Colorado, unpredictable winter weather can cause conditions to change in seconds, resulting in an accident. One Farista, Colorado school bus driver found this out recently when black ice combined with a reasonable speed to cause an accident that resulted in several students being injured. The school bus driver was cited for driving too fast for conditions and Careless Driving Resulting in an Injury.
What is Careless Driving and Careless Driving Resulting in Death in Weld County?
In Weld County, Careless Driving is a traffic crime that is defined under CS § 42-4-1402
- A person who drives a motor vehicle … in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving.
- a. Except as otherwise provided in paragraphs (b) and (c) of this subsection (2), any person who violates any provision of this section commits a class 2 misdemeanor traffic offense.
- If the person’s actions are the proximate cause of bodily injury to another, such person commits a class 1 misdemeanor traffic offense.
- If the person’s actions are the proximate cause of death to another, such person commits a class 1 misdemeanor traffic offense.
To put it simply: Careless Driving is driving that falls below what would be expected of a competent and careful driver. There are two basic components of the charge: 1. The act of driving a vehicle and 2. that the driver’s state of mind disregarded or was without regard for safety. Since the students were harmed, in the above story, the school bus driver was charged because there was presumed disregard for safety by driving too fast in the conditions that existed. An important question to ask is whether sliding on black ice (which you can’t see), means you necessarily were acting careless and imprudently. We don’t think that conclusion adds up.
In Greeley, Colorado What is the Sentence for Careless Driving?
Class 2 Misdemeanor Traffic Offense Careless Driving (different than a normal class 2 misdemeanor)
- $150 to $300 in fines
- 10 to 90 days in the Weld County Jail
Class 1 Misdemeanor Traffic Offense Careless Driving (different than a normal class 1 misdemeanor)
- $300 to $1,000 in fines
- 10 days to 1 year in the Weld County Jail
It is also important to note that a Careless Driving traffic crime conviction will add 4 points to your license, unless the Careless Driving resulted in a death, in which case 12 points are assessed.
Do I need a Weld County Lawyer for a Careless Driving Charge?
It is important to have a Weld County Lawyer when faced with a Careless Driving charge. A Careless Driving conviction can affect your insurance rates and impact your driving privilege. Imagine the high cost of losing your driver’s license based on getting 4 or 12 points. Careless Driving citations may seem like standard traffic tickets, but they are more serious. These charges can be given by the police after a traffic accident, or simply based on observed driving. Depending on the circumstances, a person cited with Careless Driving can face substantial fines and jail time. In addition, some civil authorities will presume you were at fault in a traffic accident if you plead guilty to driving carelessly. Call us to get a lawyer to help advocate for your rights.
It is vitally important to consult with an experienced attorney regarding the specifics of your Careless Driving situation. The penalty for an “accident” which results in injury or death to someone else is quite severe. Restitution can amount to hundreds of thousands of dollars. Do not make a mistake by not consulting with a traffic offense attorney that has experience handling Careless Driving cases. Call 970-616-6009 to meet with an experienced criminal defense lawyer in Greeley.
Together, we can protect your future.
Photo by Abby Thompson on Unsplash