One of the most common traffic violations in Colorado – a careless driving. Colorado Charter of carefree driving part includes:
"A person who drives a car, bicycle, bicycles with electric support or scooter low power carelessly and recklessly, without regard to the width, grade, curves, turns, movement and use of streets and highways and all other attendant circumstances, is guilty of careless driving car. "
In addition to state statutes, most of Colorado municipalities have adopted the Uniform Code of traffic Colorado, where in fact refers to the same position, but the charge is designated as a violation of the municipal order, rather than a criminal offense. Denver also has a municipal decree prohibiting careless driving, but it defines the careless management of the car in a different way and cut. The decision of Denver also added that the driver can be considered sloppy control when the driver has lost control of his vehicle, thereby endangering or faced with any person, structure, thing, vehicle or other traffic.
Drivers can pre & # 39; to reveal the charge of careless driving or as a violation of the decision, which is usually considered a municipal court or in accordance with the state status, which usually listens to the judge, who sits in the Colorado District Court. Although municipal disposal are largely similar, this article focuses on the provisions of the Charter of the careless management of Colorado.
The primary reason for careless driving in Colorado are so prevalent that she charged with & # 39 is vague and open up to the fact that any kind of deviation from the normal driving can be considered negligent management. Thus, one could argue that it is used in virtually all possible circumstances.
In addition to the issue, if a person believes that the driving carelessly, as a single offense, the statement careless driving are also often issued in connection with the violation of the speed limit. This happens when either the officer believes that speeding itself was negligent or had some other independent actions of the driver, rather than directly due to the speed, which is considered by the officer, was careless with regard to the speed of the vehicle. Quite often, this additional independent alleged traffic violation with & # 39 is a form of aggressive driving.
Another reason for violations of reckless driving – that's what a careless driver can drive the car to say for driving that takes place on private property. Parking is often privately owned. In contrast, the majority of traffic citations in Colorado can only be issued for alleged driving violations that occur on public streets and roads, and can not be issued for violations that allegedly occurred in the private ownership.
In addition to the fact that careless Driving with & # 39 is unclear and open potential road rules violations, Colorado law also establishes some specific cases in which a person can be considered that the driving carelessly. For example, cyclists, have certain rights when moving along the carriageway. If a person controls the road carelessly and recklessly, do not need to close, meet or cyclist beside him, the driver is considered that the driving carelessly.
Perhaps the most common and remarkable circumstance for drivers – this is when the accusation in a complacent driving is performed after an accident, often regardless of the actual cause and whether SUR & # 39; oznaya or minor accidents. Normally, when an accident happens, the person responsible, guilty of violation in respect of a specific and limited in scale violations of traffic rules. Such violations of traffic rules include too attentive offensive, in case of collision with the rear part, or not to give way to traffic approaching traffic when turning left hand, without any attention when the traffic control device, such as a red light or stop sign, with clashes taking place at intersections.
Although usually it happens that a person in an accident can be more accurately found guilty specifically defined and limited to & # 39; the amount of violations of traffic law enforcement agencies regularly issue vague and much more of a & # 39; oznae charged with misdemeanors of traffic for careless driving . This is largely due to the higher availability of criminal responsibility more severe punishment, as well as the potential of the order of restitution in respect of a driver convicted of careless driving.
There are considerable differences in the consequences between multiple traffic violations and violation of road traffic offenses, for example, without a car. Traffic violations are considered civil matters in Colorado, and the person usually gets a fine, court costs and penalty points against their license. The driver can not be jailed solely by the verdict of the violation of traffic rules, and the court can not make an arrest warrant. Careless handling of the vehicle as pravinalnae violation of traffic rules, provides for substantial criminal penalties.
If a person is convicted of driving carelessly, without causing any injury to anyone, the driver is considered to be somewhat less than perfect suras & # 39; oznym misdemeanor traffic violations 2nd class. However, if a person drives recklessly, and it is careless driving leads to paranennya person or to a person's death or pregnancy prematurely aborted due to careless management, driver alleged to have committed. Traffic offense first class.
Traffic offense Level 2 provides for punishment of imprisonment of ten (10) days to ninety (90) days' imprisonment and a fine of 150.00 to 300.00 US dollars or a penalty of imprisonment and a fine. Tougher offense first class is punishable by ten (10) days to a maximum of one year's imprisonment or a fine of $ 1,000.00, or a fine and imprisonment. Offense for violation of traffic rules for careless handling of the vehicle – a four (4) points of the crime, unless careless driving will not lead to death, and in this case a violation of twelve points.
The consequences of careless driving convictions also differ substantially from those convicted of a traffic violation. Writ of restitution can be entered by the judge of the trial against the responsible person in a traffic accident, if in respect of the responsible person there is a charge for a misdemeanor traffic offense. This order of restitution can make the responsible parties in the accident to pay the sum of the other parties. These amounts, as a rule, cause damage to property and injuries caused by other participants of the accident, if certain expenses are not covered by the insurance liability of the vehicle. the restitution law prohibited by law if the responsible driver convicted only for violation of traffic rules.
Although less severe penalties, drivers have fewer rights in criminal liability for violation of the citizens' movement to protect these complaints. For example, the accused has no right to a jury trial on the majority of criminal cases on violation of traffic rules. Many violations of traffic rules strictly violate responsibility. With strict accountability with responsibility for violation of traffic rules it does not matter whether the prosecution intends to break the law, and does not even matter whether or not at that time people knew that they violate the law on road traffic. The prosecutor must show only that the person has contravened strict liability.
Accountability for strict liability for a traffic violation that causes an accident similar to the level of a person's guilt, is responsible for the civilian casualties as a result of an accident. Criteria in a civil court, which before the & # 39 are responsible for the damage, usually relating to the driver was negligent and that the negligence caused the accident. It is not necessary participant who seeks compensation in a civil court, to prove that the accused intended the driver to control the car by negligence or even the fact that at the time the accused was aware of the driver, the driver drove through negligence.
Although punishment is much more severe, the court there are many more rights that are prosecuted for careless driving. Among them the right to a jury trial and force the prosecutor to prove guilt beyond a reasonable doubt, that in fact was behind the wheel.
Also, there is another significant benefit to the accused driver and a significant burden of the prosecutor in attracting and obtaining convictions on charges of careless driving. The provisions of the Charter of the careless management of Colorado stated that the defendant driver had to go, "without due consideration". The phrase "without due consideration" because the driver must, at least to some extent, in fact, intended to drive carelessly. In other words, a driver who is not going to carelessly operate normally can not be convicted of careless driving. If you say another way, a person can not accidentally drive carelessly.
Careless Driving is often issued in violation of traffic rules in Colorado. Drivers in the Denver area and in other areas of the state have to know how the possible penalties, and their right to challenge indefinite charged with careless driving.
Legal Disclaimer – The information contained on this website should not be legal advice, and all information relating to Colorado law, a & # 39 is just the same story and should not apply to its particular criminal situation in Colorado. Information on this site should not be comprehensive and does not cover all issues, nuances and ramifications associated with the topic under consideration.
Individuals should contact an experienced lawyer in Colorado, to get advice on the individual situation.