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Careless Driving – Colorado Law & Penalties – CRS 42-4-1402

Authored by Mark Savoy | Denver Attorney | Univ of Kansas Law School | Former Prosecutor
Last reviewed: July 4, 2026

Colorado Revised Statute § 42-4-1402 prohibits careless driving, which is operating a motor vehicle without due regard for the road and surroundings. This is typically a class 2 misdemeanor traffic offense, carrying

  • up to 90 days in jail and
  • a fine of up to $300.00.

Examples

  • Meredith uses her knees to guide the steering wheel so she can eat breakfast.
  • Tom drives 50 miles per hour in a 25-mile-per-hour zone in a snowstorm.

Careless driving is a less severe traffic violation than reckless driving, which comprises consciously disregarding the safety of others.

Graphic that shows defenses to Colorado careless driving charges, such as mistaken identity

In this article, our Denver criminal defense lawyers address the following key issues regarding Colorado’s careless driving laws:

1. Elements under C.R.S. 42-4-1402

For you to be convicted of careless driving in Colorado, prosecutors have the burden to prove beyond a reasonable doubt that you drove a vehicle without proper attention to your surroundings.1

Example: Dylan is driving 73 miles per hour in a 55 miles per hour zone. He does not see the stop sign ahead and causes a crash in the intersection. Dylan could be charged with careless driving.2

C.R.S. 42-4-1402 applies not only to cars and vans but also to trucks, tractor-trailers, scooters, bicycles, and e-bikes.3 The law also applies to accidents on private property in addition to public property.4 

Careless driving involves negligence and inattention. In contrast, the more serious crime of reckless driving involves a conscious disregard of the risks.5 

A careless driver should have known the risks of their conduct on the road, but did not. A reckless driver is aware of the risks but chooses to take them anyway. Therefore, all reckless drivers are also being careless. However, awareness of the risks is not necessarily an element of careless driving.6

Example: Dylan goes 73 in a 55 miles per hour zone. He knows there is a stop sign ahead, but decides not to stop. He would likely be driving recklessly, not carelessly.

Predictably, reckless driving carries harsher penalties than careless driving.7 

attorney working on legal documents
Traffic law attorneys may be able to get a driving ticket for violating C.R.S. 42-4-1402 reduced or dismissed.

2. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with driving offenses, including careless driving. In our experience, the following three defenses have proven very effective in persuading prosecutors and judges to reduce or dismiss C.R.S. 42-4-1402 charges. 

  1. You were not driving carelessly. Often carelessness is subjective, and what may have seemed careless to a police officer may have been reasonable to a jury.
  2. You were not the driver. This typically happens when someone borrows (or steals) your car, and the police track the license plate to you. Traffic surveillance video and alibis are usually sufficient to prove you were the victim of mistaken identity. 
  3. Any injuries were not caused by your careless driving. As long as the D.A. cannot show that your actions caused the victim’s injuries, the charges should be reduced from a class 1 to a class 2 traffic misdemeanor. 
Example: Suzie makes a careless turn at an intersection, prompting a pedestrian to jump out of the way. A speeding biker then hits and seriously hurts the pedestrian. Here, the injuries were caused by the speeding biker, not Suzie’s carelessness. 
police officer issuing a traffic ticket
Accruing too many DMV points from traffic tickets can result in a driver’s license revocation.

3. Penalties

If no one was injured, careless driving in Colorado is a class 2 traffic misdemeanor. Convictions carry:

  • $150 to $300 in fines and
  • 10 to 90 days in jail.

Meanwhile, careless driving causing bodily injury is a class 1 traffic misdemeanor in Colorado, carrying:

  • $300 to $1,000 in fines and
  • 10 days to 1 year in jail.8

In addition to fines and jail time, convictions for careless driving come with other penalties, as well:

  • 4 points to your driving record, unless you were riding a bike or e-bike,9
  • Community service,10 and
  • Payment of restitution to anyone who got hurt.11

See our related article, Is careless driving a misdemeanor in Colorado?

Note that if you are convicted of careless driving causing an injury, the victim can use the conviction against you in a personal injury civil lawsuit. The conviction can be used to show that you were acting per se negligent.12 

4. Related Offenses

car about to run a stop sign as an example of careless driving per Colorado CRS 42-4-1402
Careless driving is a traffic misdemeanor driving offense under Colorado criminal law.

Frequently Asked Questions

Will a careless driving conviction increase my car insurance rates?

Yes. Because a careless driving conviction puts four points on your Colorado Division of Motor Vehicles (DMV) record, auto insurance carriers generally treat it as a chargeable event. This often results in a significant increase in your insurance premiums that can last for several years.

Can a careless driving ticket suspend my driver’s license?

It can, depending on your current driving record. While a single careless driving ticket carries four points, accumulating too many points will trigger a license suspension.

In Colorado, drivers 21 and older face suspension if they accumulate 12 points within 12 months, or 18 points within 24 months. Commercial drivers and drivers under the age of 21 face much stricter point thresholds.

Is careless driving ever used as a plea bargain for a DUI?

Yes. In the Colorado court system, when a prosecutor’s evidence for a Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI) charge is weak, defense attorneys can sometimes negotiate a plea bargain down to careless driving. This allows you to avoid the much harsher penalties and mandatory license revocations associated with a DUI.

Can unavoidable weather or environmental factors be used as a defense?

Absolutely. You cannot be convicted of careless driving if the incident was caused by an unavoidable external factor. “Inadvertent distractions”—such as a rock shattering your windshield, an animal suddenly darting into the road, or a heavy load of slush blinding your view during a snowstorm—can be used to prove that your driving was not negligent, but rather the result of an unforeseeable emergency.

Are there specific careless driving rules for passing emergency vehicles?

Yes. Colorado’s careless driving statute specifically applies to passing emergency and maintenance vehicles. If you fail to exhibit due care and caution while approaching or passing a stationary emergency vehicle (with its lights flashing) or a slow-moving maintenance/construction vehicle, you can be charged with careless driving.

Additional Reading

Legal References:

  1. C.R.S. § 42-4-1402 – Careless Driving.
    (1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, electric scooter, or low-power scooter 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 person convicted of careless driving of a bicycle, electrical assisted bicycle, or electric scooter is not subject to section 42-2-127.
    (2) Intentionally left blank —Ed.
    (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.
    (b) If the person’s actions are the proximate cause of bodily injury to another, such person commits a class 1 misdemeanor traffic offense.
    (c) If the person’s actions are the proximate cause of death to another, such person commits a class 1 misdemeanor traffic offense.
    People v. Chapman, (1977) 557 P.2d 1211 (“the mental element of careless driving is, in essence, negligence”). See also People v. Torres (Colo. App. 2026) No. 24CA1215.
  2. People v. Zweygardt, (Colo. App. 2012) 298 P.3d 1018.
  3. See C.R.S. § 42-1-102(58).
  4. See Clark v. Bunnell, (1970) 470 P.2d 42; People v. Millican, (1970) 474 P.2d 789; People v. Erb, (1970) 475 P.2d 330; and Gustad v. Allen, (Colo. App. 1974) 520 P.2d 594.
  5. See note 1.
  6. See note 1. (“One who commits reckless driving necessarily has been guilty of careless driving, for the greater degree of negligence includes the lesser.” This makes careless driving a lesser included offense of reckless driving in Colorado).
  7. C.R.S. § 42-4-1401.
  8. See C.R.S. § 42-4-1402(2) and C.R.S. § 42-4-1701(3)(a)(II)(A)
  9. C.R.S. § 42-4-1402(1) and C.R.S. § 42-2-127.
  10. C.R.S. § 42-4-1701(3)(II)(B).
  11. See C.R.S. § 16-18.5-107 and C.R.S. § 42-4-1701(3)(II)(B).
  12. Pyles-Knutzen v. Board of County Commissioners, (Colo. App. 1989) 781 P.2d 164.

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