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Misdemeanor Traffic Offenses in Colorado – A Legal Guide

Colorado misdemeanor traffic offenses are driving crimes punishable by fines and/or jail time. Class 1 traffic misdemeanors carry 10 days to 12 months in county jail and/or $300 to $1,000 in fines. Class 2 traffic misdemeanors carry 10 to 90 days in jail and/or $150 to $300 in fines. Traffic misdemeanors also cause DMV points to be added to your driving record. In this article, our Colorado criminal defense attorneys discuss:
Officer with radar speed gun
Speeding more than 25 mph is a misdemeanor traffic offense in Colorado.

1. What are misdemeanor traffic offenses?

Misdemeanor traffic offenses are Colorado driving crimes. There are divided into class 1- and class 2 misdemeanor traffic offenses.1

2. What are the penalties?

Class 1 misdemeanor traffic offenses carry penalties of 10 days to 12 months in jail and/or $300 to $1,000 in fines, plus DMV points. Class 2 misdemeanor traffic offenses carry 10 to 30 days in jail and/or $150 to $300 in jail, plus DMV points.2 Therefore, misdemeanor traffic offenses carry harsher punishments than traffic infractions – which are civil violations that carry no jail time.

3. What are examples?

Three examples of class 1 misdemeanor traffic offenses in Colorado include:
  1. Exceeding the speed limit (CRS 42-4-1101) by 25 mph or more in a construction zone, maintenance zone, or repair zone
  2. Knowingly engaging in speed contests with a motor vehicle (CRS 42-4-1105)
  3. Careless driving (CRS 42-4-1402), if someone sustains bodily injury
See the state government’s official list of class 1 misdemeanor traffic offenses in Colorado. Three examples of class 2 misdemeanor traffic offenses in Colorado include:
  1. Reckless driving (CRS 42-4-1401)
  2. Careless driving (CRS 42-4-1402), without causing serious bodily injury
  3. Knowingly conducting a speed contest (CRS 42-4-1105)
See the state government’s official list of class 2 misdemeanor traffic offenses in Colorado.

4. Can misdemeanor traffic offenses be sealed?

No. Convictions for misdemeanor traffic offenses are unsealable in Colorado. They stay on your record forever. But dismissed charges can get sealed right away.3 Learn how to get criminal records sealed in Colorado.
Laptop that says "criminal background check"
Traffic misdemeanor offenses are unsealable from criminal records.

5. What if I ignore my traffic ticket?

Anyone ticketed for a misdemeanor traffic offense will have a bench warrant issued for their arrest if they skip court or fail to pay their fine. The Colorado DMV may suspend your license until the matter is resolved.4

6. Can I choose to go to trial?

Yes. If you are facing a misdemeanor traffic offense charge, you are entitled to a jury trial with six jurors. With the court’s permission, you can ask for a smaller jury of no less than three people. You can also forgo a jury trial and choose to have a bench trial instead.5

7. How long does the D.A. have to file charges?

After the alleged traffic violation occurs, Colorado prosecutors have 1 year to press criminal charges. Learn more about criminal statutes of limitations in Colorado.6

8. Can I keep my guns?

Yes. Traffic misdemeanor convictions do not affect a defendant’s firearm rights. Additional Reading… Go to our Colorado traffic misdemeanor main page. Also see our articles about Colorado misdemeanors, Colorado felony crimes, class A traffic infractions, and class B traffic infractions.

Legal References

  1. Colorado Revised Statute 42-4-1701; see also People v. Hernandez, (2011) 250 P.3d 568; see also People v. Manzo, (2006) 144 P.3d 551.
  2. Same.
  3. CRS 24-72-701 – 708.
  4. Colorado Department of Revenue – Frequently Asked Questions (outstanding judgment warrants – OJWs); County Court Traffic Violations pamphlet, Colorado government.
  5. CRS 18-1-406.
  6. CRS 16-5-401.

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