Traffic misdemeanor convictions can never be sealed from your criminal record. But prosecutors are sometimes willing to reduce the charge down to a traffic infraction or even grant a dismissal.
In this article, our Denver criminal defense attorneys will address the following key issues regarding class 2 misdemeanor traffic offenses in Colorado:
Speeding violations of going at least 25 mph over the limit is a class 2 misdemeanor traffic offense in Colorado.
1. Overview
Class 2 misdemeanor traffic offenses are a category of Colorado driving crimes. They carry laxer penalties than class 1 misdemeanor traffic offenses.1
2. Sentence
Colorado penalties for class 2 misdemeanor traffic offenses include 10 days to 90 days of jail time and/or $150 to $300 in fines, plus DMV points. Colorado drivers who accrue too many DMV points will get their driving privileges suspended.2
The judge can allow you to complete community service / public service in place of paying the fine.
Note that misdemeanor traffic offenses are Colorado crimes. Therefore, they are more serious than traffic infractions, which are civil violations. The maximum penalty for traffic infractions is only fines, surcharges, and court costs – not jail.
3. Examples
Ten examples of class 2 misdemeanor traffic offenses in Colorado include:
See the state government’s official list of class 2 misdemeanor traffic offenses in Colorado.
4. Record Seals
Convictions for class 2 misdemeanor traffic offenses can never be sealed. These traffic law violations stay on your criminal and driving record forever.
Therefore, drivers cited for a traffic misdemeanor are encouraged to fight the case to try to get the charge lessened or dropped. If the charge is dismissed, the case can be sealed immediately.3
Learn how to get criminal records sealed in Colorado.
Convictions for class 2 misdemeanor traffic offenses cannot be sealed from criminal records in Colorado.
5. Ignoring the Ticket
The consequence of ignoring a ticket for a class 2 misdemeanor traffic offense is serious. There will be an issuance of a bench warrant for your arrest. And the DMV will impose a driver’s license revocation until the case is resolved and the fine is paid off.4
6. Jury Trials
Individuals facing class 2 traffic misdemeanor charges in Colorado may be entitled to a jury trial consisting of six jurors. You can ask for a smaller jury (of no less than three jurors). Or you can ask for a bench trial (where the judge decides the verdict).5
7. Statute of Limitations
Colorado prosecutors have one year after a class 2 misdemeanor traffic offense allegedly occurs to press charges. Learn more about criminal statutes of limitations in Colorado.6