Most traffic citations are a nuisance you pay and forget. Some are criminal charges that can put you in jail, revoke your license for years, and end your driving career. The two look almost identical on the ticket in your hand — and that’s exactly the problem.
If your charge is reckless driving, hit and run, or a vehicular offense, you’re not dealing with a ticket but a crime, and a conviction follows you. The Denver traffic offense lawyers at Price Criminal Defense are built for that end of the spectrum.
Our Director of Criminal Defense has spent nearly a decade inside Colorado's criminal courts — as prosecutors and supervisors — and we put that insider perspective to work for drivers across Denver and the Front Range. Call our team today at (720) 615-7106, or fill out our online form for a free consultation.
When Does a Traffic Offense Become a Crime in Colorado?
Colorado driving violations can range from traffic infractions to misdemeanor traffic offenses and felony crimes, and the category determines everything about your exposure.
| Tier | What it is | Jail exposure | Examples |
| Traffic infraction | A civil violation, not a crime | None | Most speeding, failure to signal, and equipment violations |
| Misdemeanor traffic offense | A criminal charge | Up to 1 year (varies by class) | Reckless driving, careless driving, and some driving under restraint |
| Felony driving offense | A criminal charge | Prison, often multi-year | Vehicular assault, vehicular homicide, and felony hit and run |
An infraction can cost you money and can add points. A misdemeanor or felony traffic charge can create far more serious consequences, including a criminal record, jail or prison time, and the loss of your driving privileges.
A Denver traffic attorney can identify what is actually at stake, challenge the charge, and work to protect your license, record, and freedom.
Serious Traffic Offenses in Colorado
Serious traffic charges can put more than your driving privileges at risk. A Denver traffic offense lawyer can identify the consequences you are actually facing, challenge the evidence behind the charge, and build a defense aimed at protecting your license and record.
Reckless Driving
Reckless driving under C.R.S. § 42-4-1401 means driving with wanton or willful disregard for the safety of people or property. It’s a class 2 misdemeanor traffic offense, and prosecutors can file it alongside other charges, making your defense strategy important from the start.
Careless Driving
Careless driving under C.R.S. § 42-4-1402 involves driving without due regard for surrounding conditions. Standard careless driving is a class 2 misdemeanor traffic offense, but the charge becomes more serious when the conduct causes bodily injury, serious bodily injury, or death.
Driving Under Restraint
Driving under restraint under C.R.S. § 42-2-138 generally involves driving while your license is suspended, revoked, or denied. The consequences can escalate with your history and the reason for the restraint, making it important to address both the criminal charge and its effect on your driving privileges.
Hit and Run / Leaving the Scene
Under C.R.S. § 42-4-1601 through § 42-4-1606, a driver involved in a crash involving property damage, injury, or death must stop and fulfill specific legal duties. Leaving the scene can range from a misdemeanor traffic offense to a felony, depending on the harm involved.
Vehicular Assault and Vehicular Homicide
Vehicular assault under C.R.S. § 18-3-205 and vehicular homicide under § 18-3-106 are among Colorado’s most serious traffic crimes. These felony cases can turn on causation, crash reconstruction, and chemical testing, making early defense work especially important.
Eluding a Police Officer
Fleeing an officer can lead to either an eluding charge under C.R.S. § 42-4-1413 or felony vehicular eluding under § 18-9-116.5. The circumstances of the pursuit and whether anyone was injured or killed can significantly change the charge and the defense.
Colorado's Point System and License Suspension
Even when a charge is "just" an infraction, points accumulate toward suspension. The number of points that can trigger a suspension and the period in which they count depend on your age.
| Violation | Points |
| Speeding 5–9 mph over | 1 |
| Speeding 10–19 mph over | 4 |
| Speeding 20–39 mph over | 6 |
| Speeding 40+ mph over | 12 |
| Careless driving | 4 |
| Reckless driving | 8 |
| DWAI | 8 |
| DUI / DUI per se | 12 |
| Leaving the scene | 12 |
| Eluding a police officer | 12 |
Suspension thresholds depend on your age:
| Driver age | License suspended at |
| Under 18 | 6+ points in 12 months, or 7+ total while under 18 |
| 18–20 | 9+ points in 12 months, 12+ in 24 months, or 14+ after turning 18 |
| 21 and over | 12+ points in 12 months, or 18+ in 24 months |
A single serious conviction can cross the point threshold on its own. In some cases, including DUI cases, the DMV process is separate from the criminal case, so you can avoid a criminal conviction and still lose your license through the administrative process.
What Is the Habitual Traffic Offender Designation in Colorado?
Colorado can designate you a Habitual Traffic Offender (HTO) if your driving record meets certain conviction thresholds, which can result in a lengthy license revocation.
The DMV designates you an HTO if you accumulate any of the following:
- Three Major Convictions: Three qualifying convictions for offenses committed within seven years, including DUI, DWAI, reckless driving, driving under restraint, vehicular assault or homicide, or leaving the scene of an injury accident.
- Ten Higher-Point Violations: Ten or more convictions for separate moving violations committed within five years carrying four or more points each.
- Eighteen Lower-Point Violations: Eighteen or more convictions for separate moving violations committed within five years carrying three or fewer points each.
An HTO designation generally results in a five-year license revocation. Driving while that revocation remains in effect can also lead to a new criminal charge.
Since HTO status builds from prior convictions, a Denver traffic offenses attorney can review your record, challenge the current charge, and look for ways to prevent another conviction from pushing you closer to habitual-offender status.
How Do Traffic Offenses and DUI Charges Overlap?
Alcohol or drug allegations can make a traffic case much more serious. DUI, DWAI, and DUID can affect your license, add points, and lead to related charges such as driving under restraint.
A Denver traffic attorney can evaluate both the criminal charge and the license consequences so one part of the case doesn’t create additional problems.
Why Can Pleading Guilty to a Traffic Ticket Cost You More Than the Fine?
Paying a traffic ticket usually means accepting a conviction, which can affect more than the amount you owe. The conviction can add points, increase insurance costs, affect employment, and move you closer to suspension or HTO status.
A traffic attorney in Denver can review the charge before you plead guilty and determine whether there is a way to reduce or avoid those consequences.
How Can a Traffic Charge Affect a CDL?
A traffic conviction can threaten your commercial driving privileges even when the violation happened in your personal vehicle. CDL holders face additional state and federal rules, and certain convictions can lead to disqualification.
Our Denver traffic offenses lawyers can identify the CDL consequences before you resolve the case and defend the charge, keeping your ability to continue working in mind.
Facing a Traffic Charge in Denver?
A Denver traffic attorney can defend the charge, protect your driving privileges, and handle the court process for you. Depending on the charge, your case could proceed through Denver County Court or Denver District Court at the Lindsey-Flanigan Courthouse, while municipal cases can be heard at either the Lindsey-Flanigan Courthouse or the City and County Building.
Our Director of Criminal Defense regularly handles serious traffic cases in these local courts and understands how the docket and local procedures can affect your defense.
If you have been cited or charged with a serious traffic offense in Denver, call us at (720) 615-7106 or fill out our online form for a free consultation.
FAQ for Denver Traffic Offenses Lawyer
How Many Points Can Suspend My License in Colorado?
Drivers 21 and older face suspension at 12 points in 12 months or 18 points in 24 months. Colorado uses lower thresholds for younger drivers.
Is Reckless Driving a Crime in Colorado?
Reckless driving is a class 2 misdemeanor traffic offense under C.R.S. § 42-4-1401. A traffic lawyer can challenge the charge and work to limit its effect on your record and license.
What Happens if I Drive on a Suspended License?
Driving under restraint can lead to a new traffic offense and additional license consequences. A lawyer can determine why your license was suspended and defend the new charge.
Should I Just Pay My Traffic Ticket?
Paying a ticket can resolve the citation as a conviction, so it’s worth understanding the consequences first. A Denver traffic attorney can review your points, license risks, and available defense options before you give up the chance to challenge it.
Can a Traffic Offense Become a Felony in Colorado?
Some serious Colorado traffic offenses can result in felony charges. If you face a felony-level allegation, a Denver traffic defense lawyer can challenge the evidence and address the criminal and license consequences together.