[CO] What penalties come with careless driving and failure to stop after a minor collision?
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I have a court summons in a few months for careless driving, passing in the left lane when traffic was not clear, and failing to stop and provide information and aid. In Colorado. Nobody was injured and damage was very minor, if any.
I understand that dealing with a court summons can be stressful. Can you tell me if you have already consulted with a lawyer regarding this matter?
No.
Have you received any specific charges or penalties outlined in the summons?
No.
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your court summons.
I don't think so.
Hello, and thank you for reaching out! I'm Jon, a licensed attorney with over 14 years of experience, here to help. I understand legal matters can feel overwhelming, but you're in good hands. My goal is to explain things clearly and guide you toward the best possible solution for your situation. Just a quick note: our conversation is for general legal information only and does not create an attorney-client relationship.
Which state is this occurring in?
Colorado.
Thanks. Could you tell me more about the circumstances surrounding the incident? For example, what led to the charges of careless driving and failing to stop and provide information?
I was driving home, at the speed limit, and I guess I clipped another car's mirror.
Got it, thanks for sharing that. Have you had any previous traffic violations or tickets before this incident?
I had no valid plates and a small speeding ticket last October.
Understood! I believe I have all the information I need. Is there anything else you'd like to add before I start working on your answer? If not, I'll get started right away.
I don't think there is.
Got it! I just need a few minutes to put together a complete response for you. It shouldn't take longer than about 4 to 5 minutes, and I want to make sure it's clear and comprehensive. Thanks so much for waiting, I really appreciate your patience.
Sure.
Receiving a court summons can be stressful, especially when several charges are listed at the same time. The positive part is that no one was injured, and the damage appears to have been minor. Under Colorado law, those facts can make a significant difference because the situation is not being treated like a serious accident involving injuries or major property damage. However, these charges are still considered criminal traffic offenses, which means you generally cannot just pay them online and move on. You will need to appear in court and address them properly.
The charges you are facing appear to involve careless driving and leaving the scene of an accident. Careless driving under C.R.S. § 42-4-1402 means operating a vehicle without paying proper attention or failing to use reasonable care under the circumstances. Since you moved left when traffic was not completely clear and another vehicle's mirror was clipped, the officer likely determined that your driving did not meet the required standard.
A careless driving conviction can result in 4 DMV points. The possible penalties under the statute include up to 90 days in jail and/or a fine of up to $300.
The other charge, failing to stop and provide information or aid under C.R.S. § 42-4-1601 and § 42-4-1602, is often referred to as a "hit and run." Even when the contact is minor, Colorado law generally requires a driver involved in a collision to stop, provide identifying information, and handle the exchange of information as required. A situation involving only a mirror being clipped is still considered a collision under the law.
The DMV point consequences for this type of charge can vary depending on how the officer and the DMV classify the offense. It may result in 4 to 12 points, with leaving the scene of an accident involving damage to another occupied vehicle typically carrying a more serious point impact.
The exact number of points will depend on the specific charge code and final outcome of the case. The biggest concern may be the impact on your driver's license. Under Colorado's point-based license suspension system, C.R.S. § 42-2-127, an adult driver who is 21 or older can face a license suspension after accumulating 12 points within a 12-month period or 18 points within a 24-month period. If this incident results in enough points, it could place you at or above the suspension threshold. Your prior speeding ticket from last October may also count because it falls within the relevant 12-month period.
Before your court date, it would be a good idea to speak with a Colorado traffic defense attorney. These cases often involve opportunities to negotiate with the prosecutor, especially when there were no injuries and the damage was minor. An attorney may be able to work toward reducing the charges, lowering the number of points, or having a more serious charge dismissed in exchange for resolving the case another way.
Your attorney would also be able to present the circumstances in the best possible light, including that the contact was accidental, the damage was limited, and no one was harmed. Protecting your driving record and avoiding a license suspension would likely be a major goal.
Many traffic attorneys offer free consultations, so it may be worth contacting a few before your hearing. Having someone review the summons, explain the possible outcomes, and negotiate on your behalf could make a significant difference in protecting your license, insurance rates, and driving record.
How long could the suspension be? What are the fines?
In Colorado, a point suspension typically lasts between 6 months and a year, though you can request a DMV hearing to fight for a shorter timeframe or a probationary license for work. Because these are misdemeanor charges, the base fines usually total between $300 and $600, but added court surcharges and repairing the other driver's mirror will push that final cost higher. Fortunately, because no one was hurt and the damage was minor, a local traffic attorney has a great chance of negotiating the charges down to keep your fines low and protect your license. Does that help clear things up for you? If you have any other questions or need more help, please don't hesitate to ask!
How long will my license be suspended? Or is there alternatives to that happening?
If you hit the point limit, your license would be suspended for 6 months to a year, but you can avoid this entirely by having a lawyer negotiate a plea deal or deferred judgment to lower or dismiss the points before they ever reach the DMV. Even if a suspension is triggered, you can request a DMV hearing to fight for the minimum timeframe or secure a probationary "Red License" that legally lets you drive to work and essential appointments. Because no one was hurt and the damage was minor, prosecutors are usually very open to these alternatives.
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