Criminal Defense

Traffic Offenses

Our firm offers strategic legal counsel and representation for individuals facing traffic violations, working to minimize penalties, protect driving privileges, and advocate for the best possible resolution in their cases.

Car Accidents

Have you been charged with a traffic offense or DUI in relation to a Car Accident?

  • At Smith & Weidinger we know car accidents well. We not only know how to protect your rights against a criminal charge. Our firm has deep experience negotiating with insurance companies and medical providers. We can help to ensure that your insurance company or that of the other driver treats you correctly. We have experience with restitution hearings as well as civil damages. Smith & Weidinger can fight to keep you from getting a conviction, make sure you're treated right by your insurance company, and also attempt to mitigate any economic damages you may suffer.
  • Just because you are in a car wreck doesn't automatically mean a crime or infraction occurred. We can help protect your rights throughout the entire process.

Careless Driving

Careless Driving § 42-4-1402 is defined in Colorado as a person who drives a motor vehicle 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. It is a class 2 misdemeanor traffic offense with more serious penalties if the act results in injury or death to another person. A conviction results in a four points penalty against a Colorado driver's license.

One must always be concerned about restitution and potential collateral consequences when charged with an offense such as this. Just because you are accused doesn't mean you are guilty. Often state troopers, county deputies, or police officers will just charge this when they don't know what happens. Don't fold like a cheap card table if you're faced with such charges.

DMV Consequences

Check your Colorado Driver's History here:

Adults 21+ generally are allowed to accumulate up to 12-points in a year or 18-points in a two year period. If you are facing a revocation due to the accumulation of points you should talk to an attorney. There are tactics and negotiations that could be available to allow you to keep your driver's license. Know your rights!

Driving While Suspended

Driving Under Restraint, § 42-2-138: if you drive without a suspended driver's license in Colorado you can face the charge of driving under restraint. For a non-alcohol revocation this is usually handled as a fine though jail could be involved. For those revoked due a violation of Express Consent through DMV (either a refusal or having over an .08 BAC), a conviction for DUI or other similar offense the penalty for "DUR-Alc" could be a mandatory minimum 30 days in jail. It is therefore important to know the status of your driver's license. You can check the status of your Colorado Driver's License at

  • Can you avoid the mandatory jail for DUR-Alc? - it is possible under certain circumstances to negotiate a plea agreement to a lesser charge or another form of DUR that allows a Defendant to avoid jail. However, much depends on the driver's record and details of the individual case.
  • What if I was never notified that my license was suspended? - it is up to the prosecutor to prove you had legal notice of your revocation. This may be an element that can be disputed in negotiations with the prosecutor or even at trial.

Driving After Revocation Prohibited, § 42-2-206: is charged when someone designated as a habitual traffic offender is is caught driving on a revoked license. There is a possible mandatory minimum term of 30 days in jail and/or a $3000 fine. The jail can sometimes be avoided by the performance of Useful Public (Community) Service.

Hit & Run

In Colorado Hit & Run is covered by several statutes.

  • Accident Involving Damage, § 42-4-1602: requires that a person involved in an accident involving damage shall immediately stop at the scene or as close to it as practical until information has been exchanged.
  • Duty to Give Notice, Information and Aid, § 42-4-1603: requires a driver causing injury or damage to provide their name, address, and registration number of their vehicle. They are further required to provide aid for any person injured by their actions.
  • Duty upon Striking Unattended Vehicle or Property, § 42-4-1604: requires a person striking unattended property or parked vehicle to stop, locate the owner or leave the required information via writing in a conspicuous place. The driver shall also report the accident to authorities.
  • Duty upon Striking Highway Fixtures or Traffic Control Devices, § 42-4-1605: requires notification to the road authority owner that fixture or device (often a sign).
  • Duty to Report Accidents, § 42-4-1606: requires the reporting of any accident involving damage or injuries to police.

Any of these offenses can result in a fine and/or jail as well as a 12-point offense that can revoke a driver's license.

What if I or a vehicle belonging to me was involved in an accident that has not been reported to law enforcement?

Please call us at (720)996-2600 or email freeconsult@SWLaw.CO to discuss your rights and options.

Other Major Traffic Offenses

Eluding § 42-4-1413: occurs when a person disregards an audio or visual siren from a law enforcement vehicle and willfully increases speed, extinguishes their lights, or willfully attempts to elude the police officer. This version of eluding is a class 2 misdemeanor traffic offense.

No Proof of Insurance § 42-4-1409: in Colorado a person is required have valid car insurance while operating a motor vehicle and provide proof of that when requested by a peace officer. There is a minimum $500 fine for a first offense and a person can be jailed on this charge.

Reckless Driving

Reckless Driving, § 42-4-1401 in Colorado is defined as a person who drives a motor vehicle in such a manner as to indicate a wanton and willful disregard for the safety of persons or property is guilty of reckless driving. It is classified as a class two misdemeanor traffic offense punishable by fine and/or jail.

Were you injured in wreck were reckless driving was involved?

Call or email us for a free consult. We have significant experience dealing with insurance companies and medical providers. We cannot only provide representation in Court but ensure that your insurance company or that of the other driver fulfills their contractual obligations to you.