School parking lots can be absolutely crazy. In essence, you have at least half the student body being wrangled by their teachers who are trying to make sure each student is leaving with the correct parent or chaperone. In the midst of all of this, parents are trying to navigate the parking lot and leave safely without hitting another car or child. When the unthinkable happens and an accident does occur, panic ensues. This is exactly what occurred at an Adams County School recently. A mother picking up her children at the school accidentally put her car in reverse instead of drive. She ended up backing up onto the sidewalk, hitting three kids and pinning them against the wall. The children were injured, but thankfully, no life threatening injuries were suffered. The driver was charged with three counts of Careless Driving Causing Bodily Injury and one count of Driving Without a License.
Careless Driving Causing Bodily Injury in Larimer and Adams County
The Colorado law definition of Careless Driving – C.R.S. 42-4-1402 – is:
Normally, Careless Driving is a class 2 misdemeanor traffic offense. However, if the Careless Driving results in bodily injury or death, the charge is increased to a class 1 misdemeanor traffic offense which is punishable by 10 days – 1 year in the Larimer, Boulder, or Grand County Jail and up to $1,000 in fines. Because the woman was charged with 3 counts of Careless Driving Causing Bodily Injury, the judge could choose to run her sentences consecutively. This would mean her sentences would run one after the other. If the judge sentenced her to the maximum penalty of 1 year on each count and ran the sentences consecutive, she would be looking at 3 years in the county jail.
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Driving without a License in Fort Collins
According to C.R.S. 42-2-101 – Licenses for Drivers Required, it is unlawful to drive without a valid drivers license. There are 3 different situations described in the statute:
- It is illegal for a person to drive a vehicle unless the person has been issued a current valid driver’s license or minor’s driving permit.
- It is illegal for a person to drive a vehicle if the person’s driver’s license or permit has been expired for 1 year or less and has not been issued another.
- It is illegal for a person to drive a vehicle unless the person has a valid driver’s license or permit in their immediate possession.
If the woman from the story above had a driver’s license, but didn’t have it with her or it had expired within a year, it is a class B traffic infraction, which is punishable by a fine of $15-$100 in Fort Collins, Loveland, and Estes Park. If she never was issued a license, it is a class 2 misdemeanor traffic offense, which is punishable by 10 to 90 days in county jail and up to $300 in fines. Of course, if her driving privilege and driver’s license had been suspended or revoked, she could be charged with Driving Under Restraint.
Larimer County Driving Under Restraint
In our state, the Department of Motor Vehicles can revoke, suspend, or place a license under restraint. The catch all phrase for a violation of these options is Driving Under Restraint, located at C.R.S. 42-2-138. It is a pretty significant violation, since it includes driving after a DUI / DWAI conviction, excessive points suspension or other revocation. The penalty can include a mandatory sentence to the Larimer County Jail. Always have a traffic attorney at your side when jail is mandatory. Your freedom and criminal records are worth the investment.