Fort Collins Reckless Driving Attorney
Transporting Christmas Tree May Result in Careless or Reckless Driving Charges

Tying a very large Christmas tree to your car and having it affect your driving may result in Reckless Driving or Careless Driving charges in Fort Collins.

It’s not uncommon to see people driving around Fort Collins, Loveland, and Estes Park with a Christmas tree attached to the roof of their car this time of year. It is, however, not so common to see a tree so large it practically overtakes the car. This was the situation one police officer saw, and he pulled them over in response. According to the report, it is not known if the driver was ticketed, but if this had occurred in Larimer, Boulder, or Grand County, a ticket for Reckless Driving or Careless Driving could have been issued, depending on if the tree was affecting the driver’s ability to drive.

Larimer County Reckless Driving Lawyer: Definition of Reckless Driving for Obstruction Due to Christmas Tree

The Larimer, Boulder, and Grand County, Colorado law definition of Reckless Driving – C.R.S. 42-4-1401 – is:

A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is guilty of reckless driving. A person convicted of reckless driving of a bicycle or electrical assisted bicycle shall not be subject to the provisions of section 42-2-127.

It could be argued that if the tree obstructed the driver’s view, driving with it in that condition is a willful disregard for the safety of others. As a class 2 misdemeanor traffic offense, Reckless Driving is punishable by 10 to 90 days in the Larimer County Jail and up to $300 in fines. A conviction of Reckless Driving will also add 8 points to the person’s driver’s license.

Careless Driving Attorney in Fort Collins: Definition of Careless Driving

The Colorado law definition of Careless Driving – C.R.S. 42-14-1402 – is:

A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter 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, is guilty of careless driving.

Again, if the tree caused the driver to operate the vehicle in a careless way, then Careless Driving can apply. If no injuries result, Careless Driving is also a class 2 misdemeanor traffic offense, but only adds 4 points to a person’s drivers license.

If you or someone you love has been ticketed for Careless Driving or Reckless Driving, be smart, exercise your right to remain silent, and contact Fort Collins’ best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.

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