Colorado - Careless driving citation changed to "Traffic Offense"

This is a discussion on Colorado - Careless driving citation changed to "Traffic Offense" within the Traffic & Speeding Tickets forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; I am scheduled to appear in court later this week in Lakewood, CO concerning a careless driving citation. I received ...

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Old Jul 18th, 2011, 12:18 PM   #1
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Default Colorado - Careless driving citation changed to "Traffic Offense"

I am scheduled to appear in court later this week in Lakewood, CO concerning a careless driving citation. I received the citation last month due to a fender-bender in which my vehicle rear-ended another vehicle. The lady in the other vehicle informed me at the time that she will not appear in court as a witness for the prosecutor. A couple weeks after the incident, I received a notice from the prosecutor that he is seeking to change my citation from "Careless Driving" to "Traffic Offense". What does this mean? Will the case be dismissed because the other driver will not show up in court?

Thanks for your time.
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Old Jul 18th, 2011, 01:45 PM   #2
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Default Re: Colorado - Careless driving citation changed to "Traffic Offense"

I wish to inform you that Colorado Revised Statutes Section 42-4-1402 governs careless driving. In this regard careless driving is one of the traffic offences and therefore if your offence has to be changed then the new offence must be informed to you. Change in traffic offence may not mean dismissal of ticket. You may present in court and contest charges.

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Old Jul 18th, 2011, 01:56 PM   #3
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Default Re: Colorado - Careless driving citation changed to "Traffic Offense"

Thank you for your quick response.

So, 'traffic offense' is not a specific charge, huh? According to the Lakewood prosecutor, that is what I am being charged with, now. Can I contact the prosecutor's office to find out what my charge is specifically? Or do I need to contact someone else?
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Old Jul 20th, 2011, 02:24 AM   #4
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Lightbulb Re: Colorado - Careless driving citation changed to "Traffic Offense"

Road rage is now being considered a traffic offense that disregards the safety of others. Little good comes out of getting angry with other drivers. It can cost you greatly in the long-term. Aggressive driving accounts for nearly one-third of all crashes and fatalities.
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Old Jul 21st, 2011, 10:23 AM   #5
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Default Re: Colorado - Careless driving citation changed to "Traffic Offense"

The term "traffic offense" is too vague to stand and defend. Every infraction listed in a state's traffic code is a "traffic offense."

I would move on Constitutional grounds to have it dismissed. The Constitution guarantees one has a right to know the specific offense they are being charged with so they may prepare their defense. It is an element of due process. I suggest you move for dismissal on the grounds mentioned here.
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Old Jul 21st, 2011, 11:00 AM   #6
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Default Re: Colorado - Careless driving citation changed to "Traffic Offense"

Thank you very much for your replies.

It turned out that I misread the notice. The prosecutor was amending the type of citation to 'Traffic Offense'. The ticketing police officer had marked 'Traffic Accident' as the type of infraction. The Careless Driving charge was unchanged. I went to court for this issue this morning and made a plea bargain with the prosecutor.

HuonCloutier - I don't think road range had anything to do with my particular issue. It was just a simple case of distraction on my part (a fancy Audi was driving by and I was looking at it).
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Old Jul 22nd, 2011, 05:50 AM   #7
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Default Re: Colorado - Careless driving citation changed to "Traffic Offense"

It seems that the prosecutor wants to change the citation only because in Colorado careless driving is included as a Traffic offense. Remember, by going to change the citation from careless driving to traffic offense does not mean that ticket will get dismissed automatically. You have to contest the case by adducing evidence. It is better advised that you may consult with a Trafficking Attorney who can give a proper guidance in this regard.
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Old Jan 6th, 2013, 11:18 PM   #8
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Hi, I know it's been a while, but how did everything play out with the judge and prosecutor in detail if u dont mind my asking....bc I had the very same incident happen recently and my online searches have instilled a level of fear in me about how it's gonna be handled. Mine was a rear-ender too...no injuries...and I haven't spoken with the other driver. Should I call him? I'm nervous lol and not lol @ all.

Thanks,
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Originally Posted by fordguy58 View Post
Thank you very much for your replies.

It turned out that I misread the notice. The prosecutor was amending the type of citation to 'Traffic Offense'. The ticketing police officer had marked 'Traffic Accident' as the type of infraction. The Careless Driving charge was unchanged. I went to court for this issue this morning and made a plea bargain with the prosecutor.

HuonCloutier - I don't think road range had anything to do with my particular issue. It was just a simple case of distraction on my part (a fancy Audi was driving by and I was looking at it).
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Old Jan 1st, 2014, 12:17 PM   #9
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Hello, I have a question on this same subject. My son was rear ended a truck and there was no damage to the truck however my car pretty much totaled (1998 Honda accord) he was driving home from work and the truck that was in front of him came to a complete stop, my son couldn't avoid the accident because if he would have tried to get into the other lane another car would have hit him and the outcome would have been alot worse. My son slammed his door on the brakes and my car didn't completely stop and rear ended the truck no damage to the guys truck, cops were called the officer didn't let my son say what happened, he was given a ticket for careless driving and no proof of insurance. Reading the possibilities of what can happen is bringing me to tears because he was on his way to the air force and is now unable to do so until the disposition of this case, I am in need of some help of what to do here??? Please help, I have tons of questions but I am worried about him and if he will be sentenced to jail?? DESPERATE MOM....PLEASE HELP!!!!
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Old Jan 1st, 2014, 12:20 PM   #10
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Sorry I meant to say that my son rear ended a truck and that he slammed his foot on the brakes....I apologize for the typos
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