(1) A person who drives a motor vehicle, bicycle, electrical assisted bicycle, electric scooter, 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, electrical assisted bicycle, or electric scooter is not subject to section 42-2-127.
(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense. Upon a second or subsequent conviction, such person shall be punished by a fine of not less than fifty dollars nor more than one thousand dollars, or by imprisonment in the county jail for not less than ten days nor more than six months, or by both such fine and imprisonment.
Source: L. 94: Entire title amended with relocations, p. 2392, § 1, effective January 1, 1995. L. 2009: (1) amended, (HB 09-1026), ch. 281, p. 1279, § 57, effective October 1. L. 2019:
(1) amended, (HB 19-1221), ch. 271, p. 2561, § 11, effective May 23. Editor's note: This section is similar to former § 42-4-1203 as it existed prior to 1994, and the former § 42-4-1401 was relocated to § 42-4-1601.
Cross references: For operating a vehicle in a reckless manner while eluding a peace officer, see § 18-9-116.5; for provision that the operation of vehicles and the movement of pedestrians pursuant to this section apply upon streets and highways and elsewhere throughout the state, see § 42-4-103 (2)(b).
Notes of Decisions
Cited in
23
cases (
4 in the last 5 years), 1981–2026 · leading case:
People v. Rickstrew, 775 P.2d 570 (Colo. 1989).
People v. Rickstrew, 775 P.2d 570 (Colo. 1989).
· cites it 61× “In declaring section 42-4-1401 unconstitutional the trial court stated: [I]t becomes apparent that the behavior prohibited by C.R.S. 42-4-1401 is in fact indistinguishable from that described at C.”
Lopez v. People, 113 P.3d 713 (Colo. 2005).
· cites it 6× “(2001); [4] and Reckless Driving, see section 42-4-1401(1), 11 C.R.S. (2001). [5] The prosecution filed a motion to revoke Lopez's deferred possession judgment and sentence in light of the vehicular homicide conviction.”
People v. Mumaugh, 644 P.2d 299 (Colo. 1982).
· cites it 15× “Section 42-4-1401, C.R.S. 1973 (1980 Supp.”
v. Procasky, 2019 COA 181 (Colo. Ct. App. 2019).
· cites it 2× “3d 871, 875 (quoting § 42-4-1401(1), C.R.S. 2019). In Dutton, the division found that the defendant attempted to elude officers, and an officer testified that he saw the defendant • spin his wheels so that they threw up sand and gravel; • accelerate rapidly; • travel at high…”
v. Dominguez, 2019 COA 78 (Colo. Ct. App. 2019).
“” § 42-4-1401(1), C.R.S. 2018. “[R]eckless driving is a lesser included offense of vehicular eluding.”
People v. Zweygardt, 298 P.3d 1018 (Colo. Ct. App. 2012).
· cites it 4× “1997) (concluding that reckless driving, § 42-4-1401, C.R.S.2011, is a lesser included offense of vehicular’ eluding, § 18-9-116.”
People v. Pena, 962 P.2d 285 (Colo. Ct. App. 1997).
· cites it 6× “Defendant also requested that the trial court instruct the jury that the offenses of reckless driving, under § 42-4-1401, C.R.S. 1997, and careless driving under § 42-4-1402, C.”
Riley v. People, 828 P.2d 254 (Colo. 1992).
· cites it 3× “1, 18-8-306, 18-8-502(3), 18-8-603(1), 18-8-606(2), 18-8-607(2), 18-8-608, 18-8-703(2), 18-8-704, 18-8-707(2), 18-9-103, 18-9-104, 18-9-116.5, 18-9-119(5), 18-12-102(3), 18-12-108, 18-12-109(2), (5), (6), and (8), 18-13-104, 18-15-102, 18-15-107, 18-18-105(2)(b)(I), and…”
People v. Scarlett, 985 P.2d 36 (Colo. Ct. App. 1998).
· cites it 3× “The offense of “reckless driving” is defined in the Traffic Code in § 42-4-1401(1), C.R.S. 1998: Any person who drives any motor vehicle, bicycle, or motorized bicycle in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is…”
People v. Hunter, 666 P.2d 570 (Colo. 1983).
· cites it 3× “1 Specifically, the charges include leaving the scene of an accident, section 42-4-1401, C.R.S.1973 (1982 Supp.”
People v. Czemerynski, 786 P.2d 1100 (Colo. 1990).
“2d at 575 (“When construing the statutes [sections 42-4-1401 and -1406, 17 C.R.S. (1984)] as a whole, it is readily apparent that the two statutes are not ‘indistinguishable’ even though both statutes may in part ‘match virtually word for word.”
People v. Dutton, 356 P.3d 871 (Colo. Ct. App. 2014).
· cites it 3× “" § 42-4-1401(1), C.R.98.2018. 122 A person commits vehicular eluding when, "while operating a motor vehicle, [he *875 or she} knowingly eludes or attempts to elude a peace officer also operating a motor vehicle, and .”
— Colo. Rev. Stat. § 42-4-1401(1) — 12 cases
Lopez v. People, 113 P.3d 713 (Colo. 2005).
“(2001); [4] and Reckless Driving, see section 42-4-1401(1), 11 C.R.S. (2001). [5] The prosecution filed a motion to revoke Lopez's deferred possession judgment and sentence in light of the vehicular homicide conviction.”
v. Procasky, 2019 COA 181 (Colo. Ct. App. 2019).
“3d 871, 875 (quoting § 42-4-1401(1), C.R.S. 2019). In Dutton, the division found that the defendant attempted to elude officers, and an officer testified that he saw the defendant • spin his wheels so that they threw up sand and gravel; • accelerate rapidly; • travel at high…”
v. Dominguez, 2019 COA 78 (Colo. Ct. App. 2019).
“” § 42-4-1401(1), C.R.S. 2018. “[R]eckless driving is a lesser included offense of vehicular eluding.”
People v. Mumaugh, 644 P.2d 299 (Colo. 1982).
“Section 42-4-1401, C.R.S. 1973 (1980 Supp.”
People v. Scarlett, 985 P.2d 36 (Colo. Ct. App. 1998).
“The offense of “reckless driving” is defined in the Traffic Code in § 42-4-1401(1), C.R.S. 1998: Any person who drives any motor vehicle, bicycle, or motorized bicycle in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property is…”
— Colo. Rev. Stat. § 42-4-1401(2) — 2 cases
People v. Dutton, 356 P.3d 871 (Colo. Ct. App. 2014).
“" § 42-4-1401(1), C.R.98.2018. 122 A person commits vehicular eluding when, "while operating a motor vehicle, [he *875 or she} knowingly eludes or attempts to elude a peace officer also operating a motor vehicle, and .”
— Colo. Rev. Stat. § 42-4-1401(2)(c) — 1 case
People v. Rickstrew, 775 P.2d 570 (Colo. 1989).
“In declaring section 42-4-1401 unconstitutional the trial court stated: [I]t becomes apparent that the behavior prohibited by C.R.S. 42-4-1401 is in fact indistinguishable from that described at C.”
— Colo. Rev. Stat. § 42-4-1401(3) — 1 case
People v. Mumaugh, 644 P.2d 299 (Colo. 1982).
“Section 42-4-1401, C.R.S. 1973 (1980 Supp.”
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