Class 2 Misdemeanor Traffic Offense – Colorado Law & Penalties

Class 2 misdemeanor traffic offenses in Colorado are punishable by 10 to 90 days in county jail and/or $150 to $300 in fines, plus DMV points. Traffic misdemeanor convictions can never be sealed from your criminal record. But prosecutors are sometimes willing to reduce the charge down to a traffic infraction or even grant a dismissal.

In this article, our Colorado criminal defense attorneys discuss:

• 1. What are class 2 misdemeanor traffic offenses?
• 2. What is the sentence for class 2 misdemeanor traffic offenses in Colorado?
• 3. What are examples?
• 4. Can class 2 misdemeanor traffic offenses be sealed?
• 5. What happens if I ignore my traffic ticket?
• 6. Can I request a jury trial?
• 7. What is the criminal statute of limitations for class 2 misdemeanor traffic offenses?
• 8. Can I keep my firearm?

Speeding violations of going at least 25 mph over the limit is a class 2 misdemeanor traffic offense in Colorado.

1. What are class 2 misdemeanor traffic offenses?

Class 2 misdemeanor traffic offenses are a category of Colorado driving crimes. They carry laxer penalties than class 1 misdemeanor traffic offenses.¹

2. What is the sentence for class 2 misdemeanor traffic offenses in Colorado?

Colorado penalties for class 2 misdemeanor traffic offenses include 10 days to 90 days of jail time and/or $150 to $300 in fines, plus DMV points. Colorado drivers who accrue too many DMV points will get their driving privileges suspended.²

The judge can allow you to complete community service / public service in place of paying the fine.

Note that misdemeanor traffic offenses are Colorado crimes. Therefore, they are more serious than traffic infractions – which are civil violations. The maximum penalty for traffic infractions is only fines, surcharges, and court costs – not jail.

Ten examples of class 2 misdemeanor traffic offenses in Colorado include:

1. Reckless driving (CRS 42-4-1401)
2. Careless driving (CRS 42-4-1402), without causing serious bodily injury
3. Knowingly conducting a speed contest (CRS 42-4-1105)
4. Exceeding the speed limit (CRS 42-4-1101) by 25 mph or more not in a construction zone, maintenance zone, or repair zone.
5. Driving without a valid driver’s license (CRS 42-2-101)
6. Unlawful possession of driver’s license (CRS 42-4-136)
7. Making a false affidavit to the DMV (CRS 42-2-137)
8. Failure to notify police of an accident in Colorado (CRS 42-4-1606)
9. Eluding a police officer / law enforcement officer in a motor vehicle (CRS 42-4-1413)
10. Hit-and-run (CRS 42-4-1602) causing property damage

See the state government’s official list of class 2 misdemeanor traffic offenses in Colorado.

4. Can class 2 misdemeanor traffic offenses be sealed?

No. Convictions for class 2 misdemeanor traffic offenses can never be sealed. These traffic law violations stay on your criminal and driving record forever.

Therefore, drivers cited for a traffic misdemeanor are encouraged to fight the case to try to get the charge lessened or dropped. If the charge gets dismissed, the case can be sealed right away.³

Learn how to get criminal records sealed in Colorado.

Convictions for class 2 misdemeanor traffic offenses cannot be sealed from criminal records in Colorado.

5. What happens if I ignore my traffic ticket?

The consequence of ignoring a ticket for a class 2 misdemeanor traffic offense is serious. There will be an issuance bench warrant for your arrest. And the DMV will impose a driver’s license revocation until the case is resolved and the fine is paid off.⁴

6. Can I request a jury trial?

Yes. Everyone facing class 2 traffic misdemeanor charges in Colorado may have a jury trial of six jurors. You can ask for a smaller jury (of no less than three jurors). Or you can ask for a bench trial (where the judge decides the verdict).⁵

7. What is the criminal statute of limitations for class 2 misdemeanor traffic offenses?

Colorado prosecutors have one year after a class 2 misdemeanor traffic offense allegedly occurs to press charges. Learn more about criminal statutes of limitations in Colorado.⁶

8. Can I keep my firearm?

Yes. Traffic misdemeanor convictions do not affect gun rights.

Additional Reading…

Go to our Colorado traffic misdemeanor main page. Also see our articles about Colorado misdemeanors, Colorado felony crimes (including unclassified felonies), class A traffic infractions, and class B traffic infractions.

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Legal References

1. Colorado Revised Statute 42-4-1701; see also People v. Hernandez, (2011) 250 P.3d 568; see also People v. Sims, (2002, Court of Appeals of Colorado, Division Three) COA 78, 474 P.3d 189.
2. Same.
3. CRS 24-72-701 – 708.
4. Colorado Department of Revenue – Frequently Asked Questions (outstanding judgment warrants – OJWs); County Court Traffic Violations pamphlet, Colorado government.
5. CRS 18-1-406.
6. CRS 16-5-401.