Legal Question in Traffic Law in Colorado

Re: Improper Backing

Hello:

There are four charges that can be written on private property as well as public property: Reckless driving, careless driving, DUI, and Improper backing. There is no distinction among any of the numerous motor vehicle charges as to whether they can only be written in commercial areas or residential areas, so I am confused as to what the officer is talking about.

I wonder if the accident happened on private property and he told you that he had to write careless because he did not know he could also write improper backing on private property as well.

From the facts that you provided, I do not believe he should have charged you with careless driving (a 4 point ticket); rather, he should have charged you merely with improper backing (a 2 point ticket, and about half the fine). In my opinion, unless he had additional facts such as high speed, careless disregard, etc., the careless charge is an overcharge. My suggestion to you is to bring this matter up with the prosecutor and see if he will reduce the charge. If you need anything further, feel free to call me. David Colt