What is Felony Speeding in Colorado?
In the state of Colorado, felony speeding refers to a serious criminal offense that is punishable by severe penalties, including imprisonment, fines, and loss of driving privileges. Colorado Revised Statute (C.R.S.) 42-4-1304 defines felony speeding as driving at a speed that is 25 miles per hour or more above the posted speed limit, or 35 miles per hour or more above the posted speed limit on a multilane highway, when the circumstances of the speeding are extreme and reckless, and when the speeding poses an imminent danger to another person or property.
The Elements of Felony Speeding
To prove a charge of felony speeding in Colorado, the prosecution must establish the following elements:
- Speed: The defendant drove at a speed that was 25 miles per hour or more above the posted speed limit, or 35 miles per hour or more above the posted speed limit on a multilane highway.
- Circumstances: The defendant’s speeding was extreme and reckless, and posed an imminent danger to another person or property.
- Knowledge: The defendant was aware that their speed was excessive and posed a risk to others.
The Consequences of Felony Speeding
If convicted of felony speeding in Colorado, the penalties can be severe. These may include:
- Imprisonment: A minimum of 2 to 6 years in the Colorado Department of Corrections.
- Fines: A fine of up to $10,000.
- Loss of Driving Privileges: A revocation of driving privileges for a minimum of 5 years.
- Ignition Interlock Device: A requirement to install an ignition interlock device in any vehicle owned or operated by the defendant.
Examples of Felony Speeding
While speeding can be a reckless and dangerous behavior, not all speeding offenses rise to the level of felony speeding. To qualify as felony speeding, the circumstances must be extreme and reckless. Here are some examples of situations that might rise to the level of felony speeding:
- Driving at a speed of 100 miles per hour on a busy highway, putting multiple lives at risk.
- Passing another vehicle in a school zone, endangering the lives of pedestrians and school children.
- Weaving in and out of lanes on a multi-lane highway, forcing other drivers to take evasive action to avoid a collision.
Defenses to Felony Speeding
While the consequences of felony speeding are severe, there are defenses that may be available to those charged with this offense. These may include:
- Mistake of Fact: If the defendant was unaware of the posted speed limit, or believed that the road conditions made it safe to drive at a higher speed.
- Reasonable Speed: If the defendant was driving at a reasonable speed based on the road conditions, and the posted speed limit was excessive.
- Duress: If the defendant was driving under duress, such as being chased by a dangerous person or animal, and the speeding was a necessary response to the emergency situation.
Conclusion
Felony speeding is a serious criminal offense in Colorado, punishable by severe penalties. To avoid the consequences of felony speeding, it is essential to be aware of the posted speed limits, and to drive defensively and responsibly. If you have been charged with felony speeding, it is essential to consult with an experienced criminal defense attorney who can help you develop a strong defense and advocate for your rights.
Table: Felony Speeding in Colorado
| Element | Description |
|---|---|
| Speed | 25 mph or more above posted limit, or 35 mph or more above posted limit on multilane highway |
| Circumstances | Extreme and reckless, posing an imminent danger to another person or property |
| Knowledge | Defendant was aware of excessive speed and risk to others |
Bullets: Consequences of Felony Speeding
• Imprisonment: 2 to 6 years in Colorado Department of Corrections
• Fines: Up to $10,000
• Loss of Driving Privileges: 5-year revocation
• Ignition Interlock Device: Mandatory installation
