In Colorado, criminal speeding means driving 25 miles per hour or more over the posted limit, and it is a Class 2 misdemeanor traffic offense rather than a routine ticket. That threshold triggers a mandatory court appearance, exposure to jail time, fines, license points, and a criminal record. In a construction zone, the same conduct is charged one step higher, as a Class 1 misdemeanor.
What Counts as Criminal Speeding
Colorado draws the line at 25 mph over. Under C.R.S. 42-4-1101(12), driving 1 to 24 mph over the limit is a Class A traffic infraction, essentially a civil ticket. At 25 mph or more over, the violation becomes a Class 2 misdemeanor traffic offense.1Justia. Colorado Code 42-4-1101 – Speed Limits
The statute measures the 25-over threshold two ways: exceeding the reasonable and prudent speed for conditions, or exceeding the maximum lawful speed limit of 75 mph. Driving 100 on a road posted at 75 puts you right at the criminal line. So does 70 in a 40 zone. Officers typically establish speed with radar, LIDAR, or pacing.
Location alone can escalate the charge. Committing the same 25-mph-over violation inside a properly designated construction zone bumps the offense to a Class 1 misdemeanor traffic offense.1Justia. Colorado Code 42-4-1101 – Speed Limits The driver does not have to be going faster or driving more dangerously. The zone itself does the work. C.R.S. 42-4-614 requires that these zones be posted with signs warning of increased penalties, and if the signage was missing or defective, that becomes a defense worth raising.2FindLaw. Colorado Code 42-4-614 – Designation of Highway Maintenance, Repair, or Construction Zones – Signs – Increase in Penalties for Speeding Violations
Fines and Jail Time
C.R.S. 42-4-1701 sets the sentencing ranges. For a Class 2 misdemeanor traffic offense (25+ mph over outside a work zone), the fine runs from $150 to $300, with jail from 10 to 90 days, or both. For a Class 1 misdemeanor traffic offense (25+ mph over in a construction zone), the fine runs from $300 to $1,000, with jail from 10 days up to one year, or both.3FindLaw. Colorado Code 42-4-1701 – Traffic Offenses and Infractions Classified – Penalties – Penalty and Surcharge Schedule
Those are base fines. Court costs and mandatory surcharges, including contributions to the Victim Compensation Fund, stack on top. The total you actually pay is usually well above the statutory range.
In practice, judges rarely impose jail on a first-time offender when no one was hurt, but the 10-day minimum exists in both classes and judges have wide discretion. Repeat offenders, drivers caught at extreme speeds, and anyone whose speed endangered others see actual jail time more often. Prosecutors sometimes offer plea deals that substitute probation, community service, or a defensive driving course.
License Points and Suspension
Points scale with how far over the limit you were, and criminal speeding adds substantially more than a routine 5-or-10-over ticket. Under C.R.S. 42-2-127, an adult driver faces suspension after accumulating 12 or more points in any 12-month period or 18 or more points in 24 months.4Justia. Colorado Code 42-2-127 – Authority to Suspend License A single criminal speeding conviction can push a driver with other recent violations over the edge.
Younger drivers face tighter thresholds. A driver 18 to under 21 can be suspended after 9 points in 12 months or 12 points in 24 months. Drivers under 18 face suspension after more than 5 points in 12 months, or more than 6 points total before turning 18.4Justia. Colorado Code 42-2-127 – Authority to Suspend License For a teenager, one criminal speeding conviction may be enough to lose driving privileges.
Commercial drivers should be especially cautious. Excessive speeding can jeopardize a CDL, and the applicable thresholds are governed by both state and federal rules. Drivers facing suspension can request a hearing through the Colorado Department of Revenue’s Division of Motor Vehicles to contest the action or apply for a probationary license.5Colorado Department of Revenue. Hearing Forms
Insurance Consequences
A misdemeanor traffic conviction reads as high-risk behavior to insurers. Premium increases of 20 to 50 percent or more are common, depending on the carrier, the driver’s history, and the severity of the offense. Some insurers cancel coverage after serious moving violations.
Depending on the circumstances, the state or the insurer may require SR-22 coverage, a certificate of financial responsibility proving you carry minimum insurance. SR-22 requirements generally last several years and lock you into higher-cost policies during that period. A criminal speeding conviction typically stays on the driving record for multiple years, so the financial hit extends well beyond the initial fine.
What Happens in Court
Because criminal speeding is a misdemeanor, the citation carries a mandatory court date in Colorado county court. You cannot pay it online. Missing the date can result in a bench warrant.
At arraignment, the judge reads the charges and you enter a plea. A guilty or no contest plea can lead to sentencing on the spot. A not guilty plea moves the case into pretrial, where your attorney negotiates with the prosecutor. Your driving history, the exact speed, and whether anyone was endangered all shape the offer.
If no plea agreement is reached, the case goes to trial. The prosecution must prove beyond a reasonable doubt that you were driving at the speed alleged, usually through officer testimony and radar or LIDAR readings along with the device’s calibration records. Defense challenges often focus on calibration, procedure, or conditions that could have produced an inaccurate reading.
Reduction to an Infraction and Deferred Judgment
The best outcome in most criminal speeding cases is a negotiated reduction to a non-criminal traffic infraction. That keeps the conviction off the criminal record entirely and reduces the fine, points, and insurance impact.
When reduction is not available, a deferred judgment is the next-best result. Under C.R.S. 18-1.3-102, you plead guilty or no contest, but the court postpones entering the conviction and puts you on a probationary period, typically one to four years. Complete the conditions (which might include a defensive driving course, community service, or simply staying violation-free) and the plea is withdrawn and the charges dismissed. Legally, it is as if the conviction never happened.
Deferred judgments require agreement from both the prosecutor and the court, so they are not automatic. First-time offenders with otherwise clean records are the most likely candidates.
Criminal Record and Sealing
A Class 2 or Class 1 misdemeanor traffic offense is a criminal conviction, and it appears on your criminal record. Standard employer background checks run by consumer reporting agencies in Colorado look back seven years. Fingerprint-based checks through the Colorado Bureau of Investigation or the FBI look back for life.
Colorado’s ban-the-box law prevents employers from asking about criminal history on the initial application, which lets you get further into the hiring process before it surfaces. How much a traffic misdemeanor matters depends on the role. A desk job may not care; anything involving driving almost certainly will. Some jurisdictions also limit an employer’s ability to pull a job offer based on a conviction unrelated to the job.
Colorado allows eligible people to petition the court to seal criminal records, including misdemeanor traffic convictions. Sealing does not erase the record but removes it from public view, so it will not appear on most background checks. You generally must wait a set period after completing your sentence before filing, and the court weighs the severity of the offense and your conduct since.
The process involves filing a petition in the court where you were convicted, paying a filing fee (roughly $224 as of 2025), and obtaining a criminal history report from the Colorado Bureau of Investigation (around $13). You may also need to notify the district attorney. Fee waivers are available for indigent petitioners. A deferred judgment that was successfully completed is far easier to seal than a standard conviction, which is another reason to pursue that option at sentencing.