Is C.R.S. 42-4-1101(3) a misdemeanor or traffic violation?

C.R.S. § 42-4-1101(3) is a Colorado traffic infraction, not a misdemeanor. Colorado’s speed-limit statute expressly classifies a violation of subsection (3) as a Class A traffic infraction; misdemeanors are reserved for the separate, higher-speed offense described in subsection (8)(b).C.R.S. § 42-4-1101(8)(b)[1][2][3]

Why

Statutory text

Subsection (3) provides:

“No driver of a vehicle shall fail to decrease the speed of such vehicle from an otherwise lawful speed to a reasonable and prudent speed when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.”C.R.S. § 42-4-1101(3)[2]

And subsection (8)(c) states:

“A violation under subsection (3) of this section is a class A traffic infraction.”C.R.S. § 42-4-1101(8)(c)[2]

Contrast with misdemeanor speeding

By contrast, subsection (8)(b) makes it a Class 2 misdemeanor traffic offense to drive:

“twenty-five or more miles per hour in excess of the reasonable and prudent speed or in excess of the maximum lawful speed limit of seventy-five miles per hour,” with construction-zone aggravation making it a Class 1 misdemeanor traffic offense.C.R.S. § 42-4-1101(8)(b)[1][2]

Bottom line

If you are asking about a charge under § 42-4-1101(3) specifically, it is a traffic infraction under Colorado law, not a misdemeanor.[2][4]