Colorado Law on Vehicular Homicide | Greeley Traffic Crimes Lawyer

In Greeley, Colorado, anyone can be charged with Vehicular Homicide when they recklessly drive a motor vehicle and someone dies. Whether you were driving too fast on the ice, and it resulted in your car sliding and killing another driver, or you were drunk and accidentally killed a passenger in your car, it doesn’t matter. When a life is taken by unnecessary circumstances the law cracks down severely. It is in your best interest to speak to an experienced criminal defense attorney to see how we can help defend your case as soon as possible.

Weld County Law on Vehicular Homicide, C.R.S. 18-3-106

Vehicular Homicide, C.R.S. 18-3-106, will be charged in Weld County when:

This means that if someone is driving a car, recklessly, and someone dies as a result, the driver will be charged with Vehicular Homicide. There is no concern for whether you “knowingly” did it or “intentionally” did it.  In addition, if the driver has taken illegal drugs, or has been drinking, and someone dies as a result of their driving, they can also be charged with Vehicular Homicide.

Vehicular Homicide Definition to Understand for Cases in Evans, Fort Lupton, and Severance

The Vehicular Homicide statute contains many difficult to understand terms, so here we will be breaking them all down for your case in Evans, Fort Lupton, or Severance. When you’re charged with Vehicular Homicide, or any other crime, it is always best to understand what you’re being charged with.

Colorado law defines “Reckless” as:

More simply, this means that someone is taking unnecessary risks, and these unnecessary risks are likely to lead to unwanted consequences. An example would be if a person were driving while doing their makeup. Clearly the person’s focus would be split, and could lead to an accident.

“Proximate cause of the death of another” refers to:

This means that if the police can link your actions and the outcome together, they can say your actions where the proximate cause of someone’s death. Continuing our example, if a girl was putting on her makeup while driving, and as a result, she hit a pedestrian. If that pedestrian was seriously injured or if they died, her actions would be the proximate cause of the injuries suffered or death of that pedestrian.

“Driving under the Influence” means:

Pretty much, if you have driven a motor vehicle with a combination of illegal drugs, or alcohol, in your system, you’re guilty of driving under the influence. For example, if you make a beer run for your super bowl party, after you have already had a few beers, you could be pulled over and charged with Driving Under the Influence.

Vehicular Assault and Vehicular Homicide in Greeley, Longmont, and Brighton

When a serious accident occurs in Greeley, Longmont, or Brighton, a person might be charged with Vehicular Assault at first. This might later escalate to Vehicular Homicide if the person suffering injuries dies from their injuries. Vehicular Assault is very similar to Vehicular Homicide, except that Vehicular Assault involves a victim suffering serious bodily injuries. Serious Bodily Injuries are any that can threaten the life of the victim, the function the victim’s body, or that permanently alter the victim’s body. So if a victim of the accident is in critical condition at first, officers are likely to charge Vehicular Assault. But if and when that person passes away from their injuries, the police will then charge you with Vehicular Homicide instead.

Sentence for Vehicular Homicide in Windsor, Johnstown, and Eaton

In Windsor, Johnstown, and Eaton, Vehicular Homicide has two possible sentences depending on the facts of the case. A person can be sentenced to a class 4 felony when their reckless driving led to another person’s death. But, they can be charged with a class 3 felony if the driver was under the influence of alcohol or drugs, or a combination of the two, and their driving resulted in someone’s death. Alcohol intoxication aggravates any driving offense.

A class 4 felony sentence typically contains:

• Possibility of probation
• Between 2 and 6 years in the Colorado Department of Corrections
• A fine between $2,000 and $500,000
• Mandatory 3 years of Parole

A class 3 felony sentence typically contains:

• Possibility of probation
• Between 4 and 12 years in DOC
• A fine between $3,000 and $750,000
• Mandatory 3 years of Parole

Defenses to Vehicular Homicide in Firestone, Milliken, and Mead

When serious accidents occur in Firestone, Milliken, and Mead and they result in the death of a loved one, people want someone to blame for Vehicular Homicide. The law has moved away from the notion that sometimes accidents happen and there wasn’t anything anyone could do. And, this is exactly why you need an experienced criminal defense lawyer on your side to help defend you of these extreme charges. When people are charged with Vehicular Homicide, whether they knew the deceased or not, it is a difficult and traumatic event that the accused is also going through. Depending on the facts of the case, an experienced defense attorney will employ a number of these defenses:

• The “no driving” defense: If you weren’t the one driving, you couldn’t have committed this crime.
• Your driving wasn’t “reckless”: The District Attorney has to prove that your driving was consciously disregarding risk and endangering others. This is typically difficult to prove due to circumstantial evidence.
• You were not under the influence: Your BAC must be 0.08% or higher for the prosecuting team to consider charging you with a class 3 felony. Perhaps drinking occurred AFTER the accident, or the BAC test was measured inaccurately.
• DUI breath and blood test carry a margin of error: just because the results came back a certain way, doesn’t mean the tests were conducted or completed accurately.
• That accidents are just that, accidents: not everything is within human control. Imagine a wheel falling off a car at high speed and the resulting crash kills someone.