Defending Against Vehicular Homicide Charges in Denver

If you are driving a motor vehicle in Colorado and are involved in a collision that results in another person’s death — whether that person is an occupant of another vehicle or a person on foot or riding a bicycle — you could face vehicular homicide charges. In order for a person to be charged with vehicular homicide, their conduct must be the “proximate cause of the death of another.” In other words, their conduct must be the actual cause of that person’s death. This offense is charged as either a class 4 felony or a more serious class 3 felony, both of which involve a likely prison sentence in the event of a conviction. As such, it is critical to do everything possible to build a strong defense when you are facing charges.

How can you defend against vehicular homicide charges in Denver? You will need to understand the two general circumstances under which a person can face charges, and determine the best defense strategy based on the facts of your case. Our Denver criminal defense attorneys can help.

Two Ways Colorado Law Defines Vehicular Homicide

 There are two general circumstances under which a person can face vehicular homicide charges. When the person is driving and is the proximate cause of another person’s death, they can be charged with vehicular homicide if one of the following is true under CRS 18-3-106:

• Driver operated the motor vehicle in a reckless manner, a class 4 felony; or
• Driver operated the motor vehicle while impaired by or under the influence of alcohol or drugs or both, a class 3 felony (i.e, a DWAI or DUI under Colorado law that results in a person’s death).

What constitutes driving in a reckless manner? A driver’s conduct is understood to be reckless under Colorado law when they behave behind the wheel in a manner in which they “consciously disregard a substantial and unjustifiable risk that a result will occur or that a circumstance exists.” This language may apply broadly to different types of road circumstances, and it may involve driving at an excessive speed, texting while driving, or other forms of negligence. Ordinary negligence does not typically rise to the level of being “reckless,” however. A defense lawyer can help you with questions and defense strategies.

How Can I Develop a Defense Against Vehicular Homicide Charges? 

Defending against vehicular homicide charges will depend first on whether you are facing these charges for recklessly causing the death of another person or a death arising out of a DWAI or DUI.

If you are facing vehicular homicide charges for reckless driving, you will need to defend against the charges by proving that you did not consciously disregard a substantial and unjustifiable risk. It may be possible to avoid a vehicular homicide conviction even if you can show that your careless driving arose only to the level of ordinary negligence, although you will most likely want to show that you were not negligent if possible (to avoid any charges).

Defending against vehicular homicide charges arising out of a DWAI or DUI will involve the same defense strategies that you would want to employ for DWAI or DUI charges, and a lawyer can help. You may be able to prove, for example, that you were not actually impaired or under the influence, or that a breath test that showed a blood alcohol concentration over the legal limit was faulty.

Contact Our Denver Vehicular Homicide Defense Attorneys 

Are you facing vehicular homicide charges? An experienced Denver vehicular homicide defense lawyer at DeChant Law can begin working with you today to defend against the charges you are facing. Contact us for assistance.

Source:

codes.findlaw.com/co/title-18-criminal-code/co-rev-st-sect-18-3-106/