Denver Vehicular Homicide Lawyer
If you are found to have caused a traffic collision and any party died as a result, including your own passenger, you could be charged with vehicular homicide. Homicide is a felony offense that carries a penalty of up to six years, and up to 12 years for a DUI crash. Denver vehicular homicide lawyer Reid DeChant at DeChant Law recognizes the fear and uncertainty that you must be feeling at this time, and is here to help you understand your rights and find the right path forward during your legal defense.
Vehicular Homicide Caused by Reckless Driving
Reckless driving is the wanton or willful disregard for the safety of other road users. Put simply, it is driving in a manner that is likely to cause a collision. Examples include excessive speeding, street racing, driving on the wrong side of the road, passing a stopped school bus, speeding through red lights, and weaving through traffic on the highway. Reckless driving resulting in the death of another is a class 4 felony, punishable by two to six years in prison, fines between $2,000 and $500,000, license suspension, probation, and community service. Proving reckless driving can be difficult for prosecutors, as the distinction between careless driving and reckless driving can be hard to establish.
DUI Vehicular Homicide (Caused By Intoxicated Driving)
DUI vehicular homicide is an even greater offense than reckless driving homicide. As a Class 3 felony, DUI vehicular homicide is punishable by four to 12 years in prison, fines between $3,000 and $750,000, license suspension, probation, community service, and drug or alcohol courses or treatment.
Defenses Against Vehicular Homicide
Being charged with vehicular homicide does not mean that you committed the act or that you will be convicted. A skilled traffic offense lawyer can analyze the prosecution’s case, identifying weaknesses and inconsistencies. There are multiple defenses that may be available, including:
Accident Reconstruction: This defense relies on expert analysis to reconstruct the events leading up to the collision. Accident reconstruction specialists examine evidence such as skid marks, vehicle damage, and road conditions to determine how the crash occurred. In some cases, this analysis may show that external factors like poor road maintenance or mechanical failure were the primary cause, rather than reckless driving by the defendant.
Chemical Analysis of Blood: In cases involving DUI, the prosecution often depends on blood or breath test results. However, these tests are not always accurate. Factors like improper handling, contamination of samples, or medical conditions can lead to false positives. A detailed review of the chemical analysis, as well as chain-of-custody records, could expose flaws that undermine the reliability of the test results.
Lack of Evidence: Prosecutors must establish that your actions directly caused the fatal accident. In many cases, there is insufficient evidence to prove this. A lack of witnesses, unclear surveillance footage, or conflicting testimony can weaken the prosecution’s case. Challenging the link between your actions and the outcome is a key strategy in defending vehicular homicide charges.
Police Violated Civil Rights: If the police failed to follow proper procedures during your arrest, such as conducting an unlawful search, failing to read you your rights, or using excessive force, this could be grounds for challenging the admissibility of evidence. Violations of your civil rights can lead to the dismissal of key evidence or even the entire case.
Other Defenses: There are additional defenses that may apply depending on the specifics of your case. These include showing that you were not the driver at the time of the accident, proving that you were not driving recklessly, or disputing the prosecution’s narrative. Each case is unique, and a thorough investigation is required to identify the strongest defense strategies.
Misdemeanor vs. Felony Vehicular Homicide
Vehicular homicide charges can vary in severity depending on the circumstances surrounding the incident. In cases where the death was caused by careless driving, without intent or gross negligence, the charge may be classified as a misdemeanor. However, when reckless driving or intoxication is involved, the charge is elevated to a felony, carrying far more severe penalties. Understanding the distinction between these classifications is crucial in building a defense, as the outcome could significantly impact the penalties you face. Our team at DeChant Law will closely examine the evidence and work to reduce the charges where possible, ensuring that any mitigating factors are brought to light.
Long-Term Consequences of a Vehicular Homicide Conviction
A conviction for vehicular homicide extends far beyond prison time or fines. Felony convictions can have a long-lasting impact on your life, including difficulties finding employment, loss of voting rights, and restrictions on obtaining certain professional licenses. Additionally, having a felony on your record can affect personal relationships, housing opportunities, and even your ability to travel internationally. At DeChant Law, we understand the full weight of these consequences, and we are committed to helping you minimize the damage by exploring every legal avenue available to defend your rights and future.
Call a Denver Vehicular Homicide Lawyer Today
Aggressive driving, speeding, texting and driving, and road rage are all on the rise here in Colorado and across the country. Nearly 50,000 Americans die on the roads each year, with millions more being injured. Prosecutors are beginning to crack down on perpetrators of serious crashes that result in injury or death. You must be prepared for the fight ahead, because as a defendant in a vehicular homicide case, you are facing serious prison time, even if you had a previously clean driving record. Denver vehicular homicide lawyer Reid DeChant at DeChant Law is here to help in every way possible, and has the proven track record to have your penalties reduced through negotiating a plea deal, or having your case dismissed outright. Call DeChant Law today at 303-409-7500 for a free case evaluation.
