Vehicular homicide is one of the most serious charges a driver can face in Colorado. If you're accused of causing a fatal accident, the consequences can be life-altering. From potential prison time to loss of driving privileges and a permanent criminal record, a conviction can impact every part of your life.
Having an experienced defense lawyer by your side can make all the difference in fighting the charges and protecting your future. At The Leier Law Office LLC, we’re here to guide you through the process.
Across Colorado, vehicular homicide cases are aggressively prosecuted. Whether the charge stems from reckless driving or driving under the influence, the penalties are severe. If you're facing these charges, our Fort Collins criminal defense attorney can provide the defense you need. Read on below.
An Introduction to Vehicular Homicide in Colorado
Under Colorado law, vehicular homicide occurs when a driver causes the death of another person while operating a vehicle in a reckless manner or under the influence of drugs or alcohol. There are two primary ways prosecutors charge vehicular homicide:
Vehicular Homicide Due to Reckless Driving (C.R.S. 18-3-106(1)(a)): This applies when a driver acts in a reckless manner, meaning they show a willful disregard for others' safety. This charge is a Class 4 felony, carrying serious penalties.
Vehicular Homicide Due to DUI (C.R.S. 18-3-106(1)(b)): If a driver is under the influence of alcohol or drugs and causes a fatal crash, they can face a Class 3 felony, which carries even harsher penalties than reckless driving.
A conviction can mean years in prison, hefty fines, and a felony record that follows you for life. That’s why having an experienced criminal defense lawyer is critical in these cases.
Legal Penalties for Vehicular Homicide in Colorado
The penalties for vehicular homicide vary based on whether the charge involves reckless driving or DUI:
Vehicular Homicide – Reckless Driving
Class 4 felony
2 to 6 years in prison
Up to $500,000 in fines
Mandatory parole for 3 years
Driver’s license revocation
Vehicular Homicide – DUI
Class 3 felony
4 to 12 years in prison
Up to $750,000 in fines
Mandatory parole for 5 years
Driver’s license revocation
The difference in penalties reflects how Colorado law treats DUI-related fatalities more severely. Prosecutors aggressively pursue DUI-related vehicular homicide cases, often pushing for maximum sentences. A skilled criminal defense lawyer can challenge the evidence and work to reduce or dismiss the charges against you.
Defending Against Vehicular Homicide Charges
If you're facing vehicular homicide charges in Fort Collins, Loveland, Greeley, Windsor, or Evans, a strong defense is crucial. Some of the most effective defense strategies include:
Challenging the evidence: Prosecutors must prove reckless driving or intoxication beyond a reasonable doubt. Your lawyer can scrutinize police reports, witness statements, and accident reconstructions for inconsistencies.
Questioning DUI testing procedures: Breathalyzers and blood tests aren’t always accurate. Errors in administration or faulty equipment can lead to false BAC readings.
Proving lack of recklessness: Not all accidents result from reckless behavior. If you were obeying traffic laws and an unforeseen event caused the crash, your lawyer can argue against a reckless driving charge.
Showing alternative causes: External factors like road conditions, weather, or another driver’s actions may have contributed to the accident.
The Role of a Criminal Defense Lawyer in Your Case
An experienced criminal defense lawyer does more than just represent you in court. They investigate every detail of your case, build a strong defense, and advocate for the best possible outcome. Here’s how they can help:
Case investigation: Reviewing accident reports, body cam footage, and witness statements to identify weaknesses in the prosecution’s case.
Negotiating plea deals: In some cases, your lawyer may be able to reduce charges to a lesser offense, avoiding lengthy prison sentences.
Courtroom representation: If your case goes to trial, a seasoned lawyer will present compelling arguments, cross-examine witnesses, and challenge prosecutorial tactics.
Protecting your rights: Law enforcement must follow strict legal procedures. If your rights were violated during the arrest or investigation, your lawyer can seek to have evidence suppressed.
How Colorado’s Laws Compare to Other States
Colorado’s vehicular homicide laws are stricter than in some states but more lenient than in others. For example:
Some states impose mandatory minimum sentences, meaning a conviction automatically results in prison time. Colorado does not have mandatory minimums for vehicular homicide, but judges often hand down significant sentences.
States like Texas and Florida allow deferred adjudication in certain cases, which can prevent a felony conviction. Colorado law does not provide this option for vehicular homicide.
In contrast, states like California can impose harsher penalties for DUI-related vehicular homicide, including up to 15 years in prison.
Understanding these differences highlights the importance of hiring a criminal defense lawyer familiar with Colorado’s specific laws and sentencing guidelines.
What to Do If You’re Charged with Vehicular Homicide
If you're arrested for vehicular homicide in Fort Collins, Loveland, Greeley, Windsor, or Evans, taking immediate action is crucial. Follow these steps to protect yourself:
Remain silent: Do not speak to law enforcement without a lawyer present. Anything you say can be used against you.
Contact a criminal defense lawyer:The sooner you have legal representation, the stronger your defense will be.
Gather evidence: If possible, document details about the accident, including road conditions, weather, and any potential witnesses.
Avoid discussing the case: Do not talk about your case on social media or with anyone except your lawyer.
Frequently Asked Questions About Vehicular Homicide
What’s The Difference Between Vehicular Homicide And Manslaughter?
Vehicular homicide specifically involves a fatal accident caused by reckless driving or DUI. Manslaughter is a broader charge that includes other forms of unintentional killings, such as negligent actions unrelated to driving.
Can I Go To Jail If I Wasn’t Drinking But Caused A Fatal Accident?
Yes, if prosecutors can prove you were driving recklessly, you can still face a felony conviction and potential prison time.
Will I Lose My Driver’s License If Convicted?
Yes. A conviction for vehicular homicide leads to an automatic driver’s license revocation. The length of suspension depends on the case.
Can A Lawyer Get My Charges Reduced Or Dismissed?
Possibly. A skilled criminal defense lawyer can challenge the prosecution’s evidence and negotiate plea deals or reduced charges, depending on the case’s specifics.
How Soon Should I Hire A Lawyer?
Immediately. The sooner you have a lawyer, the better your chances of building a strong defense.
Can Weather Conditions Be Used As A Defense?
Yes, if poor weather contributed to the accident, your lawyer could argue that external factors played a significant role.
What If The Other Driver Was Also At Fault?
If the victim contributed to the accident, your lawyer could use comparative negligence as a defense strategy.
Are Plea Bargains Common In Vehicular Homicide Cases?
Yes, depending on the evidence, plea bargains may be available to reduce charges and potential sentences.
What If I Had A Medical Emergency While Driving?
A sudden medical emergency defense may apply if you lost control due to an unforeseen health issue.
Can Expert Witnesses Help My Defense?
Yes, accident reconstruction experts and medical professionals can provide testimony that challenges the prosecution’s claims.
Legal Help Is Here for You
Facing vehicular homicide charges is overwhelming, but you don’t have to go through it alone. A dedicated criminal defense lawyer in Fort Collins can fight for your rights and work toward the best possible outcome.
Serving Loveland, Greeley, Windsor, Evans, and beyond, we’re here to provide the defense you need. Contact us at The Leier Law Office LLC today for a consultation. Let’s discuss your case and take the first step in protecting your future.
