What is the Definition of Vehicular Homicide in Fort Collins?
The Colorado law definition of Vehicular Homicide – C.R.S. 18-3-106 – is:
(b) (I) If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide.
What Are the Important Definitions in the Vehicular Homicide Statute?
There are two vital terms that are necessary to define in order to comprehend the Vehicular Homicide statute. It is important to understand both ‘reckless’ and ‘driving under the influence’ as they are defined by Colorado law. Reckless’ is defined as:
This vague definition allows the district attorney to charge this crime under basically any circumstance. Almost any action can be twisted or manipulated to reflect this definition.
The definition of ‘driving under the influence’ is:
Much like with a DUI or DWAI charge, a person’s blood alcohol level must be a .05 or above to be charged with an alcohol related Vehicular Homicide. Similar to a DUID, in order to be charged with a drug related Vehicular Homicide, a person’s blood must contain 5 or more nanograms of delta 9-tetrahyrocannabinol.
What is the Sentence for Vehicular Homicide in Estes Park or Loveland?
Based on the situation, Vehicular Homicide can be charged as a class three or class four felony:
|Felony Level||Sentence Range||Circumstance|
|Class 3 felony Vehicular Homicide||4 to 12 years in the Department of Corrections||Death occurs when driver is under the influence of alcohol or drugs|
|Class 4 felony Vehicular Homicide||2 to 6 years in the Department of Corrections||Death occurs when vehicle driven in a reckless manner|
What Are Some Examples of Vehicular Homicide in Boulder County?
Vehicular Homicide is almost always charged when a person unintentionally kills another person while operating a vehicle. We have seen cases where a person accidentally runs a red light or a stop sign and collides with another vehicle, killing one of its occupants. We have also experienced situations where a person was charged with this crime after texting and driving. Unfortunately, the fact that the death was unintentional is not a defense in these cases. Also, if more that one person is killed or injured in the accident, multiple Vehicular Homicide charges may be filed, or Vehicular Assault charges may be added.
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When you choose the knowledgeable lawyers from the O’Malley Law Office to represent you, you are entrusting your defense to a team of experienced professionals ready to do what it takes to defend you. We have a team of expert witnesses we can employ to support your defense. This team may include a private investigator, a police procedure expert, and an accident reconstructionist, all ready and willing to do what they do best. Trust your representation with the attorneys who will work tirelessly to defend you.