Vehicular Homicide Lawyer in Fort Collins and Larimer County

Have you been charged with Vehicular Homicide? Read more about your charges and how an experienced criminal defense attorney can help defend and protect you

When a person dies an untimely death, the court of public opinion always wants to hold someone responsible. There is no allowance for an accident in the eyes of grieving family members or the law. This is especially true when it comes to a death resulting from a traffic collision. These types of situations generally result in Vehicular Homicide charges in Larimer, Jackson, and Boulder County. If law enforcement decides a driver drove recklessly or under the influence of drugs or alcohol, and someone is killed, the driver will be immediately arrested for Vehicular Homicide. If you have been charged with this felony crime, you need an experienced criminal defense attorney at your side to protect your future.

What is the Definition of Vehicular Homicide in Fort Collins?

The Colorado law definition of Vehicular Homicide – C.R.S. 18-3-106 – is:

(a) If a person operates or drives a motor vehicle in a reckless manner, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide.

(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:

Conduct is reckless when the defendant consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.

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:

Driving under the influence” means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs affect such person to a degree that such person is substantially incapable, either mentally or physically, or both mentally and physically, of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.

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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How Can Our Criminal Defense Attorneys Help You?

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.

Request a Free Consultation

If you or someone you love is facing charges of Vehicular Homicide, be smart, exercise your right to remain silent, and contact the best criminal defense Vehicular Homicide attorneys at the O’Malley Law Office by calling 970-658-0007 immediately. Together, we can protect your future.