Expert Attorneys in Lakewood, Jefferson County, or Colorado, Ready to Represent You
If you have been accused of Vehicular Homicide, you have the right to fight the charges. An experienced attorney can help. At Pearson & Paris, P.C., we have more than 50 years of combined legal experience that we will use in your defense. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how district attorneys handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.
Call us at 303-872-4719 in the greater Denver area or toll free at 888-725-2609 across Colorado for a free initial consultation. You can also contact us online.
Whether in the Denver area, or anywhere in Colorado, vehicular homicide occurs in one of two distinct manners: (1) where a person operates or drives a motor vehicle in a reckless manner, and such conduct causes the death of another person, or (2) where a person operates or drives a motor vehicle while under the influence of alcohol or drugs, and such conduct causes the death of another person.
Under reckless vehicular homicide, the prosecution must prove that the driver operated or drove his vehicle with a conscious disregard to a substantial and unjustifiable risk that a particular result will occur or that a circumstance exists. In other words, the reckless nature of the driving must be such that it is apparent to a reasonable person that a traffic accident may result that involves property damage, injury, or death. It is not necessary that a driver know that his driving will result in death.
Possible consequences for Vehicular Homicide
If convicted of Vehicular Homicide that is based on reckless driving, then the person faces sentencing for a class four (4) felony of: (1) probation, with a possible jail sentence as a condition of probation of up to ninety (90) days, or up to a two (2) year work release sentence as a condition of probation, or (2) a sentence to the department of corrections of two (2) to six (6) years, but as much as twelve (12) years if the court finds the presence of exceptional circumstances, with a mandatory parole period of three years.
If convicted of Vehicular Homicide that is based on driving under the influence of alcohol or drugs, then the person faces sentencing for a class three (3) felony of: (1) probation, with a possible jail sentence as a condition of probation of up to ninety (90) days, or up to a two (2) year work release sentence as a condition of probation, or (2) a sentence to the department of corrections of four (4) to twelve (12) years, but as much as twenty-four (24) years if the court finds the presence of exceptional circumstances, with a mandatory parole period of five years.
It is also important to note that conviction of Vehicular Homicide will result in a mandatory revocation of your driving privileges.
Possible Defenses for Vehicular Homicide
Whether a person is charged with reckless Vehicular Homicide or DUI-related Vehicular Homicide, the general approach to defending a vehicular homicide charge remains the same. First, it is important to reconstruct the accident using a qualified expert; to include scene measurements and scene observations of skid marks, gauge marks, yaw marks, and other physical evidence. Second, the defense will center on establishing that the driver was not reckless in his operation of the vehicle. Merely engaging in bad driving is not sufficient to trigger recklessness. More is required to show that the driver "operated or drove his vehicle with a conscious disregard to a substantial and unjustifiable risk that a particular result will occur or that a circumstance exists." If alcohol or drugs was a factor, then we must also consider all of the defenses available in any DUI case.
The remaining defenses that may be applied in a vehicular homicide case apply with equal force to those that may apply in any other criminal case. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures bases on probable cause, a proper warrant, and the right to due process in the proper preservation of evidence that may be used against you. There are many other defenses that are available that rely on scrutinizing and exposing weaknesses in the prosecutor's case, such as: biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood, or urine for forensic testing, incompetent computer evidence, flawed photo line-ups, and inaccurate crime scene / accident reconstructions.
It is important that you hire a skilled and experienced Vehicular Homicide lawyer to defend you in a Vehicular Homicide case in Lakewood, Jefferson County, or across Colorado.
Call us at 303-872-4719 in the greater Denver area or toll free across Colorado at 888-725-2609 for a free initial consultation. You can also contact us online.