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Vehicular Homicide

It’s never anyone intention to harm someone as they drive down Colorado’s public roads. However, if your reckless or careless actions results in another’s death you may face a criminal charge of vehicular manslaughter. The penalties for vehicular assault are incredibly serious and could have a devastating impact on your life. Not to mention the fact the victim’s family can then seek compensation from you by filing a claim for wrongful death in civil court.

If you or someone you know has been charged with vehicular manslaughter, it’s within your best interest to obtain legal representation as soon as possible. The complexities of vehicular homicide or assault cases are not your typical criminal attorney’s cases. Regardless of the criminal evidence the lawyer will need to test all the conclusions made by investigators, police, crime lab and Colorado Department of Health. That is why it’s highly recommended you hire an attorney with extensive trial experience in vehicular manslaughter cases immediately after arrest.

Vehicular Manslaughter Defense Lawyer in Denver, Colorado

If you were accused of operating a motor vehicle while under the influence involving vehicular homicide under Sections 18-3-106(1)(b)(I), (IV) or vehicular assault under 18-3-205(1)(b)(I), (IV), then contact attorney Matthew Martin at Law Office of Matthew A. Martin, P.C.. He has built his extensive experience in criminal trials on both sides of the courtroom. For several years he has been defending people charged with many different crimes including those involving various homicide charges. Matthew Martin can utilize that knowledge to build a formidable defense for your case.

With offices in Denver, CO, Matthew Martin represents clients charged with vehicular homicide throughout Denver and the surrounding areas in the Front Range region including:

    • Brighton in Adams County
    • Centennial and Littleton in Arapahoe County
    • Boulder and Longmont in Boulder County
    • Broomfield in Broomfield County
    • Castle Rock in Douglas County
    • Golden in Jefferson County

During a confidential consultation, you can learn more about the charges pending against you, ways to avoid the typical penalty, and the best ways to the charges. Call (303) 725-0017 to set up your first consultation free of charge.

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Vehicular Manslaughter Definition Under Colorado Law

According to the standard jury instruction in Chapter 3-1:13 for Vehicular Homicide while under the influence of alcohol or drugs, the following elements must be proven beyond all reasonable doubt:

  1. That the defendant operated or drove a motor vehicle;
  2. In the State of Colorado, at or about the date and place charged;
  3. While under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and
  4. Such conduct was the proximate cause of the death of another.

In a vehicular homicide case, the jury might receive a special jury instruction on the presumptions of impairment depending on the blood alcohol concentration (BAC) or the breath alcohol concentration (BAC).

For vehicular homicide cases involving marijuana, § 18-3-106(2)(d), C.R.S., of Colorado law allows a permissible inference that the defendant was under the influence of one or more drugs may be drawn if the amount of delta 9-tetrahydrocannabinol in the defendant’s blood at the time of the alleged offense, or within a reasonable time, thereafter, as shown by analysis of the defendant’s blood, was five nanograms or more per milliliter in whole blood.


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How Long Can You Go to Jail for Vehicular Manslaughter in Colorado?

The penalties for vehicular manslaughter aren’t just serious, but life-altering. For that reason, it’s advised you hire an experienced criminal defense attorney as soon as possible if you’ve been charged with vehicular homicide. The severity of the punishment for the crime will depend on the unique facts of the case.

If the other person’s death was caused by your reckless driving, then the penalty for vehicular manslaughter is a class 3 felony. The maximum punishment for a class 4 felony includes:

  • Up to 6 years in prison
  • A fine between $2,000 and $50,000

The crime will be reclassified to a class 4 felony if the other person’s death was due to you being under the influence of drugs or alcohol (DUI). The penalty for a DUI vehicular manslaughter case is a class 3 felony, which is punishable by:

  • Up to 12 years in prison
  • A fine between $3,000 and $750,000

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Additional Resources

Mothers Against Drunk Driving | MADD Colorado – Visit the official website for Mothers Against Drunk Driving (MADD) to read more about their chapter in Colorado. Access the site to learn more about the laws pertaining to DUI in your state, stories from families and survivors, and information about the victim impact panel.

Colorado Laws on Vehicular Homicide | CRS– Access the official website for the Colorado Revised Statues and visit the link provided to read through the statute governing vehicular homicide in Colorado. Scroll through the statute to learn exact legal definition of the offense, how intoxication is measured by law enforcement, and the penalties for the crime.

 


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Vehicular Homicide Attorney in Denver, Colorado

Are you in need of legal representation? Look no further than the skilled legal team at Law Office of Matthew A. Martin, P.C.. As a vehicular homicide defense lawyer in Denver, Matthew martin can stay ahead of the prosecution as they build their case. He can do this by using his years of experience as a former Deputy District Attorney and Prosecutor. He knows what the prosecution is looking for, and the approaches they may take when building their cases. His many years of prosecution experience can work in your favor as he strategizes your defense.

Call (303) 725-0017 to set up your first consultation in the Denver, Colorado area. Law Office of Matthew A. Martin, P.C. accepts clients throughout the Denver metropolitan area and surrounding counties including Douglas County, Jefferson County, Broomfield County, Adams County, Boulder County, and Arapahoe County.