Vehicular Homicide in Colorado
The attorneys at Rights & Liberties Law Firm are experienced homicide attorneys in Colorado who defend people charged with vehicular homicide.
Vehicular homicide is defined in C.R.S. 18-3-106 which defines the offense as follows:
(1)
(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. This is a strict liability crime.
(I.5) If a person operates or drives a motor vehicle while the person’s ability is impaired by 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, the person commits the crime of vehicular homicide.
What Are the Key Elements of Vehicular Homicide?
Reckless Driving: If a person operates a motor vehicle in a reckless manner, and this conduct is the proximate cause of another person’s death, they can be charged with vehicular homicide. Reckless driving involves a conscious disregard of a substantial and unjustifiable risk.
Driving Under the Influence (DUI): If a person operates a motor vehicle while under the influence of alcohol or drugs, and this conduct is the proximate cause of another person’s death, they can be charged with vehicular homicide. This includes driving while impaired by alcohol or drugs.
What Are the Penalties for Vehicular Homicide in Colorado?
Reckless Driving: Vehicular homicide by reckless driving is classified as a Class 4 felony, which can result in 2 to 6 years in prison and/or fines ranging from $2,000 to $500,000.
DUI: Vehicular homicide while driving under the influence is classified as a Class 3 felony, which can result in 4 to 12 years in prison and/or fines ranging from $3,000 to $750,000.
Important Vehicular Homicide Definitions
Reckless Driving: Consciously disregarding a substantial and unjustifiable risk that a result will occur or that a circumstance exists.
Proximate Cause: The death must be a natural and probable consequence of the defendant’s conduct.
Under the Influence: Driving when alcohol or drugs impair the person’s ability to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
Defenses to Vehicular Homicide in Colorado
General Denial
The accused will be acquitted if the prosecution cannot prove every element of the offense beyond a reasonable doubt. When the accused raises a general denial defense, the accused denies that the criminal elements of the offense exist. General denial is related to the failure of proof defense. The failure of proof defense arises when the accused pokes holes in the prosecution’s case and argues that the prosecution failed to prove each and every element of the offense beyond a reasonable doubt.
Not Driving Under the Influence
If you were not under the influence of alcohol or drugs at the time of the accident, this can be a strong defense. The prosecution must prove that you were impaired and that this impairment caused the accident. If you can show that you were sober and that the accident was caused by other factors (e.g., mechanical failure, sudden medical emergency), this can help your case.
Lack of Recklessness
Vehicular homicide charges often require proof that you were driving recklessly. If you can demonstrate that you were driving carefully and that the accident was unavoidable, this can be a valid defense.
Proximate Cause
The prosecution must prove that your driving was the proximate cause of the victim’s death. If there were other intervening factors that contributed to the death, you might not be held liable.
Mechanical Failure
If the accident was caused by a mechanical failure that was beyond your control, this can be a defense. For example, if your brakes failed despite regular maintenance, you might not be held responsible.
Sudden Medical Emergency
If you experienced a sudden medical emergency (e.g., heart attack, seizure) that caused the accident, this can be a defense. You would need to provide medical evidence to support this claim.
Mistaken Identity
Mistaken identity is a general denial defense that attacks the element of who committed the alleged offense. As the prosecution is required not only to prove that the offense happened, but that the person charged committed the offense, the mistaken identity defense can be an effective way to challenge the prosecution on the element of who committed the crime. In the context of a vehicular homicide case, mistaken identify defenses usually arise when the accused is arrested and charged with disobedience to public safety orders in riot conditions after the alleged offense happened or when the accused is identified after a chaotic situation where eyewitness accounts are not trustworthy. Mistaken identity cases often involve witness misidentification issues, poor witness perception issues, inaccurate, improper, or biased police identification procedures, grainy surveillance videos, and mistaken eyewitness accounts.
Alternate Suspect
The alternate suspect defense occasionally arises in vehicular homicide cases. When the accused raises the alternate suspect defense, he or she does so to cast doubt on the identity element of the offense. In other words, the alternate suspect defense is used to cast doubt on the prosecution’s evidence that the accused committed the crime. By raising the alternate suspect defense, the accused casts doubt on the identity element of offense by raising the possibility that another person committed the offense rather than the accused. In Colorado vehicular homicide trials the admissibility of alternate suspect evidence will depend on “the strength of the connection between the alternate suspect and the charged crime. If there is a non-speculative connection or nexus between the alternate suspect and the crime charged, the evidence will be admissible.”
If the defense introduces “alternate suspect” evidence, the judge must “look to whether all the similar acts and circumstances, taken together, support a finding that the same person was probably involved in both the other act and the charged crime.” If the judge finds that the accused has presented evidence sufficient to support a finding that an alternate suspect committed the crime, the accused can have the jury consider this evidence in their deliberations. While the alternate suspect defense is seldom used in vehicular cases, certain circumstances will give rise to the availability of this defense.
Statute of Limitations for Vehicular Homicide in Colorado
In Colorado the statute of limitations for commencing criminal charges against a person is governed by C.R.S. Section 16-5-401. The statute of limitations for commencing criminal charges for vehicular homicide in Colorado is as follows:
- Felony vehicular homicide charges must be filed within 5 years. C.R.S. 16-5-401(1)(a.5)
Legal References
Contact Colorado’s Vehicular Homicide Attorneys at Rights & Liberties Law Firm to Fight for You Today
If you’ve been charged with vehicular homicide contact the attorneys at Rights & Liberties Law Firm to vindicate your rights and protect your liberties. If you’re facing criminal charges or fear you may be charged time is of the essence.Start Your Free Criminal Defense Case Quote. By retaining Rights & Liberties Law Firm you can rest assured that:
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