Vehicular homicide is a grave offense that not only ends in the loss of a life, but also has serious and long-lasting consequences for the accused. A vehicular homicide charge is followed by lengthy prison sentences, large fines, and a blemished criminal record. For those facing vehicular homicide charges, it is highly recommended to seek qualified legal representation. Albani Law is well-versed in defending against these charges and may be able to provide invaluable legal assistance for your case.
Much like
vehicular assault cases, vehicular homicide occurs when an individual is either driving recklessly or driving under the influence of drugs and alcohol, though it results in the death of another person. The term “vehicular manslaughter” does not have a clear legal definition under Colorado law and is generally covered under the umbrella of “vehicular homicide.”
Reckless driving includes any driving behavior where an individual shows no regard for the safety of other drivers and disobeys traffic laws. This usually includes things like speeding excessively, ignoring traffic signs, and weaving in and out of traffic. Any act of careless driving that endangers others is considered reckless.
Driving under the influence of drugs or alcohol will only increase the charges and penalties in a vehicular homicide case. A blood alcohol content (BAC) over .08% is considered a DUI in the state of Colorado. In some cases, driving under the influence of prescription medications that impair an individual’s ability will also be classified as a DUI.
Similar to vehicular assault, vehicular homicide is also classified as a
felony in the state of Colorado. However, vehicular homicide is a more severe charge with more intense penalties.
Vehicular homicide due to driving under the influence of drugs or alcohol is a Class 3 Felony. The penalties include anywhere between 4 and 12 years in prison and up to $750,000 in fines. A mandatory parole of 3 years follows. A higher BAC may lead to more severe penalties.
When a driver is charged with vehicular homicide due to reckless driving and there is no presence of
drugs or alcohol, it is a Class 4 Felony. The penalties include anywhere between 2 and 6 years of prison time and up to $500,000 in fines. The mandatory parole for this charge is also 3 years.
There are other factors that can influence the charges that follow a vehicular homicide. If the accused has a previous criminal record, especially traffic-related offenses or DUIs, the penalties may be more severe. If the accused caused several deaths during the incident or fled the scene, the charges may be increased.
In some instances, prison time can be avoided. A judge may consider alternative sentencing options, especially for first time offenders, including probation, house arrest, work release programs or community service.
If you are facing a vehicular homicide charge, we strongly encourage you to schedule a free consultation to see how Albani Law can help defend against your case. The consequences of a vehicular homicide charge can be truly life-altering and you should not hesitate to take action. Albani Law has the experience and dedication required to effectively fight for your rights. Contact us today to start building your defense.