Vehicular Assault and Vehicular Homicide Defense Lawyer in Denver, Colorado
Operating or driving a motor vehicle in Colorado in a reckless manner in such a way as to cause the death of another is Vehicular Homicide. Drivers involved in a hit and run accident may be charged with leaving the scene of an accident involving death and vehicular homicide.
Philip M. Smith • Attorney • Denver, Colorado
Vehicular Homicide and Vehicular Assault
Free Consultations • Call (303) 333-8900 • Email
Colorado defines “reckless” as driving in such a manner as to indicate either a wanton or a willful disregard for the safety of people or property. The injured or deceased person may be a passenger in the driver’s car, another car or a pedestrian.
If law enforcement feels there is probable cause to suspect DUI or is under the influence of prescription, illegal or controlled substances, blood, breath, saliva or urine tests will be required. If the driver refuses the road side or any test requested by law enforcement their driver’s license will be subject to revocation upon review.
Denver metro area Vehicular Assault
Operating or driving a motor vehicle in a reckless manner in such a way as to cause serious bodily injury to another is Vehicular Assault. Drivers involved in a hit and run accident may be charged with leaving the scene involving injury and vehicular assault.
Philip M. Smith has over 35 years of legal experience
as a judge, district attorney, and a private attorney
practicing in all areas of criminal defense law.
Driving a vehicle while under the influence of alcohol (DUI) and/or drugs and causing injury or death to a person or persons is a strict liability crime if charged as a vehicular assault or homicide. Other possible criminal charges involving bodily injury of death of a person in Colorado operating a vehicle:
- Vehicular Eluding Resulted in Death to Another Person
- Vehicular Eluding Resulting in Bodily Injury to Another Person
- Careless Driving Causing Death to Another Person
- Careless Driving Causing Bodily Injury to Another Person
In Colorado “careless” driving is defined as operating a motor vehicle in a careless and imprudent manner without regard for roadway conditions, traffic and all other circumstances. Cell phones, texting, or other distractions contribute to a careless driving environment.
How I Can Help You
There are a lot of serious accidents on the highways in Denver. Sometimes these accidents result in the death of another person. Anytime I assess a case as serious as a vehicular homicide, there are many tasks to consider immediately.
Vehicular homicide cases attract a lot of media attention. I have been involved in many high profile cases in my career. Securing the privacy and safety of my client and family members is a priority. The news media is ruthless in their quest to get a story and it is critical to keep this intrusion to a minimum for a fair trial. Make no statements to a reporter even if you think it will help your case or your loved one.
My responsibility as your defense attorney is to provide you the most thorough and comprehensive legal defense representation possible. In our initial consultation I want to ask and answer your questions about the events that transpired that day or night. It is very important for you to write down as much information in detail as quickly as possible. Do you have any driving or criminal history? Your medical history and character may come into question. This information will help me argue to the district attorney that the charges against you should be lessened or dropped.
Did the accident itself cause the fatality or was it negligence on the part of the medical facility or medical staff? It may be necessary to bring in medical forensic experts to review and give opinion in this situation. What may appear to be reckless driving causing death may in fact be gross negligence by medical personnel.
In all of these situations I utilize experienced investigators specializing in accident reconstruction, forensic medical experts and specialized medical experts to review all discovery and documents to provide the strongest defense strategy appropriate for your case.
Police reports, blood work, and other discovery from the prosecutor won’t tell the full story. I bring in the best investigators and experts to reconstruct the accident and compare that with what police are reporting. If necessary, medical forensic experts will review medical records and evaluate how the accident took place and if the death was a result of the accident, gross negligence from the attending medical team or a pre existing medical condition of your own.
If this was a result of a DUI or DUID the first things I look at are the drug and alcohol tests. Has too much time lapsed from the accident to the arrest, detainment or hospitalization? Were the proper procedures in place by professionals for obtaining the blood, breath, saliva, urine, etc? If too much time has transpired is there even a question of intoxication.
Questions?
Call my office today for a free confidential consultation
Vehicle Homicide and Vehicular Assault Attorney
Philip M. Smith 303-333-8900
I have been a prosecutor and judge. I’ve handled thousands of criminal cases including Vehicular Homicide and Vehicular Assault. I understand how a prosecutor and judge think. I also know the law. The prosecutor must prove that the death resulted in reckless disregard for human life while operating a vehicle to charge and convict a person of vehicular homicide. There must be proof of driving under the influence of drugs or alcohol. This evidence must be conducted in such a way and by proper medical personnel to be admissible.
Impact of a Conviction and Consequences
Colorado takes such incidents very seriously, and if convicted it will be difficult to avoid prison time entirely. Sentencing in both vehicular homicide and assault can range from a Class 1 Misdemeanor for careless driving with bodily injury or death and up to a Class 3 Felony for vehicular homicide. Very often additional criminal charges such as a DUI or leaving the scene are added and until all charges are filed by the DA, estimating the possible penalties is difficult. There are sentencing options of jail, probation, Community Corrections, DOC or prison.
Colorado Revised Statutes
Contact My Denver Law Office
Vehicle Homicide or Vehicle Assault criminal charges change your life. I would like to help you. I offer a free confidential consultation for your convenience. Call me today at my Denver law office 303-333-8900, or if you have questions about criminal charges associated with homicide or assault.
