Vehicular Assault Defense Attorney in Denver, CO
If a person operates or drives a motor vehicle in a reckless manner, and this conduct is the proximate cause of serious bodily injury to another, such person commits vehicular assault.
Additionally, 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 this conduct is the proximate cause of a serious bodily injury to another, such person commits vehicular assault. This is a strict liability crime.
What Constitutes Vehicular Assault in Colorado?
In Colorado, a person can be convicted of a vehicular assault crime when found guilty of reckless driving or driving under the influence that caused serious injury to the victim.
Reckless driving is usually related to aggressive driving, violating the rules, and driving without caution. Some examples of reckless driving include speeding through red lights, driving while distracted, driving too fast, tailgating, or swerving within your lane. On the other hand, driving under the influence is when you drive after drinking alcohol or using drugs. Both can cause accidents, due to the drugs’ or alcohol’s effect on your brain. It can affect your coordination and even impair your thinking.
“Driving under the influence” means driving a vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs affect such person to a degree that such person is substantially incapable, either mentally or physically, or both mentally and physically, of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
A serious bodily injury is an injury that may lead to death, risk of permanent disability or disfigurement, fractures, or burns.
What Are the Potential Consequences of a Vehicular Assault Conviction?
In Colorado vehicular assault is considered a class 4 felony when the person charged unlawfully drove or operated a motor vehicle in Colorado while under the influence by alcohol, or drugs, or both alcohol and drugs, and the conduct was the proximate cause of serious bodily injury to the alleged victim, in violation of 18-1-305(1)(b), C.R.S. A Class 4 felony is punishable by up to 2-6 years in prison is the presumptive range; up to 12 years if a judge finds extraordinary aggravating circumstances. The Court could also impose a fine of a minimum of $2,000 and a maximum of $500,000 or both prison and a fine.
Vehicular assault is a class 5 felony when the person charged unlawfully drove or operated a motor vehicle in Colorado in a reckless manner, and the conduct was the proximate cause of serious bodily injury to the alleged victim, in violation of 18-1-305(1)(a), C.R.S. A Class 5 felony is punishable by up to 1-3 years in prison is the presumptive range; up to 6 years if a judge finds extraordinary aggravating circumstances. The Court could also impose a fine of a minimum of $1,000 and a maximum of $100,000 or both prison and a fine.
How We Can Glaw defense Help with your case?
Being charged for a vehicular assault crime can be shocking and stressful, but we are here to help you understand and prepare a defense strategy for your case. Contact Glaw Defense today for a 100% free consultation.