A man was celebrating his 34th birthday with a few friends, when his night took a fatal turn. According to the news report, the man and his friends had been drinking at a hotel and celebrating the man’s birthday. At 12:30 a.m., one of the man’s friends got behind the wheel of her car. The birthday boy walked in front of her car and laid down in an attempt to stop the woman from driving away. However, it was a futile attempt. His friends did not stop, but instead drove over him and kept going. Police know the identity of the woman, but she has not yet been arrested. She will probably be facing Vehicular Homicide charges when she is taken into custody and officially charged for the death of her friend. While the woman’s intoxication level will be hard to prove after the fact, the question remains as to whether the drunk woman even saw her friend on the ground. With the death of the man, however, it is hard to argue she did not at least drive in a reckless manner.
Larimer County Vehicular Homicide Lawyer: What is the Definition of Vehicular Homicide?
The Colorado law definition of Vehicular Homicide – C.R.S. 18-3-106 – is:
(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.
(II) For the purposes of this subsection (1), one or more drugs means any drug, as defined in section 27-80-203 (13), C.R.S., any controlled substance, as defined in section 18-18-102 (5), and any inhaled glue, aerosol, or other toxic vapor or vapors, as defined in section 18-18-412.
(III) The fact that any person charged with a violation of this subsection (1) is or has been entitled to use one or more drugs under the laws of this state shall not constitute a defense against any charge of violating this subsection (1).
(IV) “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.
Part (a) or (b) would apply to the situation above. The woman drove her car while under the influence and caused the death of her friend. But even if her intoxication can’t be proven, she clearly drove recklessly and that conduct resulted in the man’s death.
Fort Collins Vehicular Homicide Lawyer: What is the Sentence / Punishment for Vehicular Homicide?
In Larimer, Boulder, and Jackson County, Vehicular Homicide can be charged as a class 4 or class 3 felony depending on the situation. If the Vehicular Homicide meets the requirements of part (a) above, where the person drove recklessly and caused the death of another, then it is a class 4 felony. If the person is charged under part (b), like the woman above would be, then it is a class 3 felony. A class 3 felony is punishable by 4 to 12 years in the Colorado Department of Corrections and up to $750,000 in fines.