It is a well know fact that alcohol impairs a person’s reaction time and hand-eye coordination. For some, it really effects their ability to make competent, smart decisions. A drunk gentlemen proved that point when he drove through a stop sign and crashed into the guard rail. Instead of admitting to the crash, or even just fleeing, he concocted a plan to blame road conditions. The man drove back to his house, grabbed a friend, filled two 5-gallon buckets with water, and drove back to the scene of the accident. The two poured water all over the intersection to create black ice. When police drove by and saw the car idling in the road, they stopped to check things out. The men admitted they were going to report the accident but blame the black ice, not the drinking. The driver was charged with DUI, Careless Driving, Leaving the Scene of an Accident, and Failure to Report an Accident. The friend, who was found in the driver’s seat was also charged with DUI and Careless Driving.
What is Driving Under the Influence (DUI) in Fort Collins?
Driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.
This is charged when a person’s blood alcohol content (BAC) is .08 or higher in Larimer, Boulder or Grand County. The man above had to have shown a significant level of impairment, which would later be verified through an official blood or breath sample at a hospital or the police station.
A person who drives a motor vehicle, bicycle, electrical assisted bicycle, or low-power scooter in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving.
Because the man crashed his car, the argument could be made he acted without regard for the road and road conditions.
What is Leaving the Scene of an Accident?
Leaving the Scene of an Accident – C.R.S. 42-4-1601 – is defined by Colorado law as:
The driver of any vehicle directly involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall immediately return to and in every event shall remain at the scene of such accident, except in the circumstances provided in subsection (2) of this section, until the driver has fulfilled the requirements of section 42-4-1603. Every such stop shall be made without obstructing traffic more than is necessary. Any person who violates any provision of this subsection (1) commits a class 2 misdemeanor traffic offense.
The man from the story above drove away from the scene of his accident without reporting his license, insurance and identifying information.
What is Failure to Report an Accident?
C.R.S. 42-4-1603 – Duty to Give Notice, Information, and Aid – is defined by Colorado law as:
The driver of any vehicle involved in an accident resulting in injury to, serious bodily injury to, or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver’s name, the driver’s address, and the registration number of the vehicle he or she is driving and shall upon request exhibit his or her driver’s license to the person struck or the driver or occupant of or person attending any vehicle collided with and where practical shall render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if the carrying is requested by the injured person.
Larimer County law requires a person to report any accident, even if it is just a single car involved. The man did not do this, and is therefore facing this charge.
If you or a loved one has been charged with a traffic offense or driving-related crime in Fort Collins, Loveland, or Estes Park, now is not the time to let the law takes its due course: Be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 970-658-0007, or submit the “Get Help Now” form. We can even arrange a same-day visit with your loved one at the Larimer County Jail. Together, we can protect your future.
