Fort Collins Vehicular Assault and Hit and Run Lawyer | Revenge with a Car

A woman hit her boyfriend with her car after finding out he had HIV. She was charged with Hit and Run and Vehicular Assault.
A woman hit her boyfriend with her car after finding out he had HIV. She was charged with Hit and Run and Vehicular Assault.
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Revenge can be pretty ugly. The emotions that lead a person to take revenge on another can be very strong and overpowering. One woman is experiencing the negative consequences of her vengeful act by way of some pretty serious criminal charges. According to the news report, the woman had just found out her boyfriend was HIV-positive. I have to say, finding out a sexual partner has HIV or AIDS would probably throw me into a frenzy as well. Her response was to hit the man with her car while he was riding his bike, causing him to flip over the top of the car multiple times and land in the street. The woman did not stop, and the man attempted to get up, but could not stay on his feet. (See the video here). The woman was arrested and charged with Vehicular Assault, Attempted Murder, and Hit and Run.

Larimer County Vehicular Assault Attorney: What is the Definition of Vehicular Assault?

The Colorado law definition of Vehicular Assault – C.R.S. 18-3-205 – is:

(a) 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.

(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 this conduct is the proximate cause of a serious bodily injury to another, such person commits vehicular assault.

Because the woman sped up in order to hit her boyfriend, it could be argued that she drove recklessly, and that reckless driving caused her boyfriend some serious bodily injuries. If a person is charged with Vehicular Assault in Larimer, Boulder, or Grand County, for part (a), they would be facing a class 5 felony charge, punishable by 1 to 3 years in the Colorado Department of Corrections.

[pullquote align=”center” textalign=”center” width=”100%”]Have you been charged with Hit and Run, Leaving the Scene of an Accident, or Vehicular Assault? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]

Fort Collins Leaving the Scene of an Accident Defense Attorney: What is the Duty for a Colorado Driver Regarding Accidents Involving Death or Personal Injury?

The driver of any vehicle directly involved in an accident resulting in injury to, serious bodily injury to, or death of any person shall immediately stop such vehicle at the scene of such accident or as close to the scene as possible or shall immediately return to the scene of the accident. The driver shall then remain at the scene of the accident until the driver has fulfilled the requirements of section 42-4-1603 (1). Every such stop shall be made without obstructing traffic more than is necessary.

Penalty for Hit and Run in Fort Collins and All Larimer County

Hit and Run Causing Death or Bodily Injury in Fort Collins, Loveland, and Estes Park can be charged as a traffic offense, or felony depending on the level of injury sustained:

  • If the accident resulted in injury to any person, it is a class 1 misdemeanor traffic offense.
  • If the accident resulted in serious bodily injury to any person, it is a class 4 felony.
  • If the accident resulted in the death of any person, it is a class 3 felony.

‘Injury’ as defined by the statue is physical pain, illness, or any impairment of physical or mental condition. ‘Serious bodily injury’ means injury that involves a substantial risk of death, permanent disfigurement, protracted loss or impairment of any organ of the body, or breaks, fractures, or burns of the second or third degree. Based on the video, the man more likely suffered serious bodily injury, though the extent of his injuries were not disclosed. This means the woman would be facing a class 4 felony Hit and Run charge, which is punishable by 2 to 6 years in the Colorado Department of Corrections.

If you or someone you love has been charged with Leaving the Scene of the Accident – Hit and Run or Vehicular Assault, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 immediately. Together, we can protect your future.