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Vehicular Homicide, Hit and Run Death of Cyclist: C.R.S. 18-3-106

| Sep 12, 2012 | Homicide |

A 22 year old woman was charged with Vehicular Homicide (C.R.S. 18-3-106), Careless Driving Causing Death (C.R.S. 42-4-1402 (2)), Driving Under the Influence (C.R.S. 42-4-1301), and Hit and Run (C.R.S. 42-4-1601) in Jefferson County, Colorado, after hitting a biker and then leaving the scene of the accident. The biker was initially declared brain dead and then died on the following day. The woman who was driving ended up calling the Lakewood Police and reporting herself after she left the scene of the accident. She was able to bond out of the Jefferson County Jail on a $1000 cash bond.

If a person operates or drives a vehicle in a reckless manner, and this conduct is the proximate cause of the death of another, such person commits Vehicular Homicide (C.R.S. 18-3-106) in Adams, Jefferson and Douglas County, Colorado. If the driver is under the influence of alcohol or another controlled substance at the time of the Vehicular Homicide, it is considered a strict liability crime and raises the severity of this driving offense. In such circumstances, Driving Under the Influence (C.R.S. 42-4-1301) is a lesser included offense of Vehicular Homicide.

While fleeing the scene after a terrifying accident may be a natural fight or flight response, doing so compounds the possible criminal consequences exponentially and Colorado District Attorneys will be much less likely to offer a favorable plea bargain. Leaving the scene of an accident resulting in death can turn what would have been a charge for Careless or Reckless Driving (a misdemeanor traffic offense), into a felony.

The worst thing you can do if you are in an accident is to leave the scene of the accident.

At the O’Malley Law Office, our attorneys are experienced in handling all types of traffic cases, from the less serious like Careless Driving, to the extremely serious like Vehicular Assault and Vehicular Homicide. If you are contacted by the Denver, Westminster, or Thornton police regarding allegations of Vehicular Homicide or Driving Under the Influence, be smart, exercise your right to remain silent, and call our passionate attorneys at 303-731-0719 to set up a free initial consultation today. Together, we can protect your future.