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Berthoud Woman - Careless Driving, Possible Vehicular Assault

A Berthoud, Colorado woman was arrested and charged with Careless Driving Resulting in Injury (C.R.S. 42-4-1402) after she allegedly ran over a pedestrian's feet during an argument. The Loveland police claim that, after threatening another driver to move their vehicle or she would hit it, the driver started her car, accelerated and ran over the feet of the pedestrian, pinning her between the two vehicles. It is unclear at this time whether the Larimer County District Attorney will add a Vehicular Assault (C.R.S. 18-3-205) charge.

If the Larimer District Attorney decides to add a felony Vehicular Assault charge in this criminal case, he would have to prove that the driver drove in a reckless manner, causing serious bodily injury to another. Serious bodily injury includes a broken toe / foot bone. As it stands, the Careless Driving charge is a traffic offense in Colorado jurisdictions such as Denver, Adams, and Jefferson County, which carries up to a $1000 fine and up to a year in jail when there is a resulting injury.

A conviction for Careless Driving will assess four points against a person's license to drive in Colorado. Excessive points are a common cause for the suspension or revocation of a driver's privilege to operate a motor-vehicle in Colorado. If a driver like this woman accumulates 12 points in twelve months, or 18 points in twenty-four months, she will lose her driving privilege. Points are tallied based on the date of offense, not the date of conviction. An additional concern in this case is a conviction for Vehicular Assault, which could result in the immediate loss of the driver's Colorado license.

The driver in this case is being held in the Larimer County jail on a warrant that was issued because she failed to appear in another case in which she is facing Harassment charges (C.R.S. 18-9-111).

If you have been charged with a traffic offense, or any other felony or misdemeanor crime by the Thornton, Westminster, or Lakewood police, the attorneys at the O'Malley Law Office can help make sure your rights are protected as we fight the charges. We are experienced attorneys who devote ourselves solely to the practice of criminal defense. When you are accused of a crime, be smart, exercise your right to remain silent, and call us today at 303-731-0719. Together, we can protect your future.

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