Motor vehicle crashes happen at an alarming rate. While some of those crashes are accidents, others have causes like drunk driving, reckless driving or negligence. When it’s determined that a fatal crash wasn’t an accident, the driver who caused the wreck may face a vehicular homicide charge.
Once the cause of the crash is determined, the way the criminal case will be handled can be determined. For example, a case involving drunk driving will be handled in a much different manner than one involving reckless driving. Criminal defense attorneys take that information into account when they’re determining how to set the strategy to fight the prosecutor’s claims.
Cases involving drunk driving
In fatal drunk driving crashes, the focus is often on whether the driver operated a vehicle under the influence and if that led to the death. Intent to kill isn’t required in these cases, but this charge is treated more seriously in Colorado than similar cases involving reckless driving.
These cases often hinge on chemical test results, witness statements, officer observations and crash reconstructions. Each of those can become a part of the defense strategy.
Cases involving reckless driving
A reckless vehicular homicide charge focuses on how the driver was operating the vehicle. This is often used for cases involving extreme speeding, ignoring traffic controls, aggressive passing and other similar conduct that suggests the driver was disregarding significant risks.
It’s important to note that this doesn’t mean that a charge can occur just because the crash was fatal. Instead, prosecutors must be able to connect the fatality with conduct that meets the statute’s requirements.
Vehicular homicide cases are serious criminal matters because they can dramatically alter the defendant’s life. Understanding the defense options is critical, and those options must be tailored to the specific circumstances. It’s often beneficial for those facing these charges to seek experienced legal guidance.