Breckenridge Vehicular Assault Defense Attorneys
What Legally Constitutes Vehicular Assault in Breckenridge?
Vehicular assault is a strict liability crime in Colorado. Regardless of whether the defendant intended to hurt someone, the judgment is typically the same. However, the courts consider the defendant's actions (driving recklessly or while under the influence of alcohol and drugs) and how they contributed to the accident.
Under CRS 18-3-205, the crime of vehicular assault occurs when a person:
- Drives recklessly OR drives under the influence of alcohol or drugs, and
- Driving is the proximate cause of serious bodily injury to another person.
The Breckenridge criminal defense attorneys at Whitaker & Penix, LLC have extensive experience handling vehicular assault cases. We understand the complex laws and procedures involved in these cases and know how to build a strong defense on your behalf. We will work tirelessly to get the best possible outcome in your case.
If you have been charged with vehicular assault in Summit County, contact Whitaker & Penix, LLC by calling (970) 368-0602.
Reckless Driving vs. Careless Driving
Reckless driving and careless driving are significant problems on our roads today, but they have different definitions. Reckless driving is defined as driving in a manner that shows a disregard for the safety of others, including speeding, weaving in and out of traffic, running red lights, and more. Careless driving is defined as operating a motor vehicle without due regard for the road and its surroundings and can be anything from not paying attention to the road to tailgating to driving unsafely in poor weather conditions.
Reckless driving is more severe than careless driving and only reckless driving can lead to a vehicular assault charge. But both are leading causes of accidents and fatalities on our roads, so prosecutors are highly motivated to apply stiff penalties when they can.
What are the Penalties for Vehicular Assault in Colorado?
Vehicular assault is considered a severe crime in Colorado. Depending on the severity of the victim's injuries, you could face a prison sentence of anywhere from one to twelve years, as well as substantial fines and restitution costs.
Vehicular assault due to recklessness is a class 5 felony, which typically carries the following penalties:
- A fine ranging from $1,000 to $100,000
- One to three years in prison
- Two years of mandatory parole
Vehicular assault involving DUI or DWAI is a class 4 felony, which typically carries the following penalties:
- A fine ranging from $2,000 to $500,000
- 2-6 years in prison
- Three years of parole
Common Defenses Against Vehicular Assault in Summit County
A few common defenses can be used against vehicular assault charges in Summit County. One is to claim that the vehicle was not being used as a weapon but instead was being driven in a manner that was not dangerous. Another defense is to claim that the victim was not in the line of sight of the driver and, therefore, could not have been reasonably expected to be hit. Finally, it may be possible to argue that the driver acted in self-defense or that the victim provoked the driver. A skilled Breckenridge criminal defense lawyer can help you in your vehicular assault. Contact Whitaker & Penix, LLC at (970) 368-0602 for a consultation.