Based in Fort Collins, the Law Office of Andrew L. Bertrand, PC is a criminal defense practice serving Larimer County and northern Colorado. Our experience includes successfully representing clients charged with vehicular assault and vehicular homicide.
Felony Vehicular Assault
Under Colorado law, a person commits vehicular assault if he or she operates or drives a motor vehicle in a reckless manner or while under the influence of alcohol and/or drugs, and as a result causes serious bodily injury to another person. Vehicular assault as a result of recklessness is a Class 5 felony punishable by six months to six years in prison, two years of parole, and possible fines of $1000 to $100,000. Vehicular assault involving DUI or DWAI is a Class 4 felony, carrying a one year to 12 year prison sentence, a mandatory parole period of three years, and possible fines of $2000 to $500,000.
In a DUI vehicular assault case, the prosecution does not need to show harmful intent on the part of the driver to prove liability. Rather, simply establishing that a driver was intoxicated at the time an injury accident occurred may be enough to achieve a conviction. Therefore, it is necessary for experienced criminal defense counsel to thoroughly analyze detainment procedures, breath tests, and other circumstances of the arrest to uncover potential violations, and challenge presumptions in favor of the prosecution.
Felony Vehicular Homicide
Vehicular homicide is more serious than vehicular assault, as it involves the death of another person as opposed to serious injury. Under Colorado law, a person may be charged with vehicular homicide if he or she operates or drives a motor vehicle in a reckless manner or while under the influence of alcohol and/or drugs, and causes the death of another. Vehicular homicide as a result of recklessness is a Class 4 felony punishable by one to 12 years in prison, three years of parole, and $2000 to $500,000 in fines. Vehicular homicide involving DUI or DWAI is a Class 3 felony, carrying a prison sentence two to 24 years, five years of parole, and $3000 to $750,000 in fines.
DUI vehicular homicide charges involve the same presumptions regarding liability as vehicular assault. Accordingly, a thorough examination of the incident is essential to successfully mitigating or defeating these charges. Our attorneys understand how to explore and reconstruct accidents, analyze medical reports, and utilize expert opinions to reveal the potentially numerous factors that could have contributed to an accident.
Seek Experienced, Knowledgeable Defense Counsel
If you or a loved one has been charged with vehicular assault or vehicular homicide, many factors can affect the severity of the consequences you face. Therefore, it is imperative to discuss your options with an experienced criminal defense attorney. Contact the Law Office of Andrew L. Bertrand, PC today. During a free initial consultation, we will provide valuable insight into your case and discuss your best course of action. Should you retain our services, we accept all major credit cards.