Death as Result of Driving While on Drugs

Vehicular Homicide

  • Colorado vehicular homicide: In most cases, vehicular homicide in Colorado is a
    Class 3 felony, punishable by 4 to 12 years in prison and up to $750,000 in fines.

The state must prove:

  • That you operated a motor vehicle in a reckless manner, or while under the influence
    of alcohol or drugs, and that your actions were the proximate cause of someone’s
    death.

Being accused of causing a fatal accident while under the influence of drugs is
an extremely serious charge that can lead to years behind bars and will leave you
exposed to enormous civil liability should the victims file a wrongful death lawsuit.

The Denver defense attorneys at Rosenthal & Heymann will move immediately
to protect your rights and the financial well-being of you and your family. We recommend
that you do not make any statements or sign any paperwork – including police citations
or insurance forms – until you contact our office for a free and confidential appointment
to discuss your rights. Not only will we assign a criminal defense team to immediately
begin investigating your case and building your defense, but our attorneys will
have access to our wrongful death department, which can assist in working to limit
your civil liability.

Vehicular homicide cases involving drugs are complicated by the fact that drugs
can remain in a person’s system long after they cease having any impact on driving
ability – marijuana, for instance, can stay in a person’s system for 30 days. In
order to convict you of vehicular homicide, the state must prove that you were under
the influence and that your reckless behavior was the proximate cause of the accident
and the death that resulted.

The Denver vehicular homicide attorneys at Rosenthal & Heymann will build
a two-prong defense, by both contesting the operating under the influence charge
and by disputing that you were at fault in the accident. If the state fails to prove
either allegation, you cannot be found guilty of vehicular homicide.

Building a defense in a Colorado vehicular homicide case may involve:

  • Independent blood testing of the sample used to charge you with DUI drugs.
  • Thoroughly reviewing your case and challenging evidence, police conduct or the results
    of a search of your person, home or automobile.
  • Professional accident reconstruction to determine the cause or causes of the accident.
  • Working with prosecutors to seek a reduction or dismissal of the charges.
  • Challenging evidence in court.
  • Building a case for trial.

At Rosenthal & Heymann, we will assign a team of investigators, Denver trial lawyers
and support staff who will immediately set to work building your case for trial.
This proactive approach permits the kind of thorough investigation necessary to
challenge evidence in court while pushing for a reduction or dismissal of the case.
By building a strong foundation, we will negotiate on your behalf from a position
of strength. And, in the event we cannot reach an agreement that is in your best
interest, we will be ready to defend you at trial. If you are facing a vehicular
homicide charge in Colorado, contact Rosenthal & Heymann today for a free and confidential
consultation to discuss your rights.

Rosenthal & Heymann – Call 303-825-2223 – Free Consultation