You need a vehicular assault defense lawyer if you are charged with vehicular assault.
When you are charged with vehicular assault, it means that the state thinks you were driving under the influence and it caused serious bodily injury to another person. You should meet with a vehicular assault defense lawyer to start learning how to handle your case.
Vehicular assault cases can even occur in a single-vehicle crash where even one of your passengers is seriously hurt.
In a vehicular assault case the state only needs to prove the facts: (1) operation of the vehicle, (2) the driver was under the influence of alcohol or drugs or both, and (3) that the conduct was the proximate cause of serious bodily injury to another. Vehicular assault is a strict liability crime where the state DOES NOT need to prove intent or any mental state at all.
Colorado’s law defining vehicular assault is CRS 18-3-205 and is a felony with the possibility of prison, community corrections, or probation.
These are heartbreaking cases where the driver charged did not mean to hurt anyone. Often the person hurt is a friend or family.
How can a Vehicular Assault Defense Lawyer help you?
Vehicular assault cases have the same foundation as a DUI case.
Department of Revenue revocation hearing or refusal hearing
We must first deal with the Department of Revenue’s revocation hearing. However, when the officer performs a felony blood draw procedure, the test results may take weeks or months to get back to the investigating officer. As a result, you may get a letter from the department of revenue months later informing you of your right to request a hearing. This hearing request is the first vital step in fighting your case.
You might not even get arrested or charged for weeks or months
Because the investigating officer wants to present the case to a district attorney before charging you, you may not get arrested when the investigation begins. You may not even lose your license right away. While these things are likely to happen, they are warning signs that the investigators are getting their ducks in a row before making the decision to charge you. More simple DUI cases are charged at the scene.
A good Vehicular Assault Defense Lawyer will be able to help with case assessment and plea negotiation
The first phase of a vehicular assault case is to study the police reports, witness statements, medical reports, accident reports, and body camera recordings. We work together to find the strengths and weaknesses in your case. A good vehicular assault defense lawyer will negotiate with the prosecutor to get a deal on the table to attempt to avoid the cost, risk, and toll a trial will bring.
If we cannot negotiate a plea agreement that the prosecutor is willing to offer that you want to accept, we go to trial. We litigate the case at motions hearings and fight your case in front of a jury.
Call us now to get your free consultation!