Johnstown Vehicular Assault and Vehicular Homicide Defense Lawyer

A crash that causes serious injury or death can turn a driver’s life upside down within hours. What begins as a traffic investigation can escalate quickly to felony charges, an arrest, and a prosecution that carries prison time measured in years, not months. When Colorado charges someone with vehicular assault or Johnstown vehicular homicide defense, the legal stakes are fundamentally different from an ordinary DUI or reckless driving case. Reid DeChant represents people facing these charges across the Front Range, including Weld County courts where Johnstown cases are prosecuted.

What Colorado Actually Charges in These Cases

Vehicular assault and vehicular homicide are distinct charges under Colorado law, and the distinction matters a great deal when building a defense. Vehicular assault under C.R.S. 18-3-205 applies when a driver’s conduct causes serious bodily injury to another person. Vehicular homicide under C.R.S. 18-3-106 applies when the conduct causes death. Both offenses can be charged under two different theories: driving under the influence, or driving recklessly.

The DUI-based version of each charge carries heavier consequences. Vehicular assault while under the influence is a class 4 felony. Vehicular homicide while under the influence is a class 3 felony. The recklessness-based versions are still serious, but they carry somewhat lower sentencing ranges. Prosecutors in Weld County often decide which theory to charge based on the results of blood or breath testing done at the scene or shortly after, and on witness accounts of how the vehicle was being driven before impact.

One detail that surprises many people: the presence of any amount of certain substances in a driver’s blood can support a DUI-based charge even if impairment was debatable at the time. This is particularly relevant in drug cases where metabolites linger in the bloodstream long after any actual effect has worn off. Understanding which theory the prosecution is relying on shapes every aspect of the defense strategy.

The Specific Evidence That Drives These Prosecutions

Unlike a standard DUI stop, vehicular assault and homicide investigations typically begin at a crash scene and move outward. Law enforcement will gather a significant amount of evidence before charges are ever filed, and much of it can be challenged.

Blood draws are central to most of these cases. If law enforcement obtained a blood draw through a warrant or under express consent, the timing of the draw matters enormously. Colorado law requires chemical testing within two hours of driving when express consent is the basis for the test. Results drawn outside that window, or drawn under a warrant with procedural errors, are subject to suppression arguments. Reid has successfully challenged DMV express consent actions on procedural grounds and brings that same attention to blood evidence in criminal cases.

Crash reconstruction is another major piece. In serious collision cases, investigators often bring in reconstruction specialists who analyze skid marks, vehicle damage patterns, point of impact, and road conditions to establish speed and relative fault. These reports are not infallible. Reconstruction methodology can be contested, and independent expert review of the conclusions is often warranted. Speed estimates derived from crush damage calculations, for example, carry known margins of error that prosecution experts do not always disclose.

Witness accounts taken at the scene, surveillance footage from businesses along Highway 34 or I-25 through Weld County, and data pulled from a vehicle’s event data recorder can all become exhibits at trial. The recorder, sometimes called a black box, captures throttle position, brake application, and speed in the moments before impact. That data requires careful interpretation and is not always as conclusive as prosecutors suggest.

Recklessness Is a Legal Standard, Not a Description of the Driver

One of the most significant misunderstandings people have when facing these charges is equating the legal definition of recklessness with being a careless or bad person. Colorado law defines recklessness as consciously disregarding a substantial and unjustifiable risk. That is a specific legal standard, and whether a driver’s conduct actually met it is a genuine question in many cases.

A moment of inattention is not the same as conscious disregard. Responding to a child in the backseat, briefly looking at a navigation screen, or making a driving error that most people make regularly does not automatically satisfy the recklessness standard. Prosecutors sometimes charge recklessness based on speed or lane changes that, in context, fall short of what the statute actually requires. At trial, that distinction can be the difference between a felony conviction and an outcome that reflects what actually happened.

Reid’s background at Trial Lawyers College shaped how he approaches the storytelling dimension of serious cases like these. The facts of a crash can be framed in multiple ways, and the way a defense attorney presents a client’s story, rooted in the client’s actual experience and the real sequence of events, matters enormously to how a jury understands what happened.

Weld County Courts and What to Expect During the Process

Johnstown sits in Weld County, and vehicular assault or homicide cases originating there are handled in the Weld County District Court in Greeley. These are district court cases from the start, given that the charges are felonies. That means no county court phase. Defendants will face a first appearance, followed by preliminary hearings or a grand jury process, pre-trial motions, and potentially trial.

Weld County prosecutors have a reputation for proceeding aggressively in cases involving fatalities, particularly when impairment is alleged. The local law enforcement agencies along the U.S. 34 corridor and the stretch of I-25 running through the county conduct active DUI enforcement, and reconstruction teams are often activated in serious crashes involving injury or death. The time between an arrest and the filing of formal charges can be days to weeks depending on toxicology results, and it is not unusual for charges to be upgraded as additional evidence comes in.

Bond conditions in vehicular homicide cases frequently include restrictions on driving, travel limitations, and alcohol or drug monitoring. Those conditions are negotiated at the first appearance, and having counsel present at that stage can affect what conditions are imposed.

Questions Reid Hears from People Facing These Charges

Can a vehicular assault charge be reduced to a misdemeanor?

It is possible in some cases. The recklessness-based version of vehicular assault is a class 5 felony, and depending on the circumstances and the evidence, a plea to a lesser charge may be available. That is highly case-specific and depends on what the prosecution can actually prove and whether any evidence can be suppressed or challenged.

Does it matter that the other driver was also at fault?

Comparative fault in a crash does not automatically defeat criminal charges the way it might affect a civil lawsuit. But evidence that another driver contributed to the collision is still relevant at trial. If the defense can raise reasonable doubt about whether the charged driver’s conduct was actually the proximate cause of the injury or death, that is a legitimate defense theory.

What happens if there was no alcohol involved, just distracted driving?

Distracted driving can still support a recklessness theory if a prosecutor can argue the driver consciously disregarded a known risk. However, these cases are generally harder for the prosecution than DUI-based charges. The absence of impairment evidence narrows what the state can prove, and the recklessness standard is contested more successfully without blood alcohol or drug evidence in play.

What if I gave a statement to police at the scene?

Statements made at the scene are part of the record and can be used against you. An attorney will review what was said, the circumstances under which it was made, and whether any Miranda issues apply. Statements made before a formal arrest or advisement can sometimes be challenged depending on the facts.

How long do these cases take to resolve?

Vehicular homicide cases in particular tend to move slowly because of the volume of evidence involved. Toxicology reports, reconstruction analysis, and witness preparation all take time. From arrest to trial or resolution, a year or more is not unusual in Weld County District Court.

Will a conviction affect my driving privileges?

Yes. A conviction for vehicular assault or vehicular homicide involving DUI carries automatic license consequences separate from the criminal sentence. Those proceedings run through the Colorado DMV and are handled on a different track from the criminal case. Both tracks need attention.

Can I be charged even if I was not arrested at the scene?

Yes. In cases where a driver left before law enforcement arrived, or where initial investigation did not result in arrest, charges can still be filed later based on the investigation. If law enforcement has reached out to speak with you about a crash, that is a situation where having legal representation before any interview takes place is worth taking seriously.

Facing Vehicular Assault or Homicide Charges Near Johnstown

DeChant Law defends clients facing serious felony charges across the Denver metro and Front Range, including cases filed in Weld County District Court. Reid’s experience as a public defender handling homicides and serious felonies, combined with private practice defending DUI and assault cases, gives him a grounded perspective on what these prosecutions actually look like and where defenses can be built. If you are facing vehicular assault or homicide charges in the Johnstown area, reaching out early gives your defense the most room to work with the available evidence.