Westminster Vehicular Assault and Homicide Defense Lawyer
A crash that results in serious injury or death can transform a driver from a victim of circumstance into a criminal defendant facing decades in prison. Colorado treats these cases with extraordinary seriousness, and Adams County prosecutors, who handle cases from Westminster, pursue them accordingly. When Reid DeChant takes on a Westminster vehicular assault or homicide defense case, he knows that the difference between a conviction and a dismissal often comes down to how thoroughly the evidence was examined before anyone got comfortable with the prosecution’s version of events.
What Colorado Law Actually Says About Vehicular Assault and Vehicular Homicide
These two charges often get discussed together, but they carry different weight and different consequences. Vehicular assault under Colorado law applies when a driver causes serious bodily injury to another person. If the driver was under the influence of alcohol or drugs at the time, the charge becomes a class 4 felony. Without impairment, it drops to a class 5 felony, though it remains serious.
Vehicular homicide applies when a person dies as a result of the crash. Again, impairment determines the tier. A DUI-related vehicular homicide is a class 3 felony, carrying a presumptive range of four to twelve years in the Department of Corrections. Without impairment, the charge is a class 4 felony. Both charges come with mandatory parole periods after release.
What makes these statutes particularly unforgiving is the phrase “proximate cause.” The prosecution does not need to show that you intended to hurt anyone. They only need to show that your conduct caused the outcome. That means cases often hinge on contested facts about speed, road conditions, mechanical failure, the other driver’s actions, or what exactly was in your system and how it actually affected your driving. These are all questions worth examining hard before accepting any outcome.
How Westminster and Adams County Prosecute These Cases
Westminster sits primarily within Adams County, with small sections crossing into Jefferson County. Most vehicular assault and homicide cases arising from Westminster roads are filed in Adams County District Court. Reid spent time as a public defender in Adams County and knows how that courthouse operates, how cases are assigned, and how local prosecutors approach evidence.
Law enforcement response to a serious crash typically involves multiple agencies. The Westminster Police Department handles initial investigation, and if fatalities are involved, accident reconstruction specialists are brought in quickly. These reconstructionists produce reports that become central evidence at trial. Their conclusions about speed, point of impact, sight lines, and driver behavior carry significant weight with juries, but they are not immune to challenge. The methodology matters. The instruments used to calculate speed matter. Whether the scene was preserved properly before measurements were taken matters.
Adams County has seen its share of serious crashes along US-36, Sheridan Boulevard, 104th Avenue, and Wadsworth Parkway, corridors that carry heavy traffic and frequently see high-speed collisions. The nature of these roads means that road design and traffic control can sometimes be relevant factors in how a crash actually happened.
If the case involves an allegation of impairment, a toxicology report will be central to the prosecution’s case. Colorado’s express consent law means your blood was likely drawn, and the results were analyzed. What the results actually show, and what they mean for your driving at the time of the crash, are two different questions. Drug impairment cases are especially complicated, because the presence of a substance in your blood does not always establish that it was affecting your driving at that moment. That distinction is worth fighting over.
Defense Strategies That Actually Address the Evidence
The defense in a vehicular assault or homicide case is built from the evidence outward, not from a template. What happened in this specific crash? What does the physical evidence actually support? What did witnesses actually see, as opposed to what they assumed after the fact?
Accident reconstruction reports from the prosecution’s experts can be challenged with independent reconstruction analysis. Blood test results can be scrutinized for chain-of-custody issues, lab error, or improper collection that affects reliability. Eyewitness accounts, which are often given more weight than they deserve, can be examined for what the witness truly observed versus what they inferred.
Causation is another avenue worth careful examination. Colorado law requires that the defendant’s conduct was the proximate cause of the injury or death. If another driver’s action, a road hazard, a mechanical defect, or some other factor was an intervening cause, that can affect how liability is assigned. This does not mean blame-shifting for its own sake. It means accurately reconstructing what actually happened.
In some vehicular homicide cases, the driver is also grieving the loss of the other person. The emotional weight of that situation is real, and it deserves to be part of how the case is handled and how the story is told, both in negotiations and, if necessary, at trial. Reid’s background in storytelling as a trial skill, developed through serious trial training, informs how he approaches cases where the humanity of the situation matters as much as the legal arguments.
Questions People Ask About These Charges in Colorado
Can vehicular homicide charges be filed even if I was not drunk?
Yes. Colorado’s vehicular homicide statute has two tracks. The impaired driving version is the more serious felony, but reckless driving that causes a death can also result in a class 4 felony charge without any allegation of alcohol or drugs. Prosecutors look at speed, distracted driving, running red lights, and similar conduct.
What happens to my driver’s license if I am charged with vehicular assault?
If the charge involves a DUI allegation, there will likely be a parallel DMV proceeding in addition to the criminal case. Colorado’s express consent laws trigger administrative license revocation independent of whether you are convicted. These DMV actions have strict deadlines and must be addressed separately from the criminal defense.
How does Adams County District Court typically handle these cases?
These are serious felonies that move through the district court. The process typically involves advisement, preliminary hearing or grand jury, arraignment, motions practice, and then either resolution through negotiation or a jury trial. Because of the stakes involved, the pre-trial phase matters enormously. What gets challenged, what gets suppressed, and what narrative gets established before trial can shape every outcome that follows.
Could a vehicular assault or homicide conviction affect my ability to work?
A felony conviction carries collateral consequences well beyond incarceration, including effects on professional licenses, commercial driving credentials, and employment background checks. For anyone with a CDL, a medical license, or a security clearance, the stakes extend far beyond the prison sentence itself. These consequences should be part of the conversation from the beginning.
What if the accident was partly caused by the other driver?
Shared fault is a legitimate issue in criminal cases, even though it is more commonly discussed in civil litigation. If the conduct of the other driver or a third party contributed to the crash, that is relevant to causation under Colorado’s vehicular assault and homicide statutes. The defense does not need to prove the other party was at fault, but raising reasonable doubt about causation is entirely appropriate.
Is it possible to negotiate a vehicular assault charge down to something less serious?
It depends on the facts. The strength of the prosecution’s evidence, the specific conduct alleged, the degree of injury, and the presence or absence of impairment all factor into how much room exists for negotiation. In some cases, charges have been reduced or dismissed based on evidentiary problems or causation challenges. Past results in other cases cannot predict what will happen in yours, but thorough preparation changes what is possible.
When should I contact a defense attorney after a serious crash?
As soon as possible. Law enforcement investigation begins immediately, and statements made in the hours after a crash can define the prosecution’s case before anyone has fully assessed the evidence. Having legal counsel involved early means someone is looking at the evidence before it is framed entirely by the prosecution.
Facing Vehicular Injury or Death Charges in Westminster or Adams County
These cases are among the most consequential that move through Adams County District Court. The sentences are long, the evidence is technical, and the emotional weight on everyone involved is substantial. DeChant Law approaches Westminster vehicular assault and homicide defense with the kind of attention these cases require: careful review of every piece of forensic evidence, a willingness to challenge expert conclusions that deserve to be challenged, and an understanding that the person charged is more than the worst moment of their life. Reid DeChant has tried serious cases in Adams County and elsewhere in the Denver metro area, and he brings that courtroom experience to bear when the situation demands it. If you or someone close to you is facing these charges, reach out to DeChant Law to talk through where things stand and what the defense actually looks like.