Vehicular assault can occur two different ways. When an individual operates a motor vehicle in a reckless manner which causes serious bodily injury, the driver is charged with vehicular assault, which is a class 5 felony. For example, if a person drove 100 miles per hour on the freeway on an snowy day and slid into another car resulting in the driver breaking his leg, the driver who was speeding would be charged with vehicular assault. Reckless driving is a wanton or willful disregard for the safety of persons or property. The second way an individual can be charged is when a a individual is operating a motor vehicle impaired by alcohol or drugs and causes serious bodily injury, which is a class 4 felony. This charge would be accompanied by driving under the influence. It does not matter whether the individual was taking prescription medication, they will still be charged. Impairment is defined to be a person substantially incapable, either mentally and/or physically of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. Impairment can be proven by a blood alcohol test or supported by observations of witnesses and police officers. If you have been charged or are being investigated for vehicular assault or vehicular homicide, you should immediately consult with a Boulder vehicular assault and homicide attorney.
Vehicular homicide is comprised of the same elements as vehicular assault, with one distinguishing difference. The injured party suffers death. These are terribly sad cases for all parties involved. The driver of the vehicle must deal with the fact their actions caused the death of another individual and charges carrying prison are pending. It is a terrible situation to be in, but there is hope to resolving these cases in the most favorable way possible. When taking on a vehicular homicide case, the first thing we want to know is if the victim was a passenger in the vehicle. If so, was this individual engaged in consuming alcohol and/or drugs and voluntarily put them self in this situation. The resolution of vehicular homicide cases is different depending on these facts. Also we want to know the driving history of the driver. Has he or she had any prior DUIs.
Steven Louth Law Offices has two attorneys, a father and son who exclusively practice criminal law. Steven Louth and Zach Louth represent people in Boulder who are charged with vehicular crimes. Steven Louth specializes in vehicular assault and vehicular homicide cases. He served at the Boulder District Attorney’s office for eight years before starting his private practice and he prosecuted every single vehicular homicide while he was at the DA’s office. Mr. Louth understands exactly how the prosecution puts these cases together. He knows what expert witnesses will say when they are brought in to reconstruct the accident and understand how to question their theories and reconstruction. Mr. Louth has extensive experience defending individuals charged with vehicular assault or vehicular homicide in his twenty five year career as a criminal defense attorney.
Boulder Vehicular Assault Attorney Steven Louth led the appeal of a case in 1996, while he was serving as a deputy district attorney. This case involved the issue of whether blood results should be suppressed due to lack of probable of alcohol impairment. The case was People of the State of Colorado V. Stephen Andrew MacCallum.
If you have been charged or are being investigated for vehicular assault or vehicular homicide, you should immediately consult with an attorney to understand your rights and options going forward. Mr. Louth will answer all your questions and give you an idea of where your case is headed during a free consultation. Contact Boulder Vehicular Assault and Boulder Vehicular Homicide Attorney Steven Louth at 303-442-2297.