Careless Driving Causing Injury Or Death
If you have been accused of careless driving causing injury or death, you have the right to fight the charges. An experienced attorney can help. At Pearson & Paris, P.C., we have more than 50 years of combined legal experience that we will use in your defense. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how district attorneys handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.
Whether in the Denver area or anywhere in Colorado, careless driving causing injury or death occurs when a person operates or drives a motor vehicle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic and use of the streets and highways and all other attendant circumstances and causes either bodily injury or death to another person.
Possible Consequences For Careless Driving Causing Injury Or Death
The penalties for careless driving causing injury or death are the same. Both are classified as class 1 misdemeanor traffic offenses. If convicted of careless driving causing injury or death, a person faces: (1) probation, with a possible jail sentence as a condition of probation of up to 60 days, or up to a two-year work release sentence as a condition of probation, or (2) a sentence to the county jail of up to one year.
It is also important to note that conviction of careless driving causing death is a 12-point offense, and it will likely result in a one-year suspension of your driving privileges. Careless driving causing injury is a four-point offense and it, in and of itself, does not trigger a direct driver’s license consequence.
Possible Defenses For Careless Driving Causing Death Or Injury
Whether a person is charged with careless driving causing death or careless driving causing injury, the general approach to defending a vehicular homicide charge remains the same. First, it is important to reconstruct the accident using a qualified expert and to include scene measurements and scene observations of skid marks, gauge marks, yaw marks and other physical evidence. Second, the defense will center on establishing that the driver was not careless in operating the vehicle.
The remaining defenses that may be applied in a careless driving case apply with equal force to those that may apply in any other criminal case. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures based on probable cause, a proper warrant, and the right to due process in the proper preservation of evidence that may be used against you. Many other defenses are available that rely on scrutinizing and exposing weaknesses in the prosecutor’s case, such as biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood or urine for forensic testing, incompetent computer evidence, flawed photo lineups and inaccurate crime scene/accident reconstructions.
It is important that you hire a skilled and experienced lawyer to defend you in a case of careless driving causing injury or death in Arvada, Jefferson County, or across Colorado.