blog home DUI Defense What Should You Do If You’ve Been Accused of Vehicular Assault?

What Should You Do If You’ve Been Accused of Vehicular Assault?

By Timothy Bussey on January 23, 2018

You need to take immediate action! Vehicular assault is a heavily prosecuted crime in Colorado and, often times, defendants face steep penalties, including potential mandatory sentencing and a loss of driving privileges before a conviction even occurs.

At The Bussey Law Firm, P.C., we understand that a rush to judgment in the face of serious accusations will leave many people with a sense of hopelessness. That’s why we provide our clients with necessary guidance and aggressively defend their rights. When you are accused and the world has seemingly turned against you, there is help available.

Definition of Vehicular Assault

After an accident, especially one that involves injuries, you will probably experience a great deal of emotional duress and confusion that can impair your decision-making ability. That can be completely natural in such a stressful situation. If you are facing criminal charges, then it’s imperative that you educate yourself as much as you can about the situation.

In Colorado, there are two factual situations that give rise to a vehicular assault allegation:

  • A driver operates a motor vehicle in a reckless manner, and this conduct is the proximate cause of serious bodily injury to another.
  • A person operates a motor vehicle while under the influence or impaired by alcohol or one or more drugs, or a combination of both alcohol and drugs, and this conduct is the proximate cause of a serious bodily injury to another.

Defending a Charge of Vehicular Assault

There are a number of possible defenses for vehicular assault and the sooner you begin preparing that defense, the better your chances of obtaining a favorable outcome. The first step you’ll want to take is finding and hiring an attorney who understands the intricacies of a vehicular assault case. If your case involves alcohol then your attorney needs to contest your Express Consent (EC) license revocation. Even though this is an administrative procedure overseen by the Colorado DMV and separate from any criminal proceedings, your attorney will use this opportunity to begin building your defense or create leverage for the criminal side of the case.

In the absence of alcohol or drugs contributing to the serious bodily injury, a prosecutor will need to prove reckless driving was the proximate cause to secure a conviction for vehicular assault. Reckless driving is a major traffic offense in Colorado and occurs where a person drives a motor vehicle in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property.

Whatever your circumstances, vehicular assault is a serious accusation involving life-altering consequences. The best thing you can do is contact our team of attorneys at The Bussey Law Firm, P.C. Our experience in all manner of assault defense allows us to advocate tirelessly on your behalf and always work towards the best possible outcome. Call us at (719) 475-2555 to schedule a free consultation today.

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