Denver Careless Driving Charge Could Lead to 1 Year in Jail

An individual who reportedly killed two pedestrians is facing charges of careless driving resulting in death in Thornton, just outside of Denver.

Our Denver traffic defense attorneys understand that in this situation, as in so many, the individual behind the wheel had no ill intent. According to authorities, there is no evidence alcohol or drugs were even involved.

The Denver Post reports that two Brighton individuals, ages 33 and 22, were struck by the driver, who was in a pick-up truck, as they walked along the dirt shoulder of East 168th Avenue. A teen who was with them was also struck, and he remains in critical condition.

The 33-year-old driver was reportedly on his cell phone and was distracted momentarily when the accident occurred. Those who know the father-of-two have described him as hard-working, a good father and one you could rely upon in tough times. Even a Thornton police spokesman was quoted by the Post as saying “It could happen to anyone.”

On that stretch of road, the speed limit is 45 miles per hour and there are no sidewalks. While one hesitates to blame the victim of this horrible tragedy, a skilled defense attorney might point out that this was not the safest place for these individuals to be walking.

The driver reportedly stopped immediately after the crash to help the victims.

According to the National Highway Safety Administration, distracted driving resulted in the deaths of approximately 5,500 people across the country in 2009. In about 18 percent of those cases, cell phone use was blamed.

Because there was no alcohol involved and the driver stopped immediately, he is charged with a misdemeanor under Colorado Statute 42-4-1402.  If no one had been hurt, this would be considered a Class 2 misdemeanor. But when someone – or in this case three people – suffer serious injury or death, it is considered a Class 1 misdemeanor. Basically, this means that you will face a penalty of between 10 days and 1 year in jail, and could also be made to pay a fine of between $300 and $1,000.

In cases like this, prosecutors will often seek jail time because the families are hurting and they want to provide them some measure of solace. On the one hand, you understand that because you never meant for this to happen in the first place. On the other, you should speak to no one until you have first consulted with your Denver defense attorney.

Validity of Castle Rock Marijuana DUI Debated

The issue of marijuana DUI in Castle Rock has been raising a number of questions among those in the legal community, here and across the country.

Our Castle Rock marijuana DUI attorneys know that while it is illegal to drive while intoxicated on any substance, the issue of how that is measured has created a very gray area in terms of the law.

This is illustrated in one case that was highlighted in a recent article by The Associated Press. A suburban woman from Denver told the reporter that while she would never get behind the wheel immediately after smoking marijuana, if she were to be tested by a law enforcement officer, her THC levels would likely be off the charts.

That is because her doctor has legally prescribed her marijuana to help ease the tremors of her multiple sclerosis.

“I don’t drink and drive, and I don’t smoke and drive. But my body is completely saturated with THC,” she told the reporter.

State lawmakers are debating the establishment of a marijuana threshold that would determine whether a person is driving under the influence of marijuana. That threshold would be 5 nanograms.

The problem is that marijuana, unlike alcohol, stays in a person’s system for an extended period of time. So while a person may blow a 0.08 alcohol blood content, which would all but prove they had been drinking in the last few hours, a marijuana reading would show that a person had consumed marijuana, but would not be accurate in terms of the time frame. That time element is crucial in proving whether the person is driving intoxicated.

While recent research has linked marijuana use to the risk of a crash – something conservative lawmakers have pounced on – some have pointed out that this research falls short of proving anything scientifically. Use of marijuana was not determined to be the sole cause of many of those crashes, and there was no detailed data involving the dosage  or whether other drugs were present as well.

If you are charged with marijuana DUI in Castle Rock, it’s important that your first phone call be to an attorney.

Traffic Offenses More Serious Than Most Think

Most people are lucky if they only get one traffic citation in their life. Speeding, moving violations, failure to obey a stop sign, and the list goes on. No matter how vigilant a driver we are, everyone makes mistakes from time to time, and the odds are good that there will eventually be a police officer there looking to meet their quota when one of those mistakes happens.

But for some of us, traffic citations are more than just an every-now-and-then affair. Some people drive more recklessly than they should, and others are just unlucky.

Those citations, while individually they may not be very serious, can quickly add up to make life very difficult for you.

Every citation comes with at least a fine, but then beyond that fine, you’re likely looking at increased insurance rates, as well. If your offense is serious, you could be looking at educational classes, community service, license suspension, or even jail time.

That’s why it’s important to fight every citation in court, because the more citations you’re charged with, the worse the sentencing is going to be.

If you fight each citation as it happens, it makes it that much easier for you the next time you get charged with a traffic offense. If you ignore the citations until the potential sentence becomes serious, there’s only so much that even a talented lawyer can do for you.

Don’t wait to contact a skilled defense attorney, or it may be too late!

Charlottesville Businessman Sentenced in DUI Manslaughter Case

What makes drinking and driving a dangerous combination is the fact that you’re not completely aware of your actions until you sober up and learn that your actions injured or killed someone. At that point you can’t undo what’s already been done, and all the apologies in the world will never be enough for the persons your actions harmed. A businessman in Charlottesville, Virginia stood in a courtroom and expressed sincere remorse for driving drunk one day in October 2010 and killing an aspiring winemaker.

The Daily Progress recently reported that the 59-year-old suspect was driving on a city highway when he lost control of his vehicle. He crossed the center line and into the path of the victim’s motorcycle, throwing him from his bike. He died at the scene. Police found an empty liquor bottle and receipt showing he had purchased the liquor from a store earlier that day. The suspect had a blood-alcohol content of 0.111, which exceeded Virginia’s legal limit of 0.08. He was arrested and later plead guilty to DUI manslaughter.

The suspect was sentenced to 11 years in jail, 8 years of which were suspended. Therefore, he will spend three years in jail. He was also put on probation and ordered to remain on good behavior for 10 years after his release. He was prohibited from driving for a year after his release and was ordered to attend Alcoholics Anonymous meetings.

In court, the suspect read a statement apologizing to the victim’s family for his actions. His wife had testified that she had no knowledge of her husband’s drinking. The suspect had no previous criminal history and a good driving record before his arrest. This suspect had no intention of harming anyone, and he certainly didn’t anticipate ever having to retain a criminal defense attorney. It just goes to show what the decision to drink and drive can cost you.

Florida Man Charged With DUI Manslaughter

DUI and manslaughter charges often results in jail time for the offender. Each offense is a serious crime with equally serious consequences, although the penalties for DUI are significantly less harsh than those for manslaughter. Driving after consuming alcohol is never a wise move, even if you’ve only had a few drinks. A few drinks may be all it takes to impair your judgment and ability to safely drive.

One such driver in Orange City, Florida drove while intoxicated and ended up killing another motorist. The Daytona Beach News Journal recently reported that the suspect was speeding along an interstate highway when he rear-ended the victim’s vehicle, killing him. A blood test determined the suspect had a blood alcohol level nearly three times’ Florida’s legal limit. According to Highway Patrol, the suspect turned himself in upon learning there was a warrant out for his arrest. He was later released from jail after posting bail. At press time, he faced charges of DUI manslaughter and DUI bodily injury.

The suspect in this case most likely faces a long prison sentence for the manslaughter charges alone, because manslaughter is a felony. The length of his jail term will not only depend on how well his criminal defense attorney argues his case, but on whether or not he is a habitual DUI offender. Jail time is certain even without any previous convictions. The fact that he took responsibility for his actions and turned himself into the authorities will be taken under consideration, but it may have very little influence on a judge’s decision when it comes to sentencing.

Man Gets 15-Years for DUI Manslaughter

When you drink and drive, you risk your life and that of other motorists on the road. If someone is injured or killed as a result of your actions, it affects more than your civilian status. A family is left to suffer through the injury or grieve the loss of a loved one. The victim will have to deal with the trauma and memory of the accident for awhile, if not the rest of his or her life.

A 41-year-old man in Pinellas County, Florida will spend the next 15 years of his life behind bars, living with remorse for a decision that cost a 22-year-old man his life, and him his freedom. A recent St. Petersburg Times story reported that the suspect was charged with DUI manslaughter and was given the maximum sentence.

The suspect, who was married with a son, tearfully apologized to the victim’s family, saying that he never intended to hurt anyone. One night in August 2009, the suspect rear-ended the victim’s vehicle on an interstate highway, killing him instantly. He had a blood alcohol content level more than twice Florida’s legal limit.

The victim’s grandmother told the suspect in court that although her son would forgive him if he were still alive, she wasn’t yet ready to forgive him. The victims parent’s were too distraught to attend the sentencing. The presiding judge in the case handed down the maximum sentence primarily because of the victim’s previous DUI convictions.

A son will have to spend the next 15 years without his father in the home because of a tragic error in judgment–one that forced a mother to bury a beloved son. Drinking and driving is simply not worth the risk. The criminal defense attorney in this case undoubtedly tried his best to get a reduced sentence, but his client’s previous DUI convictions made him appear to the judge as someone who not yet learned his lesson and warranted a harsher punishment, which he received.

Man Get 10 Years for DUI Manslaughter

Driving under the influence (DUI) is illegal in all 50 states. DUI charges can mean heavy fines, jail time, loss of driving privileges and higher auto insurance premiums. Manslaughter is a felony in all 50 states, with stiffer fines and much longer jail sentences. Charges of both DUI and manslaughter is pretty much an automatic prison sentence, the length of which is determined by how well your criminal defense attorney does his job. A West Palm Beach man recently accepted a plea deal of a decade in prison for his role in a 2010 crash that killed a baby.

A recent Palm Beach Post News story reported that the suspect pleaded guilty to DUI manslaughter. He was speeding down a street in suburban West Palm Beach when he crashed into two cars that were stopped at an intersection. The impact of the crash pushed in the back seat of a minivan occupied by a woman, her 8-year-old son and 3-month-old baby daughter, who was in a car seat in the back seat. The baby was killed instantly. Her mother and brother were also seriously injured but recovered. A 2-year-old girl and man in the other car were also injured but recovered.

Witnesses stated that the suspect was driving 60 mph while appearing to be looking at the sky. After the crash, witnesses saw the suspect get of out his car and go back and forth between throwing up his hands and holding his head in his hands. His eyes were reportedly bloodshot, and he appeared to be high. The suspect then walked away from the scene but was later apprehended by authorities.

The suspect was sentenced to 10 years in jail and also ordered to pay restitution to the surviving victims, five years’ probation and surrender his license.

Blind Woman Charged With Reckless Driving

According to the National Federation of the Blind, a person is legally blind when they have 20/200 vision or less in the better eye with corrective lens. It is against the law to drive while legally blind, and a person who has been determined legally blind is denied a driver’s license or may lose his license once diagnosed.

A legally blind woman in Charlotte, North Carolina was recently arrested for reckless driving, according to FOX Charlotte News. On August 24, the woman had been punched in the eye during a domestic dispute. The blow caused a laceration to the eye, and the eye had swollen shut. Doctors  diagnosed her as legally blind and advised her not to drive.

Later that night around midnight, the woman attempted to drive home from the hospital. She turned off her headlights in an attempt to slip past hospital security and ended up hitting a traffic gate. She was arrested and charged with reckless driving. She was later released on bond.

The criminal defense attorney who handles this case will likely examine the woman’s home life to see if there’s a pattern of domestic abuse that may have contributed to her actions. While what she did was reckless, it was not done out of malice. She simply wanted to go home. What’s not clear is why she couldn’t wait until she had medical clearance to be released and took matters into her own hands.  Her defense attorney will insist of getting straight answers to this question if his client hopes to get her charges reduced or dismissed.

Woman Charged With Vehicular Homicide

Texting and driving do not mix. Driving requires keeping your eyes on the road and both hands on the steering wheel. You can’t watch the road and handle the steering wheel when you text. A 19-year-old woman in Browersville, Michigan recently learned this lesson the hard way and now faces a year in jail.

The Fergus Falls Journal recently reported that the suspect plead guilty to criminal vehicular homicide  and misdemeanor reckless driving for her role in a crash that killed another motorist. According to court records, the woman sent 15 text messages prior to the crash. Her vehicle crossed a center line and collided with another car driven by the victim, who died from her injuries. The suspect was also seriously injured and had to be transported to the hospital.

The guilty plea was part of a plea deal that calls for a one-year prison term, a fine and 10 years probation. It also includes a four-year stay of prison time contingent upon completion of probation, and the suspect could be sent to jail if she violates probation. At press time, the plea deal was awaiting acceptance by the presiding judge.

A criminal defense attorney will always try to get his client the shortest sentence possible regardless of the crime. Of course, there are crimes that carry lengthy jail sentences even at the minimum term. Reckless driving in this case, as well as in Colorado, is a misdemeanor with a maximum sentence of a year in jail. In this case of this suspect, however, the reduction in sentence most likely applies to her felony charges of vehicular manslaughter, which carries a longer jail sentence than reckless driving.

School Trustee Charged With Reckless Driving

Settling disputes always go much smoother when you keep a cool head and not let emotions overrule your better judgment. A school trustee in Brighton, Michigan recently learned that losing your temper can have serious consequences.

A recent story on ClickonDetroit.com reported that the suspect faced charges of felonious assault and reckless driving after deliberately ramming his vehicle into another one. According to police, the trustee is also a car sales lot owner, and his actions stemmed from a dispute over payment for a pick up truck with another car dealership in Lansing, Michigan. The suspect’s vehicle was impounded, and he was arrested and charged. He was later released on bail.

In addition to his legal woes, his future on the Brighton School Board may be in jeopardy. Michigan law prohibits convicted felons from holding a seat on school boards. The fact that the suspect deliberately rammed his car into another one with a blatant disregard for his own safety, as well as the safety of other motorists, may work against him. Had his actions been purely accidental, his criminal defense attorney would have had an easier time convincing a judge to grant a reduced sentence.

Reckless driving in Colorado is a misdemeanor. A person can be sentenced up to a year in jail for reckless driving depending on the circumstances surrounding the crime. A criminal defense attorney will review police and witness statements pertaining to your case to determine if your actions constitute reckless driving and to make sure that your arrest was done according to the law.