Vehicular Homicide Defense

Vehicular Homicide in Colorado

Vehicular homicide, as defined by Colorado law, occurs when the operation of a motor vehicle leads to another person’s death. This charge can arise under two primary circumstances: reckless driving or driving under the influence (DUI/DWAI). Both variations carry serious legal consequences, but a defense strategy tailored by an experienced attorney like Jeremy Loew can make a crucial difference.

🔹 Statutory Basis (C.R.S. Title 18 § 18‑3‑106)

Colorado Revised Statutes § 18‑3‑106 establishes that vehicular homicide is committed when:

• A person operates or drives a vehicle recklessly, resulting in another person’s death, or
• A person drives under the influence of alcohol or drugs, even minimally, and that conduct proximately causes death

The law clarifies two DUI-related categories:

• Driving under the influence (DUI): Impairment to a degree that significantly affects judgment or physical control.

• Driving while ability impaired (DWAI): Minor impairment, but still affecting judgment or physical control

🔹 Degrees and Penalties

Colorado law treats DUI-related fatalities more severely than reckless-driving cases:

Consequences frequently include lengthy license suspension, mandatory parole, and eligibility for restitution to victims’ families.

🔹 Legal Complexity and Defense Strategy

Vehicular homicide charges are complex. A successful defense by Jeremy Loew often involves:

• Challenging Proximate Cause – Demonstrating that the defendant’s driving was not the proximate cause of the collision.
• Disputing Recklessness or Impairment – Presenting evidence, such as expert testimony or breathalyzer calibration reports, that undermines claims of reckless conduct or intoxication.
• Exploring Alternative Theories – Including sudden mechanical failure, medical emergencies, poor forensic science, or issues with drug/alcohol testing.
• Negotiating Lesser Charges – Seeking reduction to manslaughter or negligent homicide, which carry lesser prison and parole terms.

🔹 Why Representation from Jeremy Loew Matters

• Depth of Experience
  Colorado Springs Criminal Attorney Jeremy Loew is a seasoned trial lawyer, licensed since 2008, and recognized among Colorado Springs’ top criminal defense attorneys by Super Lawyers (2020–2025). His practice centers on DUI, domestic violence defense, serious felonies, and traffic offenses—providing comprehensive insight into vehicular homicide defenses.

• Aggressive Courtroom Advocacy
  Known for litigation strength, Jeremy Loew is prepared to go to trial—a necessary posture when lives and liberty are at stake .

• Local Legal Acumen
  Based in Colorado Springs, Loew’s deep familiarity with El Paso County Court, local prosecutors, and judges provides strategic advantages in both negotiations and trial advocacy.

• Client-Focused Approach
  Multiple client testimonials highlight Loew’s dedication and communication. One review calls him “talented and honest…went the extra mile”

🔹 Recent Nevada/Boulder Example: Reckless Vehicular Homicide

A recent case in Boulder County illustrates the potential severity of these charges. In April 2025, a jury convicted Yeva Smilianska of reckless vehicular homicide after the 2023 death of 17-year-old cyclist Magnus White, cyclingnews.com. The sentencing range for reckless vehicular homicide in Colorado is typically 2–6 years, but the jury found reckless conduct due to falling asleep at the wheel; sentencing was set for June 13, 2025 .

This case underscores how courts may treat fatalities involving vulnerable road users—especially cyclists—as particularly egregious.

🔹 Initial Steps If You’re Facing Vehicular Homicide Charges

If you or a loved one is accused of vehicular homicide in Colorado, time is critical:

• Retain legal counsel immediately—even before speaking to law enforcement.
• Preserve critical evidence: vehicle data recorders, medical records, calibration logs.
• Reconstruct the incident with experts in accident reconstruction, toxicology, or forensic science.
• Prepare early for bond hearings, potential negations, and trial strategies.

🔹 Contact Jeremy Loew for Defense

Vehicular homicide allegations may result in severe prison terms, substantial financial penalties, and lasting consequences—both personal and legal. With Jeremy Loew’s strategic defense, comprehensive investigation, and courtroom experience, you gain knowledgeable representation against formidable state claims.

Free, confidential consultation. No-risk case review.