A few days ago, the Denver Channel reported that a 27-year-old Colorado man was sentenced to four years in prison after his conviction earlier this year on charges of vehicular homicide and DUI. He was arrested in March of last year after a crash near Fort Collins that killed his 25-year-old fiancée.
Law enforcement officials said at the time of his arrest that his BAC (blood alcohol content) was 0.219 percent. The legal threshold in the state is 0.08 percent.
The Red Feather Lakes man reportedly lost control of his pick-up truck while negotiating a curve.
Some readers might recall that last year a Littleton lawmaker last year pointed out that eight people convicted of vehicular homicide and DUI between July 1 of 2012 and July 1 of 2013 did not serve time in prison. The defendants were sentenced instead to probation of varying lengths.
Rep. Polly Lawrence proposed a bill to require prison time for all of those convicted of the pair of charges. Her proposal did not make it through the legislature, however.
Instead, lawmakers decided it was better to continue to allow judges to have discretion in matters. That means quite simply that a judge can hear all the facts of the case and decide whether a person deserves prison or not. Not everyone is guilty to the same degree; there are sometimes mitigating factors to consider.
A Denver attorney experienced in DUI and vehicular homicide defense can help make those factors clear to a judge and jury so that the punishment does not exceed the crime.