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Vehicular Assault defense in Pueblo County, Colorado

Court: Pueblo County Combined Court, Pueblo. Prosecuted by the 10th Judicial District Attorney's Office. 10th Judicial District. Nearest Right Law Group office: Colorado Springs.

About this charge

Causing serious bodily injury to another while driving recklessly or under the influence.

About Pueblo County courts

Court: Pueblo County Combined Court, Pueblo. Prosecuted by the 10th Judicial District Attorney's Office. 10th Judicial District. Nearest Right Law Group office: Colorado Springs.

What Right Law Group attorneys say

There are ways that the DMV can also get to your license for having certain charges like vehicular assaults and things that are compounded DUIs, basically, and they can revoke your license for longer periods of time. But the most common way we see the DMV affected or your license affected by criminal cases are by getting points by failing to make child support payments, and DUI related things like having a high BAC or being charged with DUI at all. And then the other way is by having that OJ W put in place and then having your license pulled.
Alexis Austin Litle · Will A Criminal Case Affect My Drivers License // Right Law GroupWatch clip ↗

Key legal concepts

Penalties

  • Class 4 Felony2 to 6 years
  • Class 5 FelonyUp to four years
  • License Suspension
  • Mandatory Parole
  • Mandatory Restitution
  • Military Administrative / Disciplinary Consequences
  • Permanent Criminal Record

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Frequently asked questions

Is it even worth getting a lawyer for this?

Right Law Group's guide explains: "If you're facing vehicular assault charges, it's crucial to seek legal representation immediately to protect your future."

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Will a vehicular assault charge be a felony on my record, and what penalties could I face?

Right Law Group's guide explains: "This charge is a Class 4 felony in cases involving DUI and a Class 5 felony for reckless driving without intoxication. The penalties for vehicular assault can be severe, with significant prison time, fines, and mandatory restitution to victims. A conviction can also result in the suspension of your driver's license and a permanent mark on your criminal record, making it essential to work with an experienced defense attorney who understands Colorado's legal system."

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I have zero points on my license, a favorable police report, and a trooper willing to testify, so my ticket might get dismissed anyway. Is it even worth paying for a lawyer for this?

Whether a lawyer is worth it comes down to what is actually at stake in your case, not just how favorable things look right now. The firm's guide puts it plainly: "When the stakes are high, it’s even more important to seek legal representation to avoid costly fines and the loss of driving privileges." The same guide notes that an attorney can determine which argument will achieve the best results, and that an attorney’s help may get the ticket dismissed or the violation reduced. It also points out that paying a ticket is an admission of guilt, so fighting it, while less convenient, can leave you with a dismissed ticket or reduced fine. The full breakdown is on our blog.

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I just turned myself in after being on the run for four years, and I have a court date coming up that I'm uncertain about. What's going to happen to me at court - what are they going to do to me?

If your upcoming date is an advisement, it is a fairly contained step where the court tells you what you are facing rather than deciding the case. Alexis describes it this way: "all you're going to be doing is going in and having the judge tell you what you're being charged with formally they're going to ask do you understand those charges and then you'll be free to go after that". She explains that an advisement exists because if you are charged with a crime you have to be told what the charge is and what its elements are, so you understand exactly what the state is bringing against you. The judge or magistrate will also tell you the possible penalties you are facing, and then set another court date.

Answered by Alexis Austin Litle · Watch clip
I have been going through pre-trial proceedings on my own and the judge strongly recommended I get an attorney. What does the plea deal they are offering me actually mean, and what should I do about it?

A plea deal is one of two paths your case can take, and understanding that choice is the first step in deciding what to do. Alexis explains that "a decision time will come when you'll have to decide whether you're gonna take this to trial, or whether you're gonna take a plea agreement". She describes that once your attorney has talked with the district attorney, you decide which route to take, and if you go the plea route your attorney sets a plea and sentencing date where you come before the judge to enter your plea. As she puts it, "at the plea and sentencing, you and your attorney have worked out a deal with the district attorney", which is why having an attorney work that out with the DA is central to the decision.

Answered by Alexis Austin Litle · Watch clip
I've decided I want representation and I'm ready to talk numbers. How does Right Law Group charge, and what should I expect a criminal defense attorney's rate to be?

When you are weighing whether to hire a firm, it helps to understand how legal billing actually works and where attorney rates typically land. Alexis explains: "generally speaking billable hours means that you're just going to be paying for the time spent on your case now the billable rate depends on who's working on your case what position in the firm is working on your case do you have a more experienced attorney or a less experienced attorney are they billing 200 300 400 an hour or are they billing 150 for their paralegal you have to look to it what rates they're putting on certain people." She points out that the rate should match who is doing the work, so paying 200 an hour for someone who is just answering phones does not make sense, and an attorney billing only 75 an hour does not either. In her experience, attorneys generally range somewhere between 150 to 350 an hour. The takeaway is to look at who is on your case and what rate is attached to each person.

Answered by Alexis Austin Litle · Watch clip
You told me you would need a couple of weeks to gather discovery before my court date. So getting the discovery usually stretches the whole case out longer, right?

Gathering discovery is a routine, built-in part of the case rather than an extra delay your side creates. Alexis explains: "another question we get is when do I get Discovery that depends on a couple of factors the most important thing do you have a lawyer so if you have a lawyer your lawyer as soon as they enter on the case and let the courts and the D.A know that you're represented by them they should be requesting that Discovery ... generally we see it take about two or so weeks for that process to go through to completion to make sure we're getting all the initial reports". She explains the request goes out as soon as your lawyer enters on the case. From there the rule is that the prosecution has to give over whatever they have in their possession as soon as it comes in. She puts the typical timeline at about two weeks to make sure all the initial reports are in hand.

Answered by Alexis Austin Litle · Watch clip
When the agent asked what outcome I was hoping for, I ruled out a dismissal because it didn't seem realistic for a vehicular assault case. Is there actually any chance this case could get dismissed?

A dismissal is not off the table just because the charge is serious, and it can turn on the facts the prosecution has to prove. The firm's guide explains that one defense is the lack of recklessness or DUI: "Proving that you were not driving recklessly or under the influence at the time of the accident can lead to a lesser charge or dismissal." The same guide notes that depending on the circumstances it is possible to reduce or dismiss the charges, and points to violations of your rights during the investigation as another avenue. Whether any of these apply depends on the specific facts of your case, but a dismissal is a real possibility rather than something to rule out at the start. The full breakdown is on our blog.

Source · Read guide
I avoided court and was on the run for about four years before I recently turned myself in on my vehicular assault case. Is having been on the run that long going to make things a lot worse for me?

Avoiding court for years works against you, and the firm treats missing a court date as one of the most serious mistakes a defendant can make. Alexis is direct: "FTA will usually lead to the judge issuing a warrant for your arrest. FTA could also lead to issues with your bond and simply the destruction of your credibility with the prosecutor and the judge." She explains that a failure to appear, what she calls FTA, is a critical error because your summons has a court date on it and missing it becomes a whole new issue to deal with. Beyond the warrant itself, Alexis points to the damage to your credibility with the prosecutor and the judge, which is exactly what years of avoiding court can create. In her words, missing court should never be an option.

Answered by Alexis Austin Litle · Watch clip
I have never dealt with a charge like this before and genuinely do not know what to expect when I show up to court. What is the process like, and what ordinarily happens?

Not knowing what to expect is normal, and the ordinary path through court is more predictable than it feels. Alexis explains: "So, if you hire an attorney, what we do is we go in we file our entry of appearance letting the court know we're representing you on this matter ... What normally happens is you have a couple of what are called pre-trial conferences. So at a pre-trial conference, that's an opportunity for your attorney to sit and talk with the district attorney about the facts of the case, the mitigation that they see, what an appropriate plea bargain might be, or if we wanna take this case to trial, what the issues in the case are." She notes that at the first appearance center there are no judges, so when your attorney enters on the case it moves the process along a little faster instead of leaving you waiting around. From there the case ordinarily runs through those pre-trial conferences where your attorney and the district attorney work through the facts and mitigation. That is also where the path forward, whether a plea bargain or trial, gets shaped.

Answered by Alexis Austin Litle · Watch clip
What is the penalty for vehicular assault in Colorado?

Vehicular assault under C.R.S. 18-3-205 comes in two forms. The DUI-based version is a class 4 felony: a presumptive two to six years in the Department of Corrections, three years of mandatory parole, and a fine of $2,000 to $500,000. The reckless-driving version is a class 5 felony, carrying one to three years, two years of parole, and a fine of $1,000 to $100,000. The DUI form is a strict-liability offense. Older summaries that cap the fine at a few thousand dollars understate the exposure; the class 4 fine range reaches $500,000.

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How are Vehicular Assault cases handled in the Combined Court?

Vehicular Assault cases in Pueblo County are handled by the Pueblo County Combined Court, which sits in the 10th Judicial District. As a combined court, it hears both county-court and district-court matters.

Source · Court and DA info
Who prosecutes Vehicular Assault charges?

Vehicular Assault charges in Pueblo County are prosecuted by the 10th Judicial District Attorney's Office, the elected District Attorney for the 10th Judicial District.

Source · Court and DA info
What judicial district covers Vehicular Assault cases?

Pueblo County falls within the 10th Judicial District, and Vehicular Assault cases there are heard in the Pueblo County Combined Court.

Source · Court and DA info

Each answer links directly to the source where a Right Law Group attorney addressed this question.

14 answers grounded in Right Law Group sources

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