Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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If you are driving in Denver, Colorado and have a collision with another vehicle, bicyclist, pedestrian, or property (such as a mailbox or gate), you have the following five duties:
Failure to do any of the above may result in you facing Denver hit and run charges.
Fleeing the scene of a car accident is a traffic misdemeanor or a felony depending on the circumstances of the case:
Denver hit and run crime | Denver hit and run penalties |
Hitting an unoccupied motor vehicle (CRS 42-4-1604) | Class 2 misdemeanor traffic offense
|
Causing just property damage (CRS 42-4-1602) | Class 2 misdemeanor traffic offense
|
Causing a non-serious bodily injury (CRS 42-4-1601) | Class 1 traffic misdemeanor
|
Causing a serious bodily injury (CRS 42-4-1601) | Class 4 felony
|
Causing a fatality (CRS 42-4-1601) | Class 3 felony
|
Note that fleeing may cause you to pick up other charges as well, such as speeding, running a red light or running a stop sign.
Getting arrested for hit and run is only the beginning of a case. It may be possible to persuade the D.A. to lessen or even dismiss the charges without having to go to trial.
Five potential defenses to Denver hit and run criminal charges are:
As with any criminal case, the D.A. has the burden to prove guilt beyond a reasonable doubt. If the prosecution fails to meet this burden, then your Denver hit and run case should be dropped.3
If you flee the scene of a car crash, chances are high that you will be found. Police officers usually have an abundance of evidence leading to you, such as:
In most Denver hit and run cases, prosecutors have one year after the incident to file charges against you. Though if someone sustained serious but non-fatal injuries, the D.A. has three years to bring charges.
If the accident resulted in a fatality, prosecutors have five years after the case to charge you. Though if the D.A. believes you also committed vehicular homicide (by driving recklessly or while under the influence), then prosecutors have a ten-year statute of limitations to file charges against you.4
In Colorado, convictions for traffic misdemeanors cannot be sealed. Therefore, you cannot seal convictions for:
Colorado law also prohibits class 3 felony convictions from being sealed. This means fatal DUI convictions are always unsealable.
The only Denver hit and run conviction that is potentially sealable is if the incident resulted in a serious but not fatal injury. Though you would need to wait three years after the case ends before petitioning for a seal.
Note that any Denver hit and run case can be sealed if the charge gets dismissed.5
See our related articles, Denver Hit and Run – 4 things to know and Denver Hit and Run – What are the penalties?
Accused of being a hit-and-run driver in Colorado? Our Denver hit-and-run accident attorneys represent motorists throughout the state, including Aurora, Westminster, and Boulder.
Injured in a hit-and-run crash? We also practice personal injury law. We deal with the at-fault driver’s insurance company to win you the largest financial settlement possible.
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.