Denver Vehicular Eluding Resulting in Death

When a police chase leads to tragedy, the driver may face life-changing felony charges.

If you’re accused under Colorado’s vehicular eluding statute, you need an experienced Denver vehicular death lawyer who understands both the law and the science behind police pursuits.

These cases often move fast — and the penalties can be severe.

The Law

Under C.R.S. 18-9-116.5(2)(a), a person commits vehicular eluding when they:

1. Operate a vehicle,
2. Knowingly elude or attempt to elude a peace officer also operating a vehicle,
3. Know or reasonably should know they’re being pursued, and
4. Drive recklessly while fleeing.

If another person dies as a result of the pursuit, the offense becomes a Class 3 felony, punishable by:

• 4–12 years in prison (up to 24 in aggravated cases)
• $3,000–$750,000 in fines
• One-year driver’s license revocation under C.R.S. 42-2-125(1)(c)

Case Example – People v. Avila (1997)

In People v. Avila, 944 P.2d 673 (Colo. App. 1997), the Colorado Court of Appeals ruled that “resulting in death” serves as a sentence enhancer rather than a separate offense.

A defendant may be convicted of both vehicular eluding resulting in death and vehicular homicide because each punishes a distinct harm.

A knowledgeable Denver vehicular death lawyer will recognize how this ruling can influence sentencing and defense strategy.

Defense Strategies

Defending felony vehicular eluding requires meticulous review of every fact:

• Identity – Whether you were the actual driver.
• Knowledge – Whether pursuit was reasonably recognized.
• Recklessness – Whether driving truly met the legal definition.
• Causation – Whether the alleged eluding directly contributed to the death.
• Evidence reliability – Reviewing dash-cam, witness, and accident data.

Why Experience Matters

Vehicular-eluding-death cases are among Colorado’s most serious felony traffic charges.

With more than 20 years defending drivers in Denver, I examine every element of the case to protect your freedom, license, and record.

Call 303-355-5148 to speak directly with Monte Robbins, a Denver vehicular eluding resulting in death lawyer today.