Denver Hit and Run Resulting in Death (Felony)

C.R.S. 42-4-1601(2)(c)

Leaving the scene of a crash that results in death is one of the most serious traffic-related criminal charges in Colorado. Prosecutors treat these cases with the same intensity as vehicular homicide, and the consequences can be life-changing.

✅ What Colorado Law Requires

C.R.S. 42-4-1601 + 42-4-1603 + 42-4-1606

If you are involved in an accident that results in death, Colorado law requires that you:

1. Stop at the scene (or as close as safely possible). C.R.S. 42-4-1601(1)
2. Remain at the scene until all required duties are completed.
3. Perform the duties under C.R.S. 42-4-1603(1):
   • Provide your name, address, and vehicle registration
   • Exhibit your driver’s license upon request
   • Render reasonable assistance to any injured person, including arranging medical transport if needed/requested

🟦 Special situation addressed in the statute

If no one at the scene is capable of receiving your information and no officer is present:

➤ Under C.R.S. 42-4-1603(2), you must report the crash to law enforcement and provide your identifying information.

🟥 Separate reporting duty (applies regardless)

➤ Under C.R.S. 42-4-1606, the driver must immediately report the accident to the nearest law enforcement agency.

This duty belongs to the driver.

It does not disappear just because:

• someone else already called 911, or
• police are already en route or present.

✅ You can comply with these legal duties without giving statements about fault, impairment, or causation.

✅ You have a constitutional right not to incriminate yourself.

Both can be honored — without speaking to investigators.

You can fulfill these duties without giving statements about fault, impairment, or causation.

You have:

• ✅ A legal duty to stop, remain, provide info, and report
• ✅ A constitutional right not to incriminate yourself

Both can be honored — without answering investigatory questions.

⚖️ What the State Must Prove (Beyond a Reasonable Doubt)

To convict under C.R.S. 42-4-1601(1), prosecutors must prove:

1. You were the driver of a vehicle;
2. The accident resulted in a person’s death; and
3. You did not stop, remain, and perform all required duties.

Knowledge that someone was killed is not an element — the statute focuses on the fact of injury/death and whether duties were fulfilled.

🛠️ Defense Strategies

Every case is different, but common defense themes include:

Identity issues

• Can they prove you were the driver?
• Video? Witness credibility? Cell tower data?

Causation

• Was your vehicle the cause of the fatality?

Constitutional violations

• Was the car search lawful?
• Were statements obtained without proper advisement?

Vehicle inspection / pre-charge contact

• Police often send letters requesting inspection of the vehicle.

A skilled defense attorney pushes back against assumptions — and forces the prosecution to prove every element.

✅ Penalties (Class 3 Felony)

Conviction carries:

• 4–12 years in the Department of Corrections (presumptive range)
• $3,000 – $750,000 in fines
• Mandatory parole
• Permanent felony record (not sealable)

Additional DMV consequences:

• One-year driver’s license revocation (Separate from the criminal court process.)

📞 Call for a Confidential Consultation

If you are under investigation or have already been charged:

👉 Do not speak with law enforcement before speaking with counsel.

Call Denver Hit and Run Lawyer Monte Robbins directly at:

303-355-5148

You speak with me — not a call screener.