In Colorado, every state law treats the death of a person due to another’s actions as a felony—except one: hitting a person with a vehicle. This inconsistency is a red flag and requires a closer look. To be clear, district attorneys have the option to charge drivers with a felony, but unless the circumstances are egregious, such as the driver was drunk or had intent to harm, most opt for a lesser charge: Careless Driving Resulting in Death, a class one misdemeanor.
In far too many cases, judges sentence people guilty of this crime to probation and a $1,000 fine—the former being below the minimum sentencing guideline of ten days in jail, and the latter being the maximum fine allowed. When a driver kills someone with their vehicle and is charged with a misdemeanor traffic violation, it is hard to accept that this is what accountability looks like. I know most families who have lost loved ones will unequivocally say that drivers receive a slap on the wrist.
I have been practicing law for over thirty-five years, the majority of which has included representing bicyclists who have been hit by drivers who disregarded the safety of others. The Colorado legislature is considering a bill that will increase penalties for drivers who hit and kill vulnerable road users, such as bicyclists and pedestrians, from a class one misdemeanor to a class six felony. This is not an easy topic, and I struggle with aspects of the proposed legislation. But let me explain why this law is necessary.
I’ve been following the Magnus White case closely, and I’m interested to see what the driver receives for a sentence. She’s facing between 2 & 6 years in prison, and even the high end seems low for taking away 50+ (potential) years of someone else’s life.