The Problem
There is a stark disparity between reckless felony and careless misdemeanor charges. Drivers who kill a vulnerable road user are more likely to receive a misdemeanor traffic ticket, a small fine, and community service. This is unacceptable and highlights the inadequacy of current laws.
Driving Is a Privilege, Not a Right
Driving is a privilege, not a right. It is imperative that drivers be held accountable for their actions. The tragic death of Magnus underscores the urgent need for accountability. Our legal system falls short, focusing only on traffic violations, and often gives drivers the benefit of the doubt, suggesting it was the victim’s fault for being in that situation.
Current Laws Are Inadequate
The initial charge for the driver who killed Magnus was merely a lane violation, a charge unrelated to his death. This underscores the inadequacy of current laws and the need for significant reform.
The Need for Accountability and Change
Drivers' behavior is the problem, and they are not being held accountable. We are failing to hold them accountable, and this must change. Increasing penalties is not about incarceration but about deterrence. Severe consequences send a clear message and encourage safer driving behavior.
Our Call to Action
We must push for stricter laws and harsher penalties to ensure that drivers who recklessly endanger vulnerable road users face serious consequences. Only then can we create safer roads for everyone and prevent tragedies like Magnus's death from happening again.
What the Law Says
What’s the difference between careless and reckless driving?
Careless Driving happens when someone is not paying enough attention. Their negligence and lack of attention caused a crash that led to someone’s death.
Reckless Driving is when someone knows they are driving in a very dangerous way, like speeding way over the limit, racing, or running red lights, and they do it anyway. Their behavior shows they don’t care about the safety of others, and this results in someone's death.
The key difference is intent and awareness: careless driving is more about being inattentive and negligent, while reckless driving shows a choice to ignore the risks.
Careless driving that results in death is a class 1 misdemeanor traffic offense.
The penalties can include:
- 10 days to 1 year in county jai
- A fine up to $1000
- A 12-point offense on your driving record, which may result in a one-year suspension of your driving privileges
Reckless driving resulting in death in Colorado is a class 4 felony of vehicular homicide.
Sentencing guidelines include:
- 2-6 years of non-mandatory prison time, and $2,000-500,000 fine.
- If the driver was DUI, it’s elevated to class 3 felony, 4-12 years non-mandatory prison time, plus a fine up to $750,000
Other class 4 felonies in CO with the same sentencing guidelines as vehicular homicide:
- Theft of Property
- Second-Degree Criminal Trespass
- Forgery
- Fraud by Check
- Indecent Exposure
- Violation of Bail Bond Conditions
- Tampering with Utility Meters to lower your utility bill
What is non-mandatory prison time in sentencing guidelines?
It’s simple. It’s not mandatory. A driver who kills someone can receive only probation as a sentence and not spend a single night in jail. A misdemeanor DUI, getting pulled over for driving under the influence, carries MORE mandatory jail time than felony vehicular homicide and felony vehicular homicide with DUI in the state of Colorado.