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. These drivers are making dangerous, reckless choices that result in taking the life of another. This is unacceptable. Laws and accountability need to reflect the magnitude of the crime. 

Driving is a privilege, not a right. It is imperative that drivers be held accountable for their dangerous choices behind the wheel. The tragic death of Magnus and countless others 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.

In Colorado, a driver who is at fault and hits and kills a vulnerable road user can be charged with a class one misdemeanor, the same level of offense as other non-violent traffic offenses, such as not securing insurance. The death of a vulnerable road user in a crash is the only crime involving the loss of life that is a misdemeanor in the Colorado statute. 

A core component of the bill changes the charge of Careless Driving Resulting in Death from a class one traffic misdemeanor to a class 6 felony. In addition to enhancing safety by promoting a culture of accountability on Colorado’s roads, this bill represents a step towards justice for family and friends who have lost a loved one in a traffic violence. Today, the class one misdemeanor charge of Careless Driving Resulting in Death, which includes a maximum fine of $1,000, fails to deliver justice. 

SB25-281 would also require chemical testing when an officer has probable cause to believe that a person was driving carelessly and that those actions are the proximate cause of the death of another person.