Increase the Accountability
We are committed to advocating for stricter state and national laws that impose harsher penalties for careless and reckless driving that causes death or serious injury to vulnerable road users. The current penalties are far too lenient, often amounting to little more than traffic tickets and fines.
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’s the difference between careless and reckless driving?
Careless driving involves negligence and a lack of attention.
Reckless driving is more serious and involves a conscious disregard for 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 jail
- 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.