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If you hit another driver or a pedestrian with a vehicle, it can be called an ordinary accident. On the other hand, it can be classified as a type of assault named as vehicular assault. In other words, the truck or car was used as a dangerous instrument to commit that crime. If you cause injury to another person using your vehicle, you would have committed vehicular assault while driving unlawfully. For you to face prosecution under the New York penal code 120:03, you must use a vehicle to cause physical injury to another person. You can commit this crime while:
• Within the past one decade, you were convicted of driving or while intoxicated in any other state including New York, or,
• Your BAC was at least 18, or
• You had your driving privileges suspended in another state because you refused to take a test to determine if you were driving while intoxicated, or
• You had your driving privileges suspended in any state including New York because you were convicted of driving while intoxicated, or
• You led to the cause of serious physical injury to one or more people, or
• You had a previous conviction for vehicular manslaughter, or
• A 15-year-old child was in the car with you and got seriously injured
A lady stays in the bar drinking till the late night before he decides to take a drive home. Because her friends believe she is intoxicated, they offer to drive her home. They also remind her of her previous conviction concerning driving while intoxicated before they take her home. In the end, the woman drives off homewards neglecting her friend’s advice. In the end, she drives off a one-way street and knocks down another vehicle. Both the passengers and driver in the other car are injured seriously. If the lady’s BAC shows that she is legally intoxicated, she will face first-degree vehicular assault because of her previous convictions within the past one decade if her BAC is 18 and above.
1. Aggravated vehicular assault: New York Penal Code 120:04-A
2. Second-degree vehicular assault: New York Penal Code 120:03
3. Driving while intoxicated: New York Traffic and Vehicle Law 1192:3
4. Driving under the influence of drugs: New York Traffic and Vehicle Law 1192:4
When a chemical test is performed to provide evidence that you were driving under the influence of drugs, you have to perform the test so that the results are unassailable. The chemical test can be challenged in accuracy. For this reason, the prosecutor must be sharp enough to defeat the attorney. One of the best possible defenses is to point out that there is no serious injury among the victims. For the court to determine whether or not the victims suffered great injuries, they will look at the medical papers with attention.
Because first-degree vehicular assault is under the felony class D, a seven-year prison sentence is a maximum penalty. A $5,000 fine will also accompany it. For those who suffered the loss of property or injured in the accident, you will pay restitution. Furthermore, you will have your driving license revoked or suspended.
NYC Criminal Attorneys Law Firm
It is a serious offense to be arrested for a first-degree vehicular assault. Many aspects of your life will suffer changes if you are convicted. However, there are defenses to the first-degree vehicular assault that can only be understood by the experienced attorney. It is also important to contact someone who knows the criminal system in New York if you are arrested for that crime. The staff at NYC Criminal Attorneys Law Firm will offer you the most sophisticated representation. Call us for a free consultation session.
New York Penal Code 120.03: Vehicular assault in the second degree
Vehicular Assault in the Second Degree is a dangerous Class D Felony. The act of committing this crime and being found guilty of it is enough to warrant an astounding 7 years in prison in addition to a fine not to exceed $5,000 per count. In addition, restitution is sometimes added to the fine and prison sentence for those who are found guilty of this criminal offense. If you’re unsure how to define vehicular assault in the second degree, it’s the act of injuring a person with your vehicle while engaging in the act of driving unlawfully. It’s not a crime with intent, but it’s seriously punishable by the State of New York.
Vehicular Assault in the Second Degree is not intentional. A defendant doesn’t get behind the wheel of their vehicle with the intent on harming another person in their vehicle or as they walk or ride a bike down the side of the road. When it happens, it’s an accident. When an investigation proves the driver of the at-fault vehicle was not following the laws and requirements of the road during their time behind the wheel, however, it becomes more than an accident due to negligence and a lack of proper care. It’s when the accident becomes an act of vehicular assault as a result of negligent or carelessness or recklessness.
Examples of Vehicular Assault in the Second Degree
There are numerous examples of this crime, all horrible accidents. One of the most common examples of vehicular assault in the second degree is when any driver who is under the influence of drugs or alcohol makes the decision to get behind the wheel of his or her car and drive. If that driver hits anyone on their bike, walking, or driving in their own vehicle and injures them, it’s recklessness and negligence that might be charged as vehicular assault.
Drivers who are not paying attention to the road rules are going to be charged with this crime if it can be proven they are guilty of not abiding by the laws in New York State. To be charged with this crime, a driver must be under the influence and must also be guilty of at least one of the following:
– Previously convicted of driving under the influence in the past decade
– Driving with suspended licenses
– Physical injury that’s serious is caused to another person
– A child under 15 was seriously injured while in the car with you
– Your BAC is at least .18 at the time of the accident
There are only two defenses in a case of vehicular assault in the second degree. The first is that the person injured in the accident is not nearly as injured as they say they are. When their injuries are less serious, it’s possible a defendant might be able to avoid charges in this vain. This requires access to the injured party’s medical records and much more. The secondary defense your NYC criminal attorney might choose to use is the validity of your blood alcohol test. It must be foolproof, and the attorney might make a decision to challenge the validity of the results. If there is any question the results are not 100 percent accurate, your attorney might make the decision to challenge.
If it can be proven your BAC level was not accurate or above the legal limit, charges brought against you for vehicular assault in the second degree could be dropped in a court of law. If not dropped, there is always a chance they might be reduced due to the evidence presented in the case.
Trying to navigate the complicated language of legalese can often be a hassle, but it doesn’t have to be. In this post, we’re going to pick apart New York’s penal law in regards to vehicular assault. First off, let’s look at vehicular assault in the second degree.
Vehicular assault in the second degree
Now in order to be guilty of this crime, you have to have caused serious physical injury to someone else and either operate a vehicle in violation of certain subdivisions of the law, or as the result of intoxication because of a drug, or even the combined influence of drugs and alcohol operate this vehicle in a way that causes said serious physical injury to someone else. Another way this charge is applicable is if you operate a vehicle that has a gross vehicle weight rating of more than eighteen thousand pounds, and one that also contains flammable gas, radioactive materials, or even explosives. Also, the aforementioned substances would have to be the cause the serious physical injury, and again, you’d have to be impaired by alcohol when operating the vehicle in a way that causes injury to someone else. Vehicular assault in the second degree is considered a class E felony.
Vehicular assault in the first degree
To be guilty of the same crime, but in the first degree, you’d have to commit vehicular assault in the second degree and either commit this crime while you’re operating a vehicle with a blood alcohol reading of .18, or you’d have to commit the crime while knowing that your livense or privilege of operating a vehicle in another state is either suspended or revoked and this suspension or revocation is based on a conviction in this other state for a crime that would actually be considered to be a violation of certain provisions in the law. Or, lastly, you’d have to have your license or privilege of operating a vehicle in your own state suspended or revoked because you either refused to submit to a chemical test, or else following a conviction for a violation of any of the other provisions in the law. Vehicular assault in the first degree is a class D felony.
Aggravated vehicular assault.
And lastly we have aggravated vehicular assault. Now to be guilty of this crime, you have to engage in reckless driving and commit the actual crime of vehicular assault in the second degree, and either commit this crime while you’re operating a vehicle with a blood alcohol level of .18 or commit this crime while knowing that your license or privilege of operating a vehicle in another state is suspended or revoked, and this suspension or revocation is in fact based on a conviction this other state for a crime that would be considered a violation of certain provisions under the law in that state. Lastly, you’d be considered to have committed this crime if your license or privilege of operating a vehicle in your own state is suspended or revoked, and this suspension or revocation is based either on a refusal to submit to a chemical test, or else following a conviction for a violation of certain provisions under the law. You’d also be guilty of this crime if you caused serious physical injury to more than one other person, or have previously been convicted of actually violating certain provisions in the law that involves operating a vehicle, or if you’ve been convicted in some other state or jurisdiction for a crime that involved the operation of a vehicle that would be considered a violation of certain articles of the law if it was committed in the state of New York. Lastly, you’d be guilty of this crime if you committed it while operating a vehicle while there’s a child of fifteen or younger riding as a passenger in the vehicle, and this caused some serious physical injury to the child. Aggravated vehicular assault is actually considered a class C felony.
New York Penal Code 120.04-a: Aggravated Vehicular Assault
If you are intoxicated, under the New York Penal Code, you will face a vehicular assault charge if you decide to operate a vehicle and injure another person. According to the New York Penal Code, there are three different types of vehicular crimes defined. Aggravated vehicular assault is the most grievous of all three. Under the New York penal code 120:04, you are likely to face an aggravated vehicular assault if you recklessly drive while you are under the influence of drugs or alcohol and cause a serious injury to a person, and:
• A 15-year-old child and less was in the vehicle with you and got seriously injured, or
• Your BAC was recoded to be more than .18, or
• You have faced a vehicular manslaughter conviction, or
• Within the past one decade, you faced a conviction for driving under the influence of a drug or alcohol in New York or any other state, or
• You caused a serious physical injury to one or more people, or
• You have your driving privileges suspended in any other state in the United States because of driving under the influence of alcohol or any drug, or
• You had your driving privileges suspended in any other state including New York because you refused to take a medical examination test to determine the level of your drug in the body.
This crime is a class C felony. This is a charge that is similar to the first-degree vehicular assault. For you to face an aggravated vehicular assault charge, the prosecutor must show that you were driving the vehicle recklessly. Under the New York Penal Code 1212, reckless driving is defined by driving a vehicle in a manner that interferes unreasonably with the proper use a highway. It can also be defined as causing unreasonable danger to other road users in a public highway.
A man stops at a local bar to get relaxed after a long walk. He is also seen with a couple of alcohol beers. While he feels a little lightheaded, he makes a decision to drive himself home. He approaches a road sign and looks at both sides. Instead of stopping, he speeds off after slowing down. A woman steps in his way and gets hit by him. She got injured and rushed to the hospital. When the man is examined, she has an alcohol content of above .18 BAC. For this reason, he is likely to face a prosecution for the aggravated vehicular assault charge.
1. Driving under the influence of drugs and alcohol: New York Vehicle and Traffic Law 1192:2
2. Driving while intoxicated: New York Vehicle and Traffic Law 1192:2
3. Second-degree vehicular assault: New York Vehicle and Traffic Law 120:3
4. First-degree vehicular assault: New York Vehicle and Traffic Law 12:04
When a chemical test is performed by a law enforcement agent to prove that you are driving under the influence of drugs and alcohol, the test must be conducted to make the results inassimilable. You can use the accuracy of that result to challenge the chemical test. You can also defend yourself about how the test was administered.
Because this action belongs to the Class C felony, you are likely to face a 15-year jail sentence in a correctional facility located in your country of residence.
The nyc criminal attorneys Law Firm
Injuring someone through reckless driving facilitated by the influence of alcohol or drugs is a serious offense. It attracts a jail term. However, you can challenge this charge through accessing the services of an experienced legal practitioner. The staff at NYC Criminal Attorneys Law Firm has the most experienced legal representatives in New York. Contact us to schedule a free consultation session with an advocate.
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