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.