Criminal Defense Attorneys Friedman & Ranzenhofer Provide Details On Vehicular Assault In The Second Degree
New York State has several criminal charges that a Rochester driver may face if accused of drinking and driving and being involved in a motor vehicle accident.
Vehicular Assault in the Second Degree (NY Penal Code Article 120.03) is a charge that may be brought when an alleged drunk driver is accused of causing an injury in an accident.
Vehicular Assault in the Second Degree may be charged where the driver is accused of Driving While Intoxicated, Driving While Intoxicated per se (usually called Driving with a Blood Alcohol Content of .08% or Greater), Driving While Ability Impaired by Drugs, or Driving While Ability Impaired by the Combined Influence of Alcohol and Drugs and causes a serious physical injury to another person in a motor vehicle accident.
It does not matter if the injured person was in another vehicle, a pedestrian, or a passenger in the defendant’s own vehicle.
A “serious physical injury” is defined as physical injury which causes death or creates a substantial risk of death, causes serious and long term disfigurement, causes long term impairment of health, or causes long term loss or impairment of the function of any bodily organ.
In addition to accidents involving motor vehicles, Vehicular Assault also may be charged where a person operating a boat, snowmobile or ATV violated the laws barring operation of such vehicles while intoxicated and caused a serious physical injury.
The intoxication or impairment of the driver must have been a factor in causing the accident for the charge to be supported.
If it is established that the driver was intoxicated or impaired, however, the burden is on the driver to prove that it was not a factor in the accident.
If you have been accused of causing an accident because you were intoxicated, you need the help of an experienced DWI attorney that also knows how to counter the potential penalties you face for 2nd degree vehicular assault. We can help you at 585-484-7432.