Attorneys With Friedman & Ranzenhofer Provide Information Regarding Vehicular Assault In The First Degree
There are several different criminal charges a Rochester driver who is accused of causing an injury in a motor vehicle accident may face.
Vehicular Assault in the First Degree (NY Penal Code Article 120.04) is a very serious criminal charge that applies in cases where there are multiple injured parties or the driver is accused of either being extremely intoxicated or having repeatedly driven while intoxicated.
The basic elements of this offense are the same as Vehicular Assault in the Second Degree, which requires proof that a driver caused a motor vehicle accident while guilty 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.
The accident must have caused a serious physical injury to another person.
For the offense to be enhanced to Vehicular Assault in the First Degree, the prosecution must be able to prove at least one of the following additional factors:
(1) the driver had a blood alcohol content of 0.18% or greater (more than twice the legal limit);
(2) the driver’s license was either suspended or revoked at the time of the accident for previously having driven under the influence of alcohol or drugs or for refusal to submit to a blood alcohol test;
(3) within the past ten years, the driver had a prior conviction for violating any of New York’s anti-drinking and driving or anti-driving under the influence of drugs offenses;
(4) the driver has a prior conviction for vehicular assault or vehicular manslaughter;
(5) more than one person suffered a serious physical injury; or
(6) someone 15 years of age or less was a passenger in the defendant’s car and suffered a serious physical injury.
Accidents involving DWI lead to serious criminal charges. And the penalties for 1st degree vehicular assault are steep. If you need legal help, call us at 585-484-7432.