Vehicular assault cases are some of the most difficult cases handled by Rochester DWI defense lawyers.
Vehicular Assault in the Second Degree, which is a felony offense, may be charged when a driver commits the offense of Driving While Intoxicated, Driving with .08% or Greater Blood Alcohol Content, Driving While Ability Impaired by Drugs or Driving While Ability Impaired by the Combination of Alcohol and Drugs and – as a result of his or her intoxication or impairment by alcohol or drugs – causes a motor vehicle accident in which someone else suffers a serious physical injury.
The law requires that for an injury to support a charge of Vehicular Assault in the Second Degree, it must be a “serious physical injury.”
Serious physical injury is defined as an injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
The injury cannot merely be a “physical injury,” which the law defines as being an impairment of physical condition or substantial pain.
While the legal definition of a serious physical injury is vague enough that many different types of injuries could fit within it, it is clear that to qualify, the injury must be so severe that it either killed the injured person, could have killed the person, or resulted in long term medical issues.
If you have been accused of drinking and driving and were involved in a motor vehicle accident, you may face very serious criminal charges.
Call us at 585-484-7432 if you need the help of an experienced DWI lawyer.
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