What is vehicular assault and how can you defend yourself?
Vehicular assault is a serious crime that can land a person in prison if it’s not defended against properly. If you’ve been accused of vehicular assault, you could be at risk of a mark on your permanent record that could make it harder to get a job. On top of that, you could be at risk of losing your license and ability to drive.
You can be found guilty of vehicular assault if you’ve caused physical harm to someone else while breaking a law. For instance, if you were intoxicated, that could be enough to result in a charge of vehicular assault. If you were driving a vehicle that was too large or carrying more than a maximum rating of gas, radioactive substances or other items, you could also be found guilty of vehicular assault if you cause an accident.
In New York, snowmobiles are also considered vehicles under these laws. That means that if you are driving one off-road and cause an accident, you could still be held accountable with a vehicular assault charge. These charges are particularly common in the case that you’re under the influence of drugs or alcohol, but they could also be used if you’ve been speeding or driving recklessly.
There are some ways you can defend yourself against these charges. For instance, if you can show that you have been taking medications and didn’t know you’d react in a manner consistent with intoxication, then that could be a defense that might protect you. If you can prove the other driver was at fault, that could also help your case. If you are able to prove you weren’t legally intoxicated or that the investigation was performed illegally, the case may also be dropped.
Source: FindLaw, “N.Y. PEN. LAW § 120.03 : NY Code – Section 120.03: Vehicular assault in the second degree,” accessed June 02, 2015