July 17, 2018By Brian Manchester
Aggravated Assault By Vehicle While DUI: What is it?
If an accident occurred that caused injury to another driver, passenger, or pedestrian, while you may have been driving under the influence, expect to be charged with Aggravated Assault by Vehicle While DUI. This is a serious crime, and if convicted you face up to ten years in prison and fines up to $25,000.
Aggravated Assault by Vehicle While DUI is a second-degree felony, and is defined under PA law as negligently causing injury to another as a result of a DUI violation. Even if the injuries sustained by someone else are not life-threatening, or someone else actually caused the accident, you still may be charged with this crime and should seek a criminal defense attorney immediately. Remember, the police will arrive on scene moments after the accident takes place, and anything you say to them from that point on can be used against you. Thus, you should be
polite, but you should not talk to the police at any point after the accident without a defense attorney present.
What The Prosecution Must Prove
- You drove in a negligent fashion or were, in fact, driving with a blood alcohol level over the legal limit of .08% and
- That you actually caused the other party’s injuries, and
- The other party suffered life-threatening or severe injuries that will lead to prolonged impairment of some part of their body or body parts.
What You Should Know
It is important to know your options if charged with this crime, and you should not assume you will be convicted. Instead, Manchester & Associates has experienced criminal defense attorneys that will discuss several defenses with you.
What We Know
Specifically, Brian Manchester has extensive training in DUI defense and is even a member of the National College for DUI Defense, the American Chemical Society, and the Society of Forensic Toxicologists. Brian Manchester also regularly attends seminars that specifically focus on DUI defenses, and he was also the Educational Chairman for the Pennsylvania Association of Drunk Driving Defense Attorneys.
Defenses include establishing the victim was at least partly responsible for the accident, some other event (like rainy conditions) played a role in why the accident happened, the victim’s injuries aren’t severe enough under the law for you to be charged with this crime, the evidence against you is weak, and much more.
If the jury has a reasonable doubt about any one of the above three elements, you will be found innocent. Therefore, you need legal representation to ensure you do not forego these defenses. For a free consultation, we can be contacted at 1-800-243-4878.