Aggravated Assault By Vehicle While DUI

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.

Posted in: Aggravated Assault By Vehicle

Tags: Aggravated Assault, Aggravated Assault By Vehicle, Assault, DUI,

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About the Author

Brian Manchester is the owner of Manchester and Associates in Bellefonte, Pennsylvania. His law firm practices DUI and Criminal Defense exclusively throughout the entire state of Pennsylvania in both state and federal court. He has a team of two other lawyers with a combined 50 years of trial and courtroom experience are also trained in science and many other skills that are relevant to criminal defense to include the psychology of persuasion as well. One of his associates is a former District Attorney (chief prosecutor) in central Pennsylvania.   Mr. Manchester and his team routinely handle serious felony cases including murder, manslaughter, sex crimes, complex financial crimes, and serious assaults. A large part of Mr. Manchester’s practice is the defense of alcohol and drug-based DUI offenses as well as drug cases using science and analytical chemistry. Mr. Manchester has training as a Standardized Field Sobriety Testing Instructor. He is one of a handful of Certified Lawyer-Scientists as recognized by the American Chemical Society in the United States. He is a member of NCDD and is a Founding Member of DUIDLA. He is also a member of the American Chemical Society with over 170,000 members across the world. To date, he is the only practicing criminal defense lawyer to belong to the Society of Forensic Toxicologist where he is an Associate Member. Mr. Manchester speaks nationally on the topic of blood and drug testing for alcohol as well as the metrological (measurement uncertainty) in forensic testing.

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Client Testimonials

  • “Mr. Manchester is the lawyer I would hire if accused of DWI. He is concerned for his clients and aggressively defends their cases. He has completed the most rigorous training to be one of the best DWI lawyers in the State. His determination and knowledge will serve you well when he is your attorney.”
  • “I endorse this lawyer. Mr. Manchester is well versed with the evidential pitfalls of hospital blood testing. With this knowledge, he has been able to effectively represent those accused of alcohol related offenses. Recently, Mr. Manchester has provided me with assistance on a complex blood analysis case.”
  • “I am both surprised and proud to be one of the first lawyers to highly recommend Brian as a criminal defense and DUI lawyer. Brian’s knowledge of criminal defense, and especially in the area of DUI, is unmatched. Not only does Brian possess a great working knowledge of the law, he has also dedicated himself to the underlying science necessary to successfully defend DUI and criminal cases involving blood test results. Brian is committed to excellence and receives my recommendation without reservation to those looking for a knowledgeable and committed criminal defense or DUI attorney.”
  • “Attorney Manchester is well-known for his strong work ethic. He is the type of attorney that you would like to have involved in your case. Known as a person who stands up for principle, Attorney Manchester has the guts that is needed (but sadly is missing in a lot of criminal defense attorneys) to defend the citizen accused. He is certainly not afraid to defend people who have been accused by the government of being in violation of the law. His favorite two words seems to be “Prove it!””
  • “Brian Manchester is a knowledgeable, dedicated attorney, with the skill and ability to successfully defend citizens who are accused of driving under the influence. I highly recommend Brian.”

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