Articles Posted in Aggravated Assault By Vehicle

July 17, 2018

Aggravated Assault By Vehicle While DUI

By 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.

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July 17, 2018

Aggravated Assault by Vehicle

By Brian Manchester

Aggravated Assault By Vehicle Is a Serious Crime in Pennsylvania.

When most people hear the word “assault,” they think of physically fighting or verbally threatening another person. However, if you were involved in a traffic accident whereby someone else was seriously injured, you may be charged with Aggravated Assault by Vehicle. Specifically, the charge of Aggravated Assault by Vehicle is appropriate when someone drove recklessly or with gross negligence and caused a substantial injury to someone else. A common example is road rage that causes serious injuries to another driver or a pedestrian.

Aggravated Assault by Vehicle Is A Third-Degree Felony

Iif convicted you may serve up to seven years in prison, as well as pay fines up to $15,000. Additional prison time will be added if you were texting while driving, or the accident took place in a construction zone, or you were violating a traffic law relating to emergency vehicles such as ambulances or firetrucks.

If charged with Aggravated Assault by Vehicle, the prosecutor must prove three elements in order for you to be found guilty:

First, that you violated a traffic law (e.g. speeding).

Second, that you were driving in a manner that was reckless or grossly negligent that was also in violation of Pennsylvania’s Motor Vehicle Code. A driver will be considered to have been driving recklessly or grossly negligent when it is established that the driver knew they were creating a substantial and unjustifiable risk of serious injury or death, yet unreasonably disregarded such risk and continued in their course of action.

Finally, the third element is that the recklessness of your driving was the actual cause of the other driver’s serious bodily injury. If the injuries sustained by the other motorist or pedestrian did not create a substantial risk of death, or did not cause permanent disfigurement or impairment of a body part or organ, you cannot be convicted of Aggravated Assault by Vehicle.

You should not assume that you will be convicted. Brian Manchester has tried several of these cases and will discuss with you the various defenses that can be raised against the elements mentioned above in order to create a reasonable doubt to a jury about your guilt. Even in the event of a conviction, Brian Manchester can negotiate for a reduced sentence at the sentencing hearing.

Aggravated Assault by Vehicle is a serious charge that will affect you for the rest of your life if you are convicted. Thus, it is crucial to call Brian Manchester who will aggressively defend you and your freedom throughout every step of the litigation process. For a free consultation we can be contacted at 1-800-243-4878.

Posted in: Aggravated Assault By Vehicle ,

July 17, 2018

Vehicular Homicide (also known as Homicide by Vehicle)

By Brian Manchester

If you were involved in a traffic accident that resulted in the death of another driver or pedestrian, you may be charged with Vehicular Homicide.

We understand this may be an extremely difficult and emotional time for you, and the legal implications simply exacerbate the situation. Brian Manchester can help you through this process by explaining your rights and options, and aggressively defending you throughout the entirety of your case.

Vehicular Homicide is the unintentional killing of another person by breaking a traffic law while engaging in reckless or grossly negligent driving.

The charge is a third-degree felony and the penalty is up to seven years in prison, $15,000 in fines, and a suspension of license for up to three years. In addition, time may be added to the prison sentence if the accident occurred in a work-zone or while the driver was texting. Thus, Vehicular Homicide is functionally the same as Involuntary Manslaughter While Driving a Vehicle.

Remember, more severe is a DUI Homicide by Vehicle conviction, which is a second-degree felony and the penalty is up to ten years in prison and $25,000 in fines.

To be convicted of Vehicular Homicide in Pennsylvania, conduct more than mere speeding is required. The most common way the prosecutor establishes someone’s guilt is by proving they
were driving under the influence of alcohol or prescription drugs. However, driving without any lights, driving on the wrong side of the road, racing with another car, or any other example where the driver was committing a serious traffic violation and a death occurred can lead to a conviction for this charge.

In addition to proving you were driving recklessly or in violation of a traffic law, the prosecutor must also prove that your driving is what actually caused the death of the other driver or pedestrian. You cannot be convicted of Vehicular Homicide if your traffic violation was not a direct and substantial factor in causing the other party’s death. Thus, it is important to hire an experienced criminal defense attorney like Brian Manchester to raise defenses that create a reasonable doubt about the causation of the death. Defenses include establishing the death occurred at a time in which you were not committing the traffic violation, or the victim was partly responsible for the accident, or some other event (like rainy conditions) played a role in why the accident happened, or the evidence against you is weak or ill-gotten, and much more. If the jury has a reasonable doubt about any one of the above three elements, you must be found innocent.

Brian Manchester has been a criminal defense attorney for almost twenty years and can make sure that you do not forego these defenses. For a free consultation, we can be contacted at 1-800-243-4878.

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