Vehicular Assault Requires Aggressive Representation.
Alcohol and drug-related driving offenses include car crashes that result in serious bodily injury. This type of case would be considered a vehicular assault. If you are accused of vehicular assault, you are facing serious penalties and need a vehicular assault defense attorney. You may face prison, jail, loss of driving privileges, restitution, and more. If you’ve been arrested and charged with vehicular assault, contact Attorney Lain Lawrence, and get the defense you need to protect your future. He regularly represents clients in Arapahoe County, Douglas County, Adams County, and the Denver Metro Area.
What Is the Legal Definition of Vehicular Assault?
Vehicular assault is defined at C.R.S. §18-3-205 as driving in a reckless manner which causes serious bodily injury to another person. It is also operating a motor vehicle under the influence of drugs or alcohol and that conduct results in an accident with serious bodily injury. This is a strict liability crime, which means the person does not have to intend for the accident to happen or to cause serious bodily injury.
It does not matter who is injured as well. You could hypothetically hit a pedestrian or injury someone in your own vehicle. There is also no comparative fault. Comparative fault looks at ways an injured party could have contributed to an accident. If you passenger was not wearing a seat belt, that would not alleviate of criminal liability.
What Is Serious Bodily Injury?
Serious bodily injury means injury that involves, either at the time of the actual injury or at a later time, a substantial risk of death, a substantial risk of serious permanent disfigurement, or a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.
In laymen’s terms, this is an injury that involves a break or significant likelihood of scaring. Police will be required to get a certification from a medical provider that serious bodily injury occurred.
Punishment for Vehicular Assault
Vehicular assault involving a DUI is a class 4 Felony. This means it is punishable by 2-6 years in prison and/or a fine of up to $500,000. A vehicular assault involving reckless driving s a class 5 Felony. This is punishable by 1-3 years in prison and a fine of up to $100,000. These types of crimes are also punishable by probation. This would require a defendant to complete DUI probation, and it very likely would also include a punitive jail sentence. You could also be required to pay restitution. Restitution is a requirement that you pay for any financial loss that your criminal conduct caused.
If You Are Charged with Vehicular Assault, Speak with a Vehicular Assault Defense Attorney Today
We’re open during regular business hours, but we will stay late or be available on weekends if necessary. Schedule a free consultation. Attorney Lawrence is ready, willing, and able to discuss and defend you against any vehicular assault charge.
You should request a consultation from a DUI Defense Attorney if facing a vehicular assault charge. .