What Is Vehicular Assault - Driving a vehicle while intoxicated causing serious bodily harm to another person. If the victim dies from his injuries, the state will charge him with the more serious crime of vehicle homicide.
CRS 18-3-205 is a criminal liability offense. This means that it does not matter whether the defendant intended to harm someone. The only question is whether the defendant caused the grievous injury through negligence or while under the influence of alcohol and/or drugs.
What Is Vehicular Assault
"Serious bodily injury" under Colorado law means an injury that, at the time of actual injury or thereafter, includes:
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A person is the proximate cause of someone's injury if the injury is a natural and likely consequence of his misconduct.
Example: Alice decides to drive home from a party even though she has been drinking. Its BAC is actually 0.10%, well above Colorado's "legal limit" of 0.08%. On the way home, Alice hits a child on her bicycle and breaks several bones. Because Alice voluntarily drove a motor vehicle under the influence of alcohol, her driving was a direct cause of serious injury to the child and she could be charged in violation of CRS 18-3-205.
Example: Suppose in the previous example, an accident crushed a child's hand in one place. Simple bruising is not an injury severe enough to warrant charges under CRS 18-3-205. But when the child is examined for medical attention in the emergency room, the former employee comes to the hospital with a gun and starts shooting people. A child is shot in the face, leaving him disfigured. Although the accident started the whole thing, the shooting was unplanned and Alice had nothing to do with it. Had it not been for the shooting, the child would have made a full recovery. So the shooting - not the accident - was the direct cause of the child's serious injuries. 1.3. What does reckless driving mean?
A person drives recklessly when they knowingly disregard the safety of others. Examples include speeding at red lights or veering off the road. Frivolity requires greater guilt than mere negligence.
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If a drug or other substance causes you to drive dangerously, it means that you are driving under the influence. It doesn't matter if the drug is legal or medically necessary. Even harmless drugs can lead to drunk driving charges. These include not only alcohol and controlled substances, but also seemingly innocent and commonly used drugs such as:
When driving in Colorado, a person arrested on a DUI charge is expected to "explicitly consent" to a BAC chemical test. Normally, an inmate must be able to choose between an alcohol breath test and an alcohol blood test.
However, if the arresting officer has a reasonable suspicion that drugs are involved, the detained person may be asked to undergo a blood, urine or saliva test instead of or in addition to a breath test.
If a chemical test is refused, the defendant's driving license will be automatically suspended for one year. I don't think it's as serious as prison. Thus, a person may decide that it is in their best interest to refuse a chemical test if they have caused a serious accident after consuming alcohol or drugs.
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And the only way to fight a DUI test refusal is to show that the officer had no probable reason to require it. This can be difficult if the defendant's driving was impaired.
If an officer suspects that a person was under the influence of alcohol, blood may be taken against their will. And the results of an involuntary blood test can be used against the accused.
Seriously injuring someone as a result of reckless driving in Colorado is a Class 5 felony. Consequences may include:
It is a class 4 felony if the accused injures someone while driving under the influence of alcohol. Consequences may include:
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It is not clear whether a breach of CRS 18-3-205 affects the resident status of a non-citizen. While the defendant may not have had the intention of committing the crime, prosecutors can still argue that assault with a vehicle qualifies as a moral misconduct or aggravated crime - which is subject to deportation.
Foreigners accused of committing a crime should immediately contact an experienced criminal defense lawyer. It is possible that the case will be dismissed or significantly reduced to a crime without bail.
Automobile homicide (CRS 18-3-106) is driving a motor vehicle carelessly or under the influence of alcohol or recklessly and then causes a fatal accident. This is a crime punishable by up to 12 years in prison.
Leaving the scene of an accident (CRS 42-4-1601) is a misdemeanor if only property damage is involved. But if it causes serious injury or death, it is considered a crime.
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Reckless driving (CRS 42-4-1402) is driving a vehicle without regard to the road and surroundings. This is usually a class 2 traffic violation.
Contact our Denver Colorado criminal defense attorneys for a free consultation and legal advice on building an attorney-client relationship. While motor vehicles are generally considered to be for transportation, under Texas law, motor vehicles are considered weapons under certain circumstances. This definition can be extremely problematic for someone accused of using a vehicle as a weapon, as it can result in assault using a motor vehicle or an assault charge, both of which lead to criminal charges.
It is important to understand that serious criminal charges can result even in cases where no one has died in a car accident, as serious personal injury or even episodes of criminal negligence can also lead to possible criminal charges. In addition, it is important to remember that assault with a motor vehicle does not necessarily involve driving, as a person may also be charged with this offense for any other possible use of a motor vehicle that endangers other people.
Have you been arrested for alleged assault using a motor vehicle in Dallas or the Texas area? The Richard C. McConathy Law Firm can be your voice in the courtroom and has the expertise to help you reduce or dismiss criminal charges.
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Our company knows how scary these types of criminal allegations can be and the immense stress they cause people, so we do everything we can to help you forget the alleged crime and move on. Call (972) 233-5700 or contact us online for a free consultation that will allow us to investigate the facts of your case and begin building a strong defense in court.
Texas Penal Code § 22.02 states that a person commits aggravated assault if the person commits assault as defined in Texas Penal Code § 22.01 and causes serious bodily harm to another person, including a spouse, or uses or displays a deadly weapon during a commission. attack. Texas Penal Code § 22.01 states that a person commits a felony if he intentionally, knowingly, or negligently causes bodily harm to another person, including that person's spouse; intentionally or knowingly threatens another person with direct bodily harm, including that person's spouse; or intentionally or knowingly causes physical contact with another person if that person knows or should reasonably believe that the other person will find the contact offensive or provocative.
Again, a motor vehicle may be considered a deadly weapon on these criminal charges. Texas Transportation Code § 501.001 defines a motor vehicle as any motor vehicle required to be registered under the laws of that state; a trailer or semi-trailer, other than factory bodywork, with a gross vehicle weight exceeding 4,000 pounds; travel trailer; all-terrain vehicle defined in 551A.001; or a motorcycle or moped that is not subject to registration under the laws of that state.
The Texas Court of Criminal Appeals ruled that an individual may commit statutory assault with a deadly weapon (motor vehicle) by "locking the victim in a hot car, hitting the victim's head against the frame of the car, removing the gas from the car." explode in a tank, idle the car and let it collide with the victim or a building, suffocate the victim's trunk, or drive the car in an enclosed area to cause carbon monoxide poisoning. This again shows that a person can be held liable even without driving a motor vehicle.
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Some cases where the alleged perpetrators are under the influence of alcohol or drugs may result in a DUI charge. Under Texas Penal Code Section 49.07, a person commits an assault while intoxicated if they accidentally or mistakenly:
Serious bodily injury is an injury that carries a significant risk of death or causes serious permanent health impairment or long-term loss or impairment of the function of any part of the body or organ. Driving under the influence of alcohol is a third degree felony.
The consequences of motor vehicle assault or even a DUI conviction can be serious. In general, possible penalties may include:
In
Serious Injury Collision In Olympia Results In Vehicular Assault, Narcotics Arrest
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