In previous blog posts the charge of Aggravated Assault by Vehicle was discussed. A related but more severe offense that can be found under the Pennsylvania Code is the offense of Aggravated Assault by Vehicle while DUI. The statute for Aggravated Assault by Vehicle while DUI specifically requires a defendant to have caused serious bodily injury to another person AND that the injury was caused negligently as a result of a violation of the DUI / Driving Under the Influence statute. If these elements are met, the person has committed a Felony of the Second Degree.
In many of these cases, the major issue in these types of cases often is not whether there was serious bodily injury or whether or not there was a DUI offense, instead the crux of the argument becomes whether the DUI was a direct and substantial factor in causing the accident. In these cases is not uncommon that the Commonwealth as well as the defense teams will employ/consult and/or hire experts who will either support or reject the notion that the DUI was a direct and substantial factor in the causation.
It is important in these cases, as in any other that evidence be preserved quickly, interviews of any witnesses be conducted in a timely manner, and experts be consulted and hired when appropriate.
If you or a loved one is facing prosecution for an allegedly violation of the Aggravated Assault by Vehicle while DUI statute, contact Mike DiCindio directly to discuss your case and begin planning your defense.
Title 75 § 3735.1. Aggravated assault by vehicle while driving under the influence (Pennsylvania)
(a) Offense defined.–Any person who negligently causes serious bodily injury to another person as the result of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and who is convicted of violating section 3802 commits a felony of the second degree when the violation is the cause of the injury.
(b) Definition.–(Deleted by amendment).
The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. It is intended solely for informational purposes.
Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale