Aggravated assault by vehicle while driving under the influence DUI is defined under chapter 37 section 3735.1 of the Pa criminal code. Defending DUI cases It states that a person commits this act when they negligently cause serious bodily harm to an individual when they are operating a motor vehicle and driving under the influence. It is important to note that this statute do not pertain to cases where the victim was killed. In addition, a charge of aggravated assault by vehicle while DUI is a felony of the second-degree and carries with it a sentence of up to ten years in prison. In order to be charged under this statute, the common wealth must establish a number of important factors took place in the commission of the offense. First, the commonwealth must prove that the driver’s behavior was reckless or negligent. Often times it is the case that the driver was speeding which the state would use as evidence that the driver was acting recklessly.
Second, in order for a defendant to be found guilty of Aggravated Assault while DUI, the government must prove that the driver was the direct cause of the victim’s injury as a result of a DUI. Field sobriety Test This a very high burden of proof on behalf of the prosecution. They have to prove the series of events lead directly to the injury, which opens up a number of possible defenses against such a charge. For instance, it could be a possibility that the other driver was partially at fault for the accident. Or it could be the case that the injuries sustained on the part of the victim did not actually occur as a result of the crash but instead could be due to preexisting conditions or were sustained during the transportation to the hospital by EMS staff. Finally, the commonwealth must prove that the victim suffered life threatening or disfiguring injuries or suffered any prolonged impairment of function of a body part. In essence, the severity of the injuries is an important factor in determining whether this crime took place and it varies from case to case. In order ensure the best outcome for your case if you have been charged under this statute, it is important to have the necessary legal representation. The attorneys at the Bellwoar Kelly, LLP have handled a number of cases involving DUI related charges and have fought hard to ensure the best outcome of the cases for their clients.