75 Pa. Cons. Stat. § 3742.1 is the statute for this Chester County crime. It states,
It is a a misdemeanor of the second degree, but it is a felony of the third degree if the victim suffers serious bodily injury or death and definitely requires the assistance and defense by a Chester County DUI lawyer if it occurred in Chester County. It has been concluded that the mens rea for a violation of 75 Pa.C.S.A. § 3742.1 is criminal negligence. Commonwealth v. Hurst, 2005 PA Super 414, P15 (Pa. Super. Ct. 2005).A person whose operating privilege was disqualified, canceled, recalled, revoked or suspended and not restored or who does not hold a valid driver's license and applicable endorsements for the type and class of vehicle being operated commits an offense under this section if the person was the driver of any vehicle and caused an accident resulting in injury or death of any person.
Remember that Mens Rea is the mental element of an offense that happens with the actual act, or actus reas.