Aggravated assault by vehicle while driving under the influence

If you are involved in an accident and you are charged with a Chester County DUI, you may be facing an aggravated assault by vehicle while driving under the influence.  The statute is

Section 3735.1.  Aggravated assault by vehicle while driving under the influence.

(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. – As used in this section, the term “serious bodily injury” means any bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

As you can see, there are a few important elements other than the elements for a DUI and you must talk to a Chester County DUI lawyer because this is serious business with serious jail time.  First, there must be proof of negligence.  In terms of a defense, "A victim's contributory negligence, if any, is not a defense to a charge of Aggravated Assault by Motor Vehicle While Driving Under the Influence if the Defendant's conduct was a direct and substantial factor in causing the accident."  Commonwealth v. Ketterer, 1999 PA Super 30 (Pa. Super. Ct. 1999).  The court further outlined negligence as,

 "A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and intent of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation."  

Another example of the crime being outlined by the elements of the DUI by agg assault is in the following case, 

The appellate court held that defendant, after imbibing five to six 16-ounce cans of beer, over a period of approximately three hours, drove his vehicle up to 15 miles per hour over the speed limit without his high beams, crossed the white fog line, and collided with a victim. Defendant admitted that he should have seen the victim, but could not explain why he failed to do so. Within two hours of striking the victim, defendant's blood alcohol content was.128 percent. Defendant consciously disregarded a substantial and unjustifiable risk that his conduct might seriously injure another person. Defendant's conduct in failing to appreciate the risk that he might injure another person was a gross deviation from the standard of care that a reasonable person would observe in defendant's situation. Commonwealth v. Schmohl, 2009 PA Super 97 (Pa. Super. Ct. 2009)