Attempted Vehicular Assault - I hit someone with my car and I was arrested for attempted murder and aggravated assault, will I be convicted of a crime?
A car can be a deadly weapon. PA courts have made it clear that your car is as much a weapon as a knife or gun. There is a case call
Attempted Vehicular Assault
Where the person walked away from the victim, then turned the car around, made a U-turn, drove towards the person and hit them with the vehicle. In this case, the act of using the car as a weapon was sufficient for attempted murder.
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Also, in cases of attempted murder, you must have a specific intent to kill. So in the case of the car above, pointing the car at the person is the specific intention.
In cases of serious assault, you must have the intent at the time of the act to intentionally or recklessly cause serious physical harm to the person.
This problem arises when someone tries to run away from a bad situation. If you are in your car and you rightly believe that you are being attacked while you are in your car, and you drive and hit one of the attackers, breaking your sternum and arm, are you guilty of a crime? If you run over a person with your car, your intention is clearly to flee the scene, not to injure that person, so you are not to be blamed.
Brian J. Zeiger, Esquire, is an experienced and successful criminal defense and civil rights attorney. He is a seasoned attorney with significant experience before juries and judges. Brian understands civil rights cases including Taser, Involuntary Killing, Excessive Force, Police Brutality, Police Misconduct, Malicious Prosecutor, Monell Claims, Sexual Assault, Prisoner Rights, Temporary Credit, Medical Negligence, and Medical Indifference. drunk driving resulting in serious physical injury. Injury to another person. If the victim dies from their injuries, the state will charge the more serious offense of vehicular homicide.
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CRS 18-3-205 is a strict liability felony. This means that it does not matter whether the accused intended to harm someone. The only question is whether the accused was seriously injured by driving erratically or under the influence of alcohol and/or drugs.
"Serious Bodily Injury" under Colorado law means an injury that, at the time of the actual injury or thereafter, involves:
A person is the immediate cause of injury if the injury is a natural and probable consequence of his or her misconduct.
Example: Alice decides to come home from a party even though she has been drinking. Her BAC is actually 0.10%, well above Colorado's "legal limit" of 0.08%. On the way home, Alice runs over a child on a bicycle and breaks several bones in her face. Because Alice willfully drove a motor vehicle while under the influence, her driving was the proximate cause of the child's serious injuries, and she could be charged with violating CRS 18-3-205.
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Example: Let's say in the previous example the accident only broke the child's arm in one place. A simple concussion is not a serious enough injury to merit CRS 18-3-205 charges. But while the child is being attended to in the emergency room for medical treatment, a former employee enters the hospital with a gun and starts shooting at people. The child is shot in the face, leaving him missing. While the accident started it all, the shooting was unexpected and Alice had nothing to do with it. Had it not been for the shooting, the child would have made a full recovery. Therefore, the shooting - not the accident - was the proximate cause of the child's serious injuries. 1.3. What is reckless driving?
A person drives recklessly when he deliberately disregards the safety of others. An example might be swerving quickly at red lights or between lanes. Imprudence requires a higher degree of culpability than mere negligence.
If a drug or other substance makes a person unsafe, he is driving under the influence. It doesn't matter if the drug is legally or medically necessary. Even innocent drugs can lead to DUI charges. This includes not just alcohol and controlled substances, but seemingly innocent and commonly used drugs such as:
When driving in Colorado, a person is considered to have given "express consent" to a BAC chemical test if arrested on suspicion of a DUI. Typically, an inmate should have the option of a DUI breath test or DUI blood test.
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But if the arresting officer reasonably suspects drugs were involved, the prisoner may be required to take a blood, urine or saliva test instead of – or in addition to – a breathalyzer test.
If you refuse to take a chemical test, the accused driver's license will be automatically suspended for one year. Obviously, this is not 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 drinking or using drugs.
And the only way to combat denial of a DUI test is to show that the officer had no probable cause to demand one in the first place. This can be difficult if someone has been injured by the defendant's direction.
If the officer suspects a person has been DUI, their blood may be drawn against their will. And the results of an involuntary blood test can be used against the accused.
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Seriously injuring someone as a result of reckless driving in Colorado is a Class 5 felony. Consequences can include:
It is a Class 4 felony if a defendant seriously injures someone while driving under the influence. Consequences can include:
It is unclear whether a violation of CRS 18-3-205 affects a noncitizen's resident status. Even if the defendant has no criminal intent, prosecutors can still try to argue that vehicular assault qualifies as a felony involving moral turpitude or an aggravated felony - which are deportable.
Non-citizens accused of any crime should immediately seek an experienced criminal defense attorney. It may be possible for the case to be dismissed or substantially reduced to a non-deportable crime.
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Vehicular Homicide (CRS 18-3-106) Driving a motor vehicle recklessly or while intoxicated or intoxicated and then causing a fatal accident. This is a crime that can carry up to 12 years in prison.
Fleeing the scene of an accident (CRS 42-4-1601) is a misdemeanor if only property damage occurs. But if it causes serious injury or death, it is charged with a crime.
Careless Driving (CRS 42-4-1402) is driving a vehicle without giving due consideration to the road and surroundings. It is usually a Class 2 Misdemeanor Traffic Offense.
Contact our Denver Colorado criminal defense attorneys for a free consultation and legal advice to build an attorney-client relationship.
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