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If an intoxicated driver injurs another person, can he be charged with aggravated assault?
My friend spends the night drinking with his buddies and is visibly intoxicated when leaving the bar. He drove his truck and struck a girl walking along the road. The force of the impact causes the victim's body to land 200 feet from the point of collision and to strike a telephone pole. The defendant who lives in hires a dui dwi attorney. Can he be charged with aggravated assault?
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Answers (1)
Pursuant to Pennsylvania's DUI statutes, the driver may be charged with aggravated assault by a vehicle under the influence. This is proven by showing that the driver negligently caused serious bodily injury to the victim as a result of driving under the influence of a controlled substance or alcohol and that he was convicted of driving under the influence. Pennsylvania law defines DUI as being impaired with an alcohol concetration in the breath or blood of at least .10% but below .16% after the intoxicated driver has operated or controlled the movement of the vehicle. Aggravated assault is a felony of the second degree when the injury was caused by the violation
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Posted by Yara Zakharia on 28 Jan 2010
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