Fighting your DUI charge where serious injury is alleged.
The offense of DUI which causes serious physical harm to another can result in life-altering consequences for you. The felony offense of aggravated vehicular assault occurs when an alcohol or drug impaired person is involved in an auto accident which results in someone (other than the alleged impaired driver) being seriously injured.
The offense consists of three factual elements which must be proven beyond a reasonable doubt:
- The defendant was driving or was in actual physical control of a vehicle;
- While driving the vehicle, the defendant was under the influence of alcohol or drugs to the extent that his or her normal faculties were impaired, or had a breath/blood alcohol level of .08 or higher; and
- As a result of operating the vehicle, the defendant caused or contributed to causing serious bodily injury
What is the meaning of ‘Serious Physical Harm’?
Causing “serious physical harm” means causing injury to a person which results in:
- Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;
- Any physical harm that carries a substantial risk of death;
- Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;
- Any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement; or
- Any physical harm that involves acute pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain.
Penalties for Aggravated Vehicular Assault
Penalties for this offense can vary based on prior record as well as license status. At a minimum, the following penalties would apply – unless your lawyer is able to obtain a dismissal or reduction of charges:
- Mandatory prison time ranging from 12 months to 60 months;
- Fines up to $10,000; and
- License revocation of 2 to 10 years.
If your license was suspended at the time of the offense, the penalties could be even more severe.
How can Akamine Law help me?
Driving Under the Influence and Causing Serious Physical Harm is one of the most intensely prosecuted DUI offenses in Ohio, and no person should proceed without representation by a qualified DUI defense attorney.
At Akamine Law, we know that, even if evidence is mounted against you, it is still possible to achieve a good outcome with these cases. Time is of the essence in preserving key evidence and exploring creative defenses.
Call us or submit a free case evaluation request. There is no obligation. At the end of the consultation, you will have a clear picture of how we can work to achieve the best possible results on your behalf.
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