Vehicular assault in the second degree is inflicting severe bodily harm on an adult or a child while operating a motor vehicle under the influence of drugs or alcohol according to the New York Penal Code § 120.03. The New York vehicular assault law applies to those who operate cars, trucks, boats, snow mobiles, and hazardous material trucks. Vehicular assault with a snow mobile occurs when the driver of the snow mobile severely injures his passengers or pedestrians while he’s driving under the influence of alcohol or illegal drugs. Vehicular assault with a snowmobile is in violation of the New York laws pertaining to parks, recreation, and historic preservation. Vehicular assault in the second degree is a class E felony
Commercial HazMat Drivers
New York state and federal laws require HazMat drivers to pass an additional written test, pose absolutely no threat to national security, and pass a criminal background check. A criminal conviction of any kind prohibits you from driving a HazMat truck. Hazardous material drivers’ fingerprints are on file with the Federal Transportation Security Administration.
The driver of a hazardous materials truck with a gross weight of more than 18 thousand pounds committed vehicular assault in the second degree if he seriously injured someone while his judgment was impaired by alcohol or controlled substances. Under these circumstances, the commercial driver can be charged with vehicular manslaughter or vehicular assault if he was driving while his blood alcohol concentration was 0.18 or illegal controlled substances were present in his blood stream.
Criminal Defense Attorney
If you’re suddenly arrested for vehicular assault in the second degree, you should not attempt to speak for yourself to the police, in front of a judge, or even to your friends while you are waiting to talk to your lawyer or waiting for your bail to be paid. You must remain silent until you get a vehicular assault criminal defense attorney. Our criminal defense attorney brings the efficiency of a big city law firm into your bond hearing and your criminal court trial. Our criminal defense attorney can help you with a cost-effective solution to your legal problem. You can trust our criminal defense lawyer who has appeared on CNN and Fox News. Our second generation criminal law attorney has been published in both U. S. News and USA Today. Our vehicular assault criminal defense attorney can help you preserve your rights and work hard to have your charges reduced or dismissed.
Vehicular Assault in the First Degree
Vehicular assault in the first degree under the New York Penal Code Law § 120.03 is committing vehicular assault in the second degree with a child in the vehicle or without a driver’s license. If you knew your driver’s license was suspended or revoked and you drove anyway, you will be arrested. Vehicular assault is in the first degree under New York Law when severe bodily harm is inflicted on a child under 15 years old.
Aggravated Vehicular Assault
Aggravated vehicular assault under New York Penal Law includes reckless driving as defined by New York’s Vehicular Manslaughter Laws. Causing severe bodily harm to more than one individual during a vehicular assault accident is aggravated vehicular assault, or vehicular assault in the first degree. Aggravated vehicular assault is a class C felony.
Call or contact our criminal defense attorney who is available 24 hours each day 7 days each week. Our criminal defense lawyer may be able to get your bail and charges reduced so you can get home to your family and friends to wait for your criminal trial. You can go back to work and schedule a flexible initial consultation in our Bronx, Brooklyn, Long Island, or Queens law office. Our attorneys speak English, Russian, and Spanish. Your attorney will care about you when no one else does. We know you need your time and money, and we may let you make installment payments.
