Vehicular Assault 1, 2, and Aggravated Vehicular Assault in NY are defined by which of the following combinations?

Vehicular Assault 1, 2, and Aggravated Vehicular Assault in NY are defined by which of the following combinations?

• A. .08 BAC causing serious injury plus one factor
• B. .08 BAC causing serious injury
• C. Reckless behavior plus .08 BAC causing serious injury plus one factor
• D. All of the above

Answer: (D)

All three degrees of Vehicular Assault in New York are built around causing serious physical injury through driving while intoxicated and then increasing liability with higher levels of intoxication or additional aggravating factors. If a driver’s BAC is around .08 or higher and their driving results in serious injury, that can meet the base idea of Vehicular Assault. Adding an aggravating factor to that same scenario elevates the charge to a higher degree. If recklessness is present and the driver has .08 BAC and causes serious injury plus another factor, that also fits a more serious level of liability, including Aggravated Vehicular Assault. Because each described pattern reflects a valid way the statute can be satisfied across its degrees, all of the described fact patterns are encompassed.

All three degrees of Vehicular Assault in New York are built around causing serious physical injury through driving while intoxicated and then increasing liability with higher levels of intoxication or additional aggravating factors. If a driver’s BAC is around .08 or higher and their driving results in serious injury, that can meet the base idea of Vehicular Assault. Adding an aggravating factor to that same scenario elevates the charge to a higher degree. If recklessness is present and the driver has .08 BAC and causes serious injury plus another factor, that also fits a more serious level of liability, including Aggravated Vehicular Assault. Because each described pattern reflects a valid way the statute can be satisfied across its degrees, all of the described fact patterns are encompassed.