New York law states that a driver who is intoxicated by either alcohol, drugs, or a combination of the two and is involved in an accident that injures another person may be charged with vehicular assault. This charge is in addition to the DWI charges that the driver may face. The law also applies to other types of vehicles, including ATVs and snowmobiles.
Vehicular assault in the second degree is a class E felony. The possible penalties for this crime are a maximum of four years in prison, a fine between $1,000 and $5,000 and probation. If the driver has a suspended license, obtains a previous DWI within the past 10 years, or causes serious physical injury to more than one person, they may be charged with vehicular assault in the first degree, which has more serious penalties.
For a free legal consultation, call 516-932-0400
The New York Post reports that a woman delivering Coronavirus aid was hit by an allegedly intoxicated driver in Queens.
The crash occurred last Wednesday on Northern Boulevard near the intersection of 110th Street at about 4 p.m.
The 36-year-old woman is the coordinator at the nonprofit Brigada de Esperanza NY. She was delivering food to people impacted by the Coronavirus when she was struck and pinned against her SUV.
The driver of the car that hit the woman was identified as 35-year-old Luis Encalada. He remained at the scene and was taken into custody. He is facing charges of vehicular assault and driving while intoxicated. Police observed an open can of beer in the center console of Encalada’s vehicle.
The victim was rushed to Elmhurst Hospital.