New York has several statutes covering vehicular assault. One of these statutes covers vehicular assault in the second degree, which is a Class D Felony. Vehicular assault in the second degree is not intentional. The driver did not get in a vehicle with the intention of mowing down a pedestrian or a bicyclist.
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However, if the driver was intoxicated or driving recklessly or speeding, it can become more than an accident due to negligence and a lack of proper care. The accident becomes a vehicular assault as a result of negligence, carelessness, or recklessness. If convicted, it can mean a term of seven years in state prison and a fine of up to $5,000.
The Hudson County View reports that the woman involved in a suspected DUI crash in Jersey City that injured two police officers now faces new charges.
27-year-old Amandeep Tiwana is now facing the additional charge of assault by auto in addition to DUI, reckless driving, speeding, failure to obey traffic restrictions during an emergency, and disregarding officers directing traffic among other infractions.
The charges stem from an April 28th crash that occurred just after 12:30 a.m. as Port Authority Police Officer Peter Siano and three Jersey City officers were securing a previous crash scene.
Tiwana was driving eastbound on Route 139 when she struck the median divider, a JCPD radio car, and Siano. Siano suffered from serious injuries in the crash.
A Jersey City Police Officer was also injured, suffering from injuries to his right hand.