Vehicular Assault Attorney Nashville, TN
What is Vehicular Assault?
Vehicular assault is a felony offense. According to TCA § 39-13-106, it occurs when a driver recklessly causes serious bodily injury to another person as a proximate result of the driver’s intoxication. This includes alcohol and/or drug intoxication. A person convicted of vehicular assault may face 2 to 12 years in prison and a fine of up to $5,000.
May McKinney represents drivers across Tennessee who have been arrested for and accused of vehicular assault, DUI, and all types of criminal traffic offenses. Our founding attorney, Rob McKinney, has practiced exclusively in criminal defense since 1994. While in law school, he worked as a law clerk for the Seventh Circuit Court in Nashville and witnessed numerous DUI and vehicular assault cases presented to the court. With over 80 years of combined legal experience, our attorneys are fully qualified to defend clients against felony vehicular assault charges.
For helpful insight regarding DUI with injury charges, call our Nashville vehicular assault attorneys at (615) 265-6383.
Aggravated Vehicular Assault: TCA § 39-13-115
In certain circumstances, a driver who is accused of causing an injury accident while intoxicated may face aggravated vehicular assault charges. These are explained in TCA § 39-13-115. Aggravated vehicular assault is a Class C felony, punishable by 3 to 15 years in prison and $5,000 to $15,000 fine.
Aggravated vehicular assault occurs when a driver recklessly causes serious injury to another person as a result of his or her intoxication, and:
- The driver has two or more prior DUI convictions or violations of the habitual motor vehicle offender law;
- The driver has one or more prior convictions for vehicular assault, vehicular homicide, or aggravated vehicular homicide; or
- The driver had a blood alcohol content (BAC) of .20% or more at the time of the offense and has one prior conviction for DUI or violation of the habitual motor vehicle offender law.
Preparing a Defense in Vehicular Assault Cases in Tennessee
In any vehicular assault case, the prosecutor must prove that alcohol was the proximate cause of the accident and the injury. Just because you were involved in an accident while under the influence of alcohol or drugs is not enough to support a conviction of vehicular assault.
With an inside perspective on the Tennessee court system, our Nashville vehicular assault lawyers know how to effectively investigate each case to make sure no holes exist in the evidence. We also partner with investigators to determine the root cause of vehicle accidents.
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