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Aggravated Assault By Vehicle — DUI

In Pennsylvania, there are severe penalties for driving while intoxicated, even when no one is ever hurt. When someone is, though, the consequences are much graver for the accused. If prosecutors can prove someone was seriously hurt by your negligent driving as a result of driving under the influence of alcohol or drugs, you could face years in prison and a felony record.

Philadelphia Aggravated Assault With DUI

With such serious penalties, you'll want a serious Philadelphia aggravated assault with DUI lawyer representing you. At Alva Foster & Moscow, LLC, our criminal defense attorneys work hard to show the weaknesses in the case of the prosecutor to the jury, whether it be demonstrating the reasonable doubt that exists over whether you were intoxicated or that any negligence while driving caused injury. We will challenge their accusations and seek the best possible result for you, including your charges being reduced or dismissed. Call us today at (215) 665-1695 to schedule a consultation.

Our attorneys represent those facing aggravated assault by vehicle while DUI charges in Philadelphia, Montgomery County, Chester County, Delaware County, Bucks County and in New Jersey.

Information on Pennsylvania DUI Vehicular Assault Charges

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Pennsylvania Charges for Aggravated Assault By Vehicle While Intoxicated

Under 75 Pa. Cons. Stat. § 3735.1, it is a second degree felony to negligently cause serious bodily injury to another person as a result of violating Pennsylvania's laws against driving while under the influence.

In Pennsylvania, it is illegal to drive under the influence of any intoxicated substance, including drugs or alcohol to the extent that the driver's ability to drive safely is impaired. If you have a blood-alcohol content (BAC) at or above .08, you are automatically considered too intoxicated to drive.

"Negligently" is usually a term used in personal injury law, but it means that you had a duty to do something and failed to do it. In this case, it is the duty to drive as a reasonable driver. Violating any traffic regulations, like speeding or running a red light, will usually constitute negligence, but do not always. Similarly, you can still be driving negligently while following the law.

The victim could be a person in another vehicle, or a person on the sidewalk who is struck. It could also be a passenger in your car.

For a second degree felony, you could face up to 10 years in prison and fines up to $25,000.

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Defenses to Aggravated Assault — DUI in Philadelphia

If the accusations were that you failed a DUI test and were in an accident where someone was hurt, you may assume that you are going to be convicted. However, there are multiple elements to aggravated assault by vehicle while DUI, and the prosecutor must prove each and every one beyond a reasonable doubt.

Prosecutors must prove you were intoxicated, that you were driving negligently, and that the negligent driving caused the accident. However, even the question of whether you were intoxicated can be challenged, even if you failed a DUI test.

For instance, the officer giving the test is required to have given you O'Connell warnings, which are the consequences of refusing a test. If, in the rush due to the injury, he or she neglected to give the warnings, your Philadelphia DUI lawyer can move to have the test results suppressed.

This is only one possible defense that could lead to your charges being reduced or dismissed. Your attorney can fight the accusations on many different grounds.

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Finding the Best Aggravated Assault-DUI Lawyer in Philadelphia

A Philadelphia aggravated assault with DUI lawyer can help you fight charges. We will seek to expose every weakness in the prosecution's case, seek to suppress inadmissible evidence and cross-examine their witness. With a criminal defense attorney from Alva Foster & Moscow, LLC, you can count on a zealous defense. Call us today at (215) 665-1695 for a consultation.