Under Tennessee law, a person commits vehicular assault when, as a proximate result of the person’s intoxication, they recklessly cause serious bodily injury to another person by operation of a motor vehicle, both alcohol and drug intoxication is included in the definition of intoxication. In plain English, vehicular assault is serious injury to another person by a DUI driver.
Vehicular Assault Penalties
A conviction for vehicular assault is a Class D Felony, punishable by 2 to 12 years imprisonment and a fine up to $5,000.00.
Notable Tennessee Vehicular Assault Cases
Tennessee Vehicular Assault Defendant Avoids Permanent Felony Conviction. My client was arrested and charged with violating Tennessee Code Annotated Section 39-13-106 (Vehicular Assault) and 55-10-401 (DUI). The arresting office was dispatched in reference to a motor vehicle accident. Upon arrival the arresting officer made contact with the defendant who was on the shoulder of the roadway complaining of severe leg pain. The victim stated he was headed northbound and upon entering the curve observed a silver car in his lane of travel attempting to pass another vehicle. The victim stated that he got over as far as he could but was struck head-on by the defendant. The victim was then taken to the emergency room via EMS for treatment. The arresting officer made contact with the defendant and immediately noticed the odor of an alcoholic beverage about his person. The defendant stated that he was coming from Lebanon and headed home to Portland. The officer observed that the defendant had very watery eyes, slightly slurred speech, and was unsteady on his feet. The defendant stated that he had a tire blowout and it forced him into the other lane of travel. The defendant only admitted to drinking one beer. The officer administered field sobriety tasks and the defendant performed poorly. The defendant submitted to a blood test and registered .22. The victim suffered a calcaneus fracture that required surgery. The defendant pleads guilty to DUI first offense but he avoided a permanent felony conviction. A conditional guilty plea pursuant to 40-35-313 to reckless endangerment and reckless aggravated assault were substituted for the vehicular assault. Case number 10-015.
Nashville, Tennessee Vehicular Assault Defendant Avoids a Lengthy Jail Sentence. My client was arrested and charged with violating Tennessee Code Annotated Section 39-13-106 (Vehicular Assault). He was arrested by Metro Nashville Police Department after he was involved in a near fatal traffic accident on I-24 near Briley Parkway in Nashville, Tennessee. The accident report stated that the accident was a result of the defendant's speed and intoxication. The defendant's vehicle went off the roadway in the curve. After losing control of the vehicle, the defendant's car collided with the median barrier wall. After the crash, the vehicle caught fire and burned. The defendant and his passenger were transported to Vanderbilt University Hospital for treatment. The passenger suffered a femur fracture and multiple facial fractures which required surgery. A blood test was given and my client later recorded a .24. The defendant had two prior DUI convictions. In addition, an independent witness overheard the defendant yell "I'm drunk, I'm drunk, this is the last time." The defendant was facing 2 to 12 years in prison. A pleas was reached were the defendant was released from jail after only serving 60 days. Case number 10-038.
I help good people restore their lives
-Lee Martin is a Nashville criminal defense lawyer who has gained national recognition as a criminal defense attorney. With over a decade of experience, he knows how to get results in vehicular assault charges. If you are seeking an experienced criminal defense attorney, use his experiences to your advantage. National Trial Lawyers Top 100 in the areas of DUI and criminal defense.
Related Blog Articles & News