Aggravated Assault by Vehicle While DUI is defined as an assault with a motor vehicle. The element of the offense of aggravated assault with a motor vehicle is that the defendant was driving or in actual physical control of a motor vehicle while committing an assault. Aggravated Assault by Vehicle While DUI is very similar to Assault by Vehicle.
If the judge finds that the defendant committed aggravated assault by vehicle while intoxicated, then it is a misdemeanor offense. . An individual who is found guilty of aggravated assault by vehicle is usually found guilty of an Assault with a Motor Vehicle. The offense of Aggravated Assault by Vehicle While DUI is simply an alternative charge that the defense attorney may bring forth.
Vehicular Assault by Vehicle is a form of assault that does not involve any contact with a person. There are some people who think that vehicular assault is only applicable when the defendant is assaulting another person and the other person is also in the motor vehicle at the time. However, a person who has been hit by a vehicle and they are found to be intoxicated in the vehicle will be charged with a vehicular assault.
Vehicular Assault by Vehicle is a serious crime and is very difficult to prove. If the state can prove beyond a reasonable doubt that the defendant committed the offense of Aggravated Assault by Vehicle, then there is a chance that the driver could face incarceration if the case goes to trial.
There is an argument that the driver has no way of knowing whether or not their actions are causing the argument that leads to the argumentative exchange between the two individuals. A vehicle can move very quickly and people are often unaware that they are being hit. This is why people may argue that the argument doesn't actually happen between the two individuals. Assault on a member of the family is also a serious offense. Someone may argue that the two individuals don't actually know each other or even that the argument is initiated by another person. Sometimes a person may argue that there is no actual assault because the argument is more of a disagreement between two individuals. Regardless of the intent, assault with a motor vehicle is still a serious crime and is considered by many to be the most serious charge for assault.
The judge will make the decision whether or not to convict the person that was in the vehicle at the time of the altercation. It is important to remember that a person is charged with Aggravated Assault by Vehicle while DUI for what he or she did not do. Whether or not the defendant did anything that caused the argument that led to the argumentative exchange is the real question.
If the evidence of assault is present at the time of the altercation, then it will most likely lead to a conviction. If there is not enough evidence to establish assault, then the judge will probably find that the argument was an act of anger rather than a true threat. Even if a person can show the judge that they did not intend to act out the assault, then the judge may decide that the evidence is insufficient to prove that the person did not do.
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