According to NBC New York, a Long Island police officer sustained life-threatening injuries in a suspected drunk driving accident while on DUI patrol earlier this month. The officer, who had been a member of the Nassau County Police Department for 12 years, was in an unmarked vehicle on Glen Cove Road in Roslyn when the incident occurred.
Investigators determined that a pickup truck crossed over the street’s double yellow line and struck the officer’s car head-on, causing serious injuries. Officials claim the accident victim suffered head trauma, including swelling of the brain, as well as a broken arm, a broken leg, broken vertebrae in the neck, missing teeth, and a cracked rib.
According to authorities, it took responders from Nassau Emergency Services roughly 45 minutes to free the injured officer from the wreckage. An off-duty NYPD officer also provided assistance at the scene.
Responders transported the man to a local hospital in stable condition. The alleged drunk driver who had been traveling in the pickup truck, a 29-year-old man, injured his ankle in the collision. Police claim he will face charges for both DWI and vehicular assault.
If you are facing criminal charges following a motor vehicle collision and you’re not sure how to proceed, contact Darren DeUrso, Attorney at Law. As a Westchester County DWI attorney, Mr. DeUrso can develop a defense that may convince the court to drop or reduce charges. Call 914-772-8614 to schedule a case evaluation.
What Is Vehicular Assault in New York?
In the state of New York, a motorist is guilty of vehicular assault if he or she causes serious physical injury while operating a motor vehicle under the influence or in violation of certain state laws. Vehicular assault in the second degree is a class E felony, and vehicular assault in the first degree is a class D felony.
In order to convict someone of vehicular assault, the prosecutor must be able to prove that the accident victim sustained serious physical injury. It is common for the District Attorney’s office to “overcharge” motorists with vehicular assault, meaning the victim’s injuries were not actually considered serious by legal standards.
In the eyes of the law, serious physical injuries are typically those that are life threatening. Such injuries require emergency medical care because they pose a significant risk of death if left untreated. An injury may also be considered serious and warrant criminal charges if it results in:
- Significant or permanent disfigurement;
- The loss of a fetus;
- A fracture;
- The permanent loss of function of a body organ; or
- The permanent limitation of a body organ.
A motorist may face second degree vehicular assault charges if he or she causes any of the above while:
- Driving under the influence of drugs or alcohol;
- Operating a vehicle that weighs more than 18,000 pounds and contains explosive, radioactive, or flammable materials; or
- Operating a snowmobile or all-terrain vehicle.
Individuals can expect to face first degree vehicular assault charges if they committed vehicular assault in the second degree and:
- Had a blood alcohol concentration of at least 0.18 when the incident occurred;
- Had a suspended or revoked license when the incident occurred;
- Received a DUI conviction within the last 10 years; or
- Caused serious injury to more than one individual.
If you are facing criminal charges following a motor vehicle collision, turn to Darren DeUrso, Attorney at Law. The legal system can be unpredictable, but Mr. DeUrso can help you avoid mistakes that could compromise your interests.
Call 914-772-8614 to schedule a consultation with a DUI lawyer in Westchester County. If you want to learn more about criminal defense in New York, visit the USAttorneys website.