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I accidentally hit a Pedestrian. Now I am facing a vehicular assault charge for reckless driving. Do I have a defense?
I was driving at speed limit on a main city street and I was approaching a yellow light. This intersection has a camera and I knew I had enough distance to cross as I saw the yellow light come on. However, last minute some pedestrian got in the way and I slammed on the brakes and accidentally hit them. I think their leg is broken and now they are accusing me of reckless driving and charging me with vehicular assault, what can I do?
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Answers (1)
Vehicular assault in many states is defined as an assault, or accident resulting in serious injury or even death (vehicular manslaughter) by a driver who is suspected of reckless driving or driving under the influence. Al though many states only issue a misdemeanor for such a charge, if the circumstances were quite alarming with severe reckless driving causing serious injuries, many states will penalize you with some of the following consequences: a felony charge, jail time, license suspension, and fines. The duration of jail time/license suspension, and fines depend on the judges ruling and the state laws surrounding this matter.
In your situation it sounds like this was purely an accident. You should hire a skilled criminal defense attorney to carefully evaluate the details of this case and set up effective defense strategies for yourself. It may be possible to get the charge dropped or at least reduced to a much lesser violation which may only require some fines or restitution to the injured party.
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Posted by Staff Writer on 21 Jan 2010