Vehicular Assault & Vehicular Homicide

When someone drives with: disregard for the safety of others; recklessly; or under the influence of alcohol or drugs and hurts or kills someone, they are likely to be charged with the crime of Vehicular Assault or Vehicular Homicide.  When someone is hurt or killed in a car accident, the police will look particularly hard to see if there is any impairment on the part of the drivers.  Anyone who has used alcohol or drugs and has had their ability to drive appreciably affected by alcohol, drugs, or a combination of both can be charged with these felony crimes.

Vehicular Assault

Vehicular assault is a class B felony, meaning that it can be punishable by up to 10 years in prison and a $20,000.00 fine. Vehicular assault can be charged as a strike offense.  In Washington, a person who is convicted of three strike offenses must be confined to prison for the rest of their lives, with no chance of early release or parole.  If you are charged under the statute's reckless driving prong, or under the influence prong then this crime is categorized as a strike offense. However, if you are charged under the statute's disregard for the safety of others prong, this is not a strike offense.

Vehicular Homicide

Vehicular homicide is a class A felony, This is a Class A Felony, and those convicted face imprisonment of up to a lifetime, and a fine of up to $50.000.00. Vehicular homicide can be charged as a strike offense.  In Washington, a person who is convicted of three strike offenses must be confined to prison for the rest of their lives, with no chance of early release or parole.  If you are charged under the statute's reckless driving prong, or under the influence prong then this crime is categorized as a strike offense. However, if you are charged under the statute's disregard for the safety of others prong, this is not a strike offense.

Our criminal defense experience with Vehicular Assault & Vehicular Homicide is your advantage

Changes in law now require that the police secure a search warrant when seeking to test a person's blood for evidence of alcohol or drugs, even if they are hospitalized or refuse a blood test.  Prior to the United States Supreme Court's 2013 decision in Missouri v. McNeely, Washington law enforcement officers could forcibly take blood from anyone accused of vehicular assault or vehicular homicide.  In 2013 the Supreme Court ruled that this was no longer allowed, and required police officers to get search warrants for all blood tests unless they were consensual.  We have had many cases in which police did not follow the proper protocol, and this allowed for blood test results to be suppressed, leading to more favorable results for our clients.

When you are facing serious criminal charges, Newton & Hall can help. Call us at (253) 867-2675 to schedule a free initial consultation. Our criminal defense attorneys are standing by.

 

Newton & Hall | Criminal Lawyers

Criminal defense provided with professional integrity by caring and experienced lawyers. Available 24 hours a day, 7 days a week. Serving the greater Puget Sound region from our Kent, Washington office.

King County Criminal Defense Attorneys

When you are facing serious criminal charges, we can help. Call us at (253) 867-2675 to schedule a free initial consultation.