THE DEFINITION OF VEHICULAR ASSAULT IN TENNESSEE:
In Tennessee, Vehicular Assault is defined as:
A person commits vehicular assault who, as the proximate result of the person’s intoxication as set forth under the Driving Under the Influence statute, recklessly causes serious bodily injury to another person by operation of a motor vehicle.
While the definition may seem straightforward – essentially being a Tennessee DUI that involves a crash that caused serious bodily injury – there are several terms in the definition that have specific meaning and that require specific proof for the State of Tennessee to convict someone charged with Vehicular Assault.
One such term is “serious bodily injury.” Not all injuries qualify as “serious bodily injury” and even some injuries that may seem serious do not qualify. Also, the determination of whether the person was driving under the influence in a key point of fighting and requires a thorough evaluation of how the investigation was conducted, whether the investigating officers collected certain evidence, whether witnesses were interviewed and what their statements were, and whether the accused’s rights were violated.
That is why it is important that you have a knowledgeable Tennessee criminal defense attorney on your side fighting the charges against you with your rights in mind.