Vehicular assault involves causing harm to another person while operating a motor vehicle recklessly or under the influence of drugs or alcohol. Unlike other traffic offenses, vehicular assault does not require intentional harm—the act of driving negligently or recklessly and causing injury is sufficient for prosecution under Ohio Revised Code § 2903.08. Vehicular assault charges are treated as significant threats to public safety and carry severe penalties such as being classified as a felony.
Cincinnati Vehicular Assault Defense Attorney
Vehicular assault is considered a violent offense, and can result in both loss of a driver’s license as well as the usual consequences for violent crimes. If you are facing charges for vehicular assault, you need an experienced criminal defense lawyer on your side who can protect your rights.
The Wieczorek Law Firm, LLC, led by Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
Call today at (513)-317-5987 for your free case evaluation.
Vehicular Assault Overview
- Vehicular Assault under Ohio Law
- Penalties
- Defenses
- Additional Resources
- Hire an Attorney for Vehicular Assault
What is Vehicular Assault?
Vehicular assault is typically defined as causing physical harm to another person through the use of a motor vehicle. The statute states as follows:
(A) No person, while operating or participating in the operation of a motor vehicle, motorcycle, utility vehicle, mini-truck, snowmobile, locomotive, watercraft, or aircraft, shall cause serious physical harm to another person or another’s unborn in any of the following ways:
(1)(a) As the proximate result of committing a violation of division (A) of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance;
(b) As the proximate result of committing a violation of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance;
(c) As the proximate result of committing a violation of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance.
(2) In one of the following ways:
(a) As the proximate result of committing, while operating or participating in the operation of a motor vehicle, utility vehicle, mini-truck, or motorcycle in a construction zone, a reckless operation offense, provided that this division applies only if the person to whom the serious physical harm is caused or to whose unborn the serious physical harm is caused is in the construction zone at the time of the offender’s commission of the reckless operation offense in the construction zone and does not apply as described in division (E) of this section;
(b) Recklessly.
Some common examples of vehicular assault:
- Driving Under the Influence: A driver under the influence of alcohol crashes into another vehicle, causing severe injuries to the occupants.
- Reckless Driving: A motorist weaves through traffic at high speed, striking a pedestrian in a crosswalk.
- Texting While Driving: A distracted driver runs a red light while texting, colliding with another car and injuring the driver.
- Road Rage: An aggressive driver intentionally sideswipes another vehicle, causing the other driver to lose control and crash.
In some jurisdictions, vehicular assault can also include harm caused by aggressive driving, such as road rage incidents.
Penalties for Vehicular Assault
The penalties for vehicular assault depend on the severity of the victim’s injuries, the driver’s intent, and whether aggravating factors were involved, such as DUI or prior convictions.
Misdemeanor Charges (less severe cases):
- Fines up to $5,000 and
- Jail time of up to 6 months.
- Suspension or revocation of driver’s license.
Felony Charges (serious or repeat offenses):
- Fines up to $20,000 and
- Prison sentences up 10 years
- Permanent loss of driving privileges in some cases.
- Mandatory participation in alcohol or substance abuse treatment programs.
Defenses Against Vehicular Assault Charges
Facing a vehicular assault charge does not automatically lead to a conviction. Several defenses may be used, depending on the circumstances:
Lack of Recklessness or Negligence: Arguing that the defendant was not operating the vehicle recklessly or negligently.
Mechanical Failure: Demonstrating that the accident was caused by a malfunction in the vehicle, rather than driver error.
Unforeseeable Circumstances: Showing that external factors, such as weather or sudden actions by another driver, contributed to the incident.
Additional Consequences
In addition to legal penalties, a conviction for vehicular assault can have far-reaching consequences, including:
- Civil liability in lawsuits filed by the victim or their family.
- Difficulty securing employment or housing due to a criminal record.
- Increased car insurance premiums or cancellation of coverage.
- Loss or suspension of driver’s license
Additional Resources
- Ohio Revised Code § 2903.08: Vehicular assault involves causing harm to another person while operating a motor vehicle recklessly or under the influence of drugs or alcohol. Read more about the statute here.
- Office of the Attorney General on Breath Testing – The lead state prosecutor in Ohio, the attorney general, published an analysis of breath testing equipment and how it relates to court evidence suppression. The AG pointed out that some districts place extreme importance on maintaining equipment and throw out evidence that indicates that the breathalyzers are not calibrated constantly, other districts may be more lenient, as in State of Ohio v. Lambert (2013).
Hire a Vehicular Assault Defense Attorney in Hamilton County, Ohio
A vehicular assault charge can severely affect your life—it can result in fines, a suspended license, and even imprisonment. However, a strong defense attorney can help you deal with your charge. Mark Wieczorek is an experienced assault defense attorney and understands the legal system.
The Wieczorek Law Firm, LLC represents clients in Southern Ohio, including the cities of Cincinnati, Columbus, Akron, Dayton, Toledo, and South Point. Call us today at (513) 317-5987 for a free consultation or complete our contact form.