Connecticut Assault in the Second Degree with a Motor Vehicle Attorney


Let’s say that you are driving a car, while under the influence of alcohol or drugs, with your boyfriend or girlfriend in the passenger seat. You lose control of the car and hit a tree. You come out of the accident without any injuries, but your significant other needs to be rushed to the hospital for any number of injuries. You might be concerned about the possibility of a DUI charge. You should be more concerned about the possible, even likely, charge that you committed Assault in the Second Degree with a Motor Vehicle.

If you or a loved one are being investigate or have already been arrested for Assault in the Second Degree with a Motor Vehicle, you are likely scared, concerned, and overwhelmed. Call our experienced and dedicated attorneys at Black’s Law Group for an initial consultation where we can answer some of your likely many questions.

Until then, you can continue reading the rest of this post to learn about some of the basics about the criminal charge of Assault in the Second Degree with a Motor Vehicle.

What is Assault in the Second Degree with a Motor Vehicle?

In Connecticut, a person is guilty of Assault in the Second Degree with a Motor Vehicle when “while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, he causes serious physical injury to another person as a consequence of the effect of such liquor or drug.”

Under Connecticut’s Model Jury Instructions, the State will need to prove three elements beyond a reasonable doubt:

  1. That you operated a motor vehicle
  2. That you were under the influence while you operated a motor vehicle
  3. That your intoxication caused another person serious physical injury

Simply put, the State will need to prove that you operated a car, while intoxicated, and that your intoxication is the reason that another person was seriously injured.

What types of criminal penalties do I face?

Assault in the Second Degree with a Motor Vehicle is a class D felony. Although this crime does not carry with it a mandatory minimum period of jail time, if you are found guilty, a court can sentence you to up to five years of imprisonment. This crime also carries with it a maximum possible fine of $5,000.00.

Additionally, the accident damaged another person’s property, or left a victim with substantial out-of-pocket expenses for medical care, the court may also order that you pay restitution to that victim.

What types of DMV penalties do I face?

Not only does Assault in the Second Degree with a Motor Vehicle carry serious criminal penalties, but you also face serious restrictions on your driving privileges. Any person that is found guilty of this offense will have their driver’s license suspended for a full year.

On top of that year-long suspension, once you are able to begin driving again, you must do so in a vehicle that is equipped with an ignition interlock device for a period of two years.

Defending Against an A2MV Charge

Like any defense attorney, the best defenses in your case will entirely depend on the particular facts of your case. However, below are some of the typical areas of attack in an Assault in the Second Degree with a Motor Vehicle case:

  • Under the Influence – like any standard DUI matter, part of a defense will be assessing the strengths of the State’s case regarding whether you were under the influence. Was there a chemical test and if so, what did it reveal? If no chemical test, did you actually refuse such a test? If the police need to prove your intoxication based on your behavior or conduct, what did they observe and it is corroborated by any other evidence?
  • Causation – the State also carries the burden of proving that your intoxication caused the accident and accompanying injuries to other persons. What if the conditions of the road were miserable because it was snowing? What if there was something in the middle of the road that you needed to avoid, like a person illegally crossing a street? What if one of the injured persons was intoxicated themselves and bumped into you while trying to change the radio, forcing your hands off of the steering wheel?

Not only are these factual defenses available, but like any other criminal case, any number of specialized, affirmative defenses might apply in your case. Although you may carry the burden in one of these defenses, if available, an experienced defense attorney will leverage them throughout the trial process and if needed, trial itself.

If you or someone you love is facing a DUI arrest, call the Connecticut attorneys at Black’s Law Group for a free consultation.

DUI arrests place you in the crosshairs of the criminal justice system and the Department of Motor Vehicles, but can also affect your job, your family, and reputation in the community. You or your loved one are probably scared of what lies ahead. You will want to hire the right team of Connecticut defense attorneys to thoroughly evaluate and investigate your case, and then guide it to the best possible outcome. That’s where Black’s Law Group comes in. Call Black’s now to schedule your free consultation.

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