Vehicular Assault Lawyers in Sevierville
Tennessee courts do not take drunk driving lightly. DUI penalties, therefore, can be severe—even for first-time offenders. If convicted, your sentence will depend on a wide variety of factors, including your level of intoxication, your driving record, and whether they determine your DUI as the cause of someone’s property damage or injury.
Vehicular assault is one of the most severe DUI convictions under Tennessee State Law. Under Statute §39-13-106, it is a Class D Felony and mandates multiple life-altering penalties. If you are facing allegations of this crime in Sevierville, you will need the skills and experience of a dedicated team of vehicular assault lawyers. At Andrew Farmer Law, our lead attorney is an award-winning trial lawyer with more than 10 years of experience fighting for the rights of the accused.
Building your defense right away is crucial for your future. Call (865) 205-2637 today to get started as soon as possible.
What Is Vehicular Assault?
According to Tennessee law, vehicular assault is when a driver recklessly causes serious bodily injury to another person as a result of operating a motor vehicle while under the influence of drugs or alcohol. Vehicular assault may become aggravated vehicular assault if you allegedly had a certain level of intoxication and a number of related previous offenses.
What Are the Penalties for Vehicular Assault?
Because every case is unique, the judge will consider a variety of factors before determining the conviction’s coinciding punishment.
Penalties will likely include one or more of the following:
- Mandatory alcohol or drug treatment
- Community service
- Fines up to $5,000 and court fees
- License revocation for 1-5 years, depending on number of previous offenses
- 2-12 years of jail time, depending on level of intoxication at the time of the incident
Building Your Defense Against a Conviction
Vehicular manslaughter involves multiple components. To convince the judge of your innocence, we will work to prove one or more of the following:
- You were not intoxicated at the time of the incident. In some cases, police will use blood samples at a time other than directly after the incident. If you get blood work done immediately, you may be able to expose faulty evidence collected by police.
- You were not driving the vehicle at the time of the incident. If police were not at the scene when the incident occurred, they may incorrectly assume you were driving the vehicle. Pictures taken directly after the incident, as well as eyewitness testimony from those who saw that you were not the driver, will help you disprove these allegations.
- Your intoxication was not the “proximate cause” of the incident. Proximate cause means your intoxication deprived you of the self-control and mental clarity you normally have.
- You did not act recklessly. Recklessness typically involves failing to show an ordinary person’s standard of care. The prosecution will need to prove that you intentionally or knowingly disregarded a substantial risk of injuring the plaintiff.
- The plaintiff did not sustain serious bodily injury. According to TN Statute § 39-11-106(a)(34), serious bodily injury includes significant risk of death, unconsciousness lasting for a certain period of time, extreme pain, disfigurement, or an organ or bodily member’s impairment/loss of functioning.
- The serious bodily injury was not caused by the incident. Some factors may refute a direction causative connection between the incident and the plaintiff’s serious injury. For example, medical records may prove the plaintiff already had certain injuries. Alternatively, the plaintiff could have taken certain risks (e.g. not wearing a seatbelt) that could affect fault or liability.
You Have No Time to Waste—Call Our Firm Today
Andrew Farmer Law is more than prepared to provide strategic counsel and aggressive litigation tactics for your defense. Our team will work tirelessly to collect any and all evidence that will prove your innocence, because we understand how crucial it is that your charges are dropped.
We will treat your case as if our own freedom were at stake. Schedule your free consultation or call our firm directly at (865) 205-2637 today.
Our attorneys are known throughout the area as premier, reliable legal defense with a record of representation resulting in favorable decisions in favor of their clients.
Since our practice opened, we have offered a variety of legal solutions to clients in many areas. We are experienced, compassionate and aggressive for our clients. We treat every case with the same dedication and personalized care you deserve.
We believe in community participation, taking action for the people and contributing resources. Giving back to the communities and organizations we serve in Tennessee is one of the driving forces behind everything we do.
Andrew Farmer Law is a results-driven firm that focuses on providing favorable results for our clientele. Our practice ranges from complex criminal trials to bringing families together through the miracle of adoption. Inspired by our community, we put passion into everything we do.