How the charge is built
In New York, vehicular assault is a felony charge linked to intoxicated or impaired driving that causes an injury the law treats as serious. The case usually combines two disputes: whether the driver was impaired, and whether the impairment, rather than something else, caused the injury. Medical records on how severe the injury was can matter as much as the testing. A DWI charge is often filed alongside it, and license consequences move through the DMV on a separate track. Because the charge is a felony, it generally goes to a grand jury after arraignment unless the case is resolved another way.
Evidence that is time-sensitive
Blood draws, breath tests, and the paperwork around them are central, including how a sample was taken and whether consent or a warrant was involved. Vehicle event data, scene photographs, and road conditions can bear on causation. Do not discuss the crash with police or anyone else before speaking with a lawyer, and do not post about it. You will usually need to notify your own insurer that the crash happened, but talk to a lawyer before giving any detailed statement. Any civil claim the injured person brings is separate, and what you say in one can be used in the other.
The first conversation
We go through the arrest, the testing, any release conditions or order of protection, and the status of your license. Immigration status, professional licenses, and commercial driving privileges need early attention, since a felony disposition can affect each one differently. We look at what the prosecution would have to show on causation and what the evidence actually says. From there we explain the path through arraignment and the grand jury, and which decisions come first. If the injured person or their family contacts you, do not respond yourself; let your lawyer know, because the contact may be restricted by a court order or may become evidence.
