Reading what was actually charged
The same name covers different conduct depending on where the crash happened. In New York, vehicular assault is a felony tied to driving while intoxicated or impaired by drugs and causing an injury that the law classifies as serious, and a crash without impairment is handled under other offenses, if any charge is filed at all. Some other states use the phrase more broadly, and a few reach reckless driving with no alcohol involved. That is why the first step is reading the charging papers rather than relying on what was said at the scene. In most New York matters the case turns on two questions: whether impairment can be proven, and whether the impairment, rather than the road, the weather, or another driver, caused the injury. Medical records then decide whether the injury fits the legal definition the charge depends on.
The first days after the arrest
Release conditions are set at arraignment, and the court can also act on your driving privileges early in the case. A refusal to take a chemical test usually leads to a separate DMV hearing, and that hearing tends to be scheduled quickly. Because the charge is a felony, it generally moves toward a grand jury unless it is resolved another way, and in New York you may have the option of testifying there, a decision to make with counsel and on a short timeline. Do not talk about the crash with investigators, the other driver's insurer, or anyone online before you have spoken with a lawyer. If you are not a citizen or you hold a professional or commercial license, say so at the start, because those consequences need their own review.
If you are the person who was hurt
The criminal case belongs to the prosecutor, not to you. You will likely hear from the district attorney's office or a victim advocate, and you can ask to be kept informed about court dates and any proposed plea. Restitution ordered in a criminal case tends to cover out-of-pocket losses rather than pain and suffering, so a civil claim against the driver and their insurer usually runs on its own path. When the driver had been drinking at a bar or restaurant, New York's dram shop law can sometimes bring the seller into that claim as well. In a first meeting we go over the police report, the status of the criminal case, your no-fault benefits, and the deadlines that apply to each claim, so that nothing on the civil side waits for the criminal one to finish.
