King County prosecutors aggressively go after those accused of vehicular assault. The King County prosecutors office has a "felony traffic" division that is led by a long-time prosecutor that is familiar and driven to prosecute these cases. Unlike a DUI charge, vehicular assault is a felony. The main difference between a DUI and a charge of vehicular assault is that someone in the accident must have suffered "substantial bodily harm." This is often a subjective term that is based on the perception of the officer.
In order to defend a charge of vehicular assault an attorney must have a solid foundation of DUI knowledge and a solid foundation of knowledge of alcohol breath testing and blood testing. Mistakes by poorly trained officers and medical personal are frequent and in these tests and finding their mistakes is sometimes the key to defending these cases.
I have an extensive knowledge of DUI law and vehicular assault defense. I have also been up against the King County felony traffic division prosecutors and know what to expect from them. If you are facing a charge of vehicular assault then you are facing up to 10 years in prison and need an advocate in your corner.
In Washington State RCW 46.61.522 governs vehicular assault:
Vehicular Homicide is a "Class A" Felony and punishable by up to 25 years in prison. Additionally, you may face a civil lawsuit against you for monetary damages. If someone has been tragically killed as a result of a accident then significant investigation must be done to determine if you are criminally liable for vehicular homicide. If you are facing a charge of vehicular homicide then you should meet with an attorney experienced in felony traffic defense and minimize the consequences.
RCW 46.61.520 Governs Vehicular Homicide
(1) When the death of a person occurs within 3 years and was caused by the driving of a person that was driving while:
VEHICULAR ASSAULT & VEHICULAR HOMICIDE SENTENCING ENHANCEMENTS
Prosecutors and the Washington State Legislature have worked together to create a myriad of "sentencing enhancements" for the charges of vehicular assault and vehicular homicide. Most of these factors add 12 - 24 months of prison time to a sentence when these factors are present. These factors are governed by RCW 9.94A.533.