Tennessee Criminal Lawyer Blog

A New Jersey man pleaded guilty today to assault by automobile, two counts of aggravated assault and driving while intoxicated stemming from an accident in which the man’s drunk driving was responsible for seriously injuring three women. At the time of the wreck, which occurred on April 18, 2009, the man’s blood-alcohol content was reportedly twice the legal limit. According to his plea deal he will be facing up to five years in prison, a far cry from the decades of prison time he would have been facing had he gone to trial. The injuries to the victims in his case were severe. One victim in particular had her skull detached from her spinal column and miraculously survived. She also suffered brain trauma and has undergone fifteen operations as a result of the accident. The personal injury ramifications of this incident are discussed here.

This situation is a perfect example of how plea bargaining can aid defendants in avoiding lengthy sentences. In situations like this one, where the defendant will almost certainly be found guilty considering all the circumstances, the defendant may be better off pleading guilty and foregoing the trial process. The downside of pleading guilty is that the defendant waives several constitutional rights that are generally available to them, such as the right to a trial by jury, the right to present witnesses in their favor, and the right to confront witnesses against them.

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A mail carrier is faced with a variety of charges after she hit a Tennessee Highway Patrol Trooper head-on Friday night while driving under the influence in her postal vehicle. The Trooper was apparently trying to turn into a gas station when the lady crossed lanes and struck his vehicle. The Trooper was taken to the hospital, but he was treated and released without critical injuries. The charges against the drunken driver include DUI, driving without insurance, failure to keep control of a vehicle, and vehicular assault.

Tennessee law provides that a driver can be charged with vehicular assault when, as a result of that driver’s intoxication, the driver recklessly causes serious bodily injury to another person by the operation of a motor vehicle. Intoxication in this context includes intoxication by both alcohol and drugs. Vehicular assault in Tennessee is a Class D felony, punishable by two to twelve years in prison and a fine of up to five thousand dollars.

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From time to time, I am asked what a person is legally supposed to do if he or she is involved in a Tennessee motor vehicle accident that results in injury. TCA 55-10-101 spells out a driver’s legal duties when involved in such accidents and imposes serious penalties on those who fail to comply.

The driver’s initial duty under the law is to immediately stop the vehicle at the scene of the accident. The law instructs that the vehicle should be stopped in a place that does not obstruct traffic anymore than is necessary.

The driver is also required to provide certain information to law enforcement personnel and to other drivers who were involved in the accident. The driver must provide the officer with his or her name, address and registration number of the vehicle driven. He must also, upon request, exhibit his license to the person struck or other attending person.

The driver is also under a duty to render “reasonable assistance.” This duty includes carrying, or the making of arrangements for the carrying, of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if carrying is requested by the injured person.

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