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120.04-A - Aggravated vehicular assault.

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§ 120.04-a Aggravated vehicular assault.Apersonisguiltyofaggravated vehicular assault when he or sheengages in reckless driving as defined by section twelve hundredtwelveofthevehicleandtrafficlaw,and commits the crime of vehicularassault in the second degreeasdefinedinsection120.03ofthisarticle, and either:(1)commitssuchcrimeswhile operating a motor vehicle while suchperson has .18 of one per centum or more by weight ofalcoholinsuchperson'sbloodasshownby chemical analysis of such person's blood,breath, urine or saliva madepursuanttotheprovisionsofsectioneleven hundred ninety-four of the vehicle and traffic law;(2)commitssuch crimes while knowing or having reason to know that:(a) his or her license or his or herprivilegeofoperatingamotorvehiclein another state or his or her privilege of obtaining a licenseto operate a motor vehicle in another state is suspended or revokedandsuchsuspensionor revocation is based upon a conviction in such otherstate for an offense which would, if committed in this state, constituteaviolationofanyoftheprovisionsofsectionelevenhundredninety-twoof the vehicle and traffic law; or (b) his or her license orhis or her privilege of operating a motor vehicle in this stateorhisorherprivilegeof obtaining a license issued by the commissioner ofmotor vehicles is suspended or revoked and such suspension or revocationis based upon either a refusal to submit to a chemical test pursuanttosectionelevenhundredninety-fourof the vehicle and traffic law orfollowing a conviction for a violationofanyoftheprovisionsofsection eleven hundred ninety-two of the vehicle and traffic law;(3)haspreviously been convicted of violating any of the provisionsof section eleven hundred ninety-two ofthevehicleandtrafficlawwithinthe preceding ten years, provided that, for the purposes of thissubdivision, a conviction in any otherstateorjurisdictionforanoffensewhich, if committed in this state, would constitute a violationof section eleven hundred ninety-two of thevehicleandtrafficlaw,shall be treated as a violation of such law;(4) causes serious physical injury to more than one other person;(5)haspreviously been convicted of violating any provision of thisarticle or article one hundred twenty-five of this titleinvolvingtheoperationofamotorvehicle, or was convicted in any other state orjurisdiction of an offense involving the operation ofamotorvehiclewhich,if committed in this state, would constitute a violation of thisarticle or article one hundred twenty-five of this title; or(6) commits such crime while operating a motor vehicle whileachildwho is fifteen years of age or less is a passenger in such motor vehicleand causes serious physical injury to such child.Ifitisestablishedthatthe person operating such motor vehiclecausedsuchseriousphysicalinjuryorinjurieswhileunlawfullyintoxicatedorimpairedbytheuseof alcohol or a drug, or by thecombined influence of drugs or of alcohol and any drugordrugs,thenthereshallbearebuttablepresumptionthat,as a result of suchintoxication or impairment by the use of alcohol or a drug,orbythecombinedinfluenceofdrugs or of alcohol and any drug or drugs, suchperson operated the motor vehicle in a manner that causedsuchseriousphysicalinjuryorinjuries,as required by this section and section120.03 of this article.Aggravated vehicular assault is a class C felony.
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  • § 120.04-a Aggravated vehicular assault. A person is guilty of aggravated vehicular assault when he or she engages in reckless driving as defined by section twelve hundred twelve of the vehicle and traffic law, and commits the crime of vehicular assault in the second degree as defined in section 120.03 of this article, and either: (1) commits such crimes while operating a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of the vehicle and traffic law; (2) commits such crimes while knowing or having reason to know that: (a) his or her license or his or her privilege of operating a motor vehicle in another state or his or her privilege of obtaining a license to operate a motor vehicle in another state is suspended or revoked and such suspension or revocation is based upon a conviction in such other state for an offense which would, if committed in this state, constitute a violation of any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law; or (b) his or her license or his or her privilege of operating a motor vehicle in this state or his or her privilege of obtaining a license issued by the commissioner of motor vehicles is suspended or revoked and such suspension or revocation is based upon either a refusal to submit to a chemical test pursuant to section eleven hundred ninety-four of the vehicle and traffic law or following a conviction for a violation of any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law; (3) has previously been convicted of violating any of the provisions of section eleven hundred ninety-two of the vehicle and traffic law within the preceding ten years, provided that, for the purposes of this subdivision, a conviction in any other state or jurisdiction for an offense which, if committed in this state, would constitute a violation of section eleven hundred ninety-two of the vehicle and traffic law, shall be treated as a violation of such law; (4) causes serious physical injury to more than one other person; (5) has previously been convicted of violating any provision of this article or article one hundred twenty-five of this title involving the operation of a motor vehicle, or was convicted in any other state or jurisdiction of an offense involving the operation of a motor vehicle which, if committed in this state, would constitute a violation of this article or article one hundred twenty-five of this title; or (6) commits such crime while operating a motor vehicle while a child who is fifteen years of age or less is a passenger in such motor vehicle and causes serious physical injury to such child. If it is established that the person operating such motor vehicle caused such serious physical injury or injuries while unlawfully intoxicated or impaired by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, then there shall be a rebuttable presumption that, as a result of such intoxication or impairment by the use of alcohol or a drug, or by the combined influence of drugs or of alcohol and any drug or drugs, such person operated the motor vehicle in a manner that caused such serious physical injury or injuries, as required by this section and section 120.03 of this article. Aggravated vehicular assault is a class C felony.

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