Interviewer: So besides the frequency of OVI’s making them into a felony. Anything else that can make an OVI into a felony?
Dale: Well, there’s aggravated vehicular assault.
Interviewer: Meaning you, what, intentionally or unintentionally hit someone with your car, or if they get injured in an accident?
Dale: Believe it or not it’s not infrequent. In fact, probably more frequently than not. It is a passenger in your car. And it matters not, whether or not that passenger wants to press charges.
Interviewer: So if you were with your friend, and I don’t know, you get into an accident, your friend gets injured, and they don’t want to press charges against you. Then you are found to be over the limit, the state is going to press charges for you and there’s nothing you can do?
Dale: Yeah, they’re going to still go forward with their case. The state will still go forward with the case.
I’ve had a lady, who had a child in a child seat that was involved in an accident. That was over the legal limit, that got charged with aggravated vehicular assault.
Interviewer: Oh, the state essentially pressed charges on behalf of the injured child?
Interviewer: Does it matter if the passenger is actually injured or will they just assert that anyway?
Dale: It’s a serious injury and it’s really not defined what a serious injury is. I would say a broken bone is definitely a serious injury, a concussion is definitely a serious injury, a whiplash, maybe. By Dale Naticchia