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Delaware – Vehicular Assault in the First & Second Degree – 11 Del. Code § 628 & § 629 – Full Text

DELAWARE VEHICULAR ASSAULT IN THE SECOND DEGREE MISDEMEANOR LAW*

§ 628. Vehicular assault in the second degree; class B misdemeanor.

A person is guilty of vehicular assault in the second degree when:

(1) While in the course of driving or operating a motor vehicle, the person’s criminally negligent driving or operation of said vehicle causes serious physical injury to another person; or

(2) While in the course of driving or operating a motor vehicle and under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person’s negligent driving or operation of said vehicle causes physical injury to another person.

Vehicular assault in the second degree is a class B misdemeanor.

DELAWARE VEHICULAR ASSAULT IN THE FIRST DEGREE FELONY LAW*

§ 629. Vehicular assault in the first degree; class F felony.

A person is guilty of vehicular assault in the first degree when while in the course of driving or operating a motor vehicle and under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person’s negligent driving or operation of said vehicle causes serious physical injury to another person.

Vehicular assault in the first degree is a class F felony.
*Current as of October 31, 2008

If you have any questions please feel free to call E. Martin Knepper at Knepper & Stratton (302)658-1717 or (302)736-5500.