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Mandatory Prison Time Avoided in Aggravated Vehicular Assault Case

A 62 year old salesman was involved in an alcohol related accident when his vehicle struck several cyclists, two of whom suffered broken bones.  Our client subsequently blew a .177 breath test, and was charged with two counts of aggravated vehicular assault (as 3rd and 4th degree felonies), failure to stop after an accident, OVI, and OVI high test.  The lead vehicular assault charge was particularly problematic, for a conviction of this offense carries a mandatory prison term of at least one and up to five years.  After laying out the significant mitigation associated with our client’s state of mind on the night of the offense, coupled with potential problems with the breath test, the prosecutor agreed to dismiss the 3rd degree aggravated vehicular assault charge, along with the two OVI charges, for pleas to the 4th degree felony aggravated assault and 5th degree felony failure to stop after an accident charges.  After reviewing a comprehensive sentencing memorandum, the Judge imposed a period of probation in lieu of prison, with our client only having to serve 4 weekends of local incarceration.

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