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Driving to endanger injury resulting charges in Rhode Island
When a serious bodily injury of any person occurs as a proximate result of the operation of any vehicle in a manner that demonstrates a reckless disregard for the safety of others, the person so operating shall be guilty of Driving so as to Endanger Injury Resulting. Under Rhode Island Criminal law, Driving to Endanger Injury Resulting may be found under Rhode Island General Laws, Section 31-27-1.1.
Legal Elements of Driving to Endanger Injury Resulting
In order to be convicted of Driving to Endanger Injury Resulting, there must exist strong evidence of the following legal elements:
- that the defendant was operating a motor vehicle;
- that the defendant was operating the motor vehicle in reckless disregard of the safety of others; and
- that such operation by the defendant was the proximate cause of the serious bodily injuries to the alleged victim
For the defendant to have a reckless disregard of the safety of others, the defendant did not have to actually intend to harm anyone. The defendant’s conduct must have reflected a wanton disregard for the safety of others and a heedless indifference to the consequences of his actions.
The term “proximate cause” means a cause which in natural, unbroken and continuous sequence produced the event in question. In other words, but for the defendant’s recklessness, there would not have been serious bodily injuries.
Serious bodily injury is defined as physical injury that creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
Potential Punishment if Convicted of Driving to Endanger Injury Resulting in Rhode Island
Under Rhode Island criminal law, a conviction for Driving to Endanger Injury Resulting is a felony and the defendant shall, upon conviction, be imprisoned for not more than 5 years and have his or her license to operate a motor vehicle suspended for no more than 3 years. This penalty may be found at Rhode Island General Laws, Section 31-27-1.1.
In the alternative, when the physical injury of the alleged victim occurs as a proximate result of the operation of any vehicle in a manner that demonstrates reckless disregard for the safety of others, the defendant shall, upon conviction, be imprisoned for not more than 2 years and have his or her license to operate a motor vehicle be suspended for no more than 1 year. This penalty may be found at Rhode Island General Laws, Section 31-27-1.2.
Furthermore, if the defendant caused serious bodily injury and was under the influence of any intoxicating liquor, toluene, or any controlled substance, he or she shall, upon conviction, be punished by imprisonment for not less than 1 year and for not more than 10 years. His license may also be revoked for a period of up to 2 years. In addition, the defendant may be required to successfully complete alcohol or drug treatment, at their own expense, in a program established by the director of the department of corrections. This penalty may be found at Rhode Island General Laws, Section 31-27-2.6.
If you have been charged with Driving to Endanger Injury Resulting and need expert legal representation, contact the Rhode Island Motor Vehicle Defense Lawyers at the Law Office of John L. Calcagni III by email or call today at (401) 351-5100 to schedule a free consultation.
