Philadelphia Criminal Lawyer Update: Commonwealth Must Prove Causation Was “Direct and Substantial Factor” in Aggravated Assault By Vehicle While Driving Under the Influence (DUI)

by | Apr 17, 2013

In a new opinion in Commonwealth v. Spotti, 2013 WL 1490996, — A.3d — (April 12, 2013), the Pennsylvania Superior Court reversed defendant’s conviction for aggravated assault by vehicle while DUI because the defendant’s reckless driving was not a direct and substantial factor in victim’s injuries.

The defendant in Spotti was driving under the influence of alcohol, and driving erratically and recklessly.  The defendant swerved his car, causing another to veer to avoid colliding with defendant’s car, which caused that person to crash into a van parked on the side of the road.  The van then struck a tow truck.  Two people who were changing a tire on the van were severely injured when the accident occurred.

To read the majority opinion in Spotti, authored by Judge Bender, download the PDF here.  To read the concurring and dissenting opinion (PDF download), authored by Judge Strassburger, click here.

If you enjoyed this post, check out this article about criminal defense.

Were You Charged with a Crime in Pennsylvania or New Jersey?

If so, I can help, and I’m not afraid of taking on tough cases, either. Put an innovative and experienced criminal defense lawyer on your side by contacting me at Shuttleworth Law for a Free Case Evaluation. Call 215-774-1371 or message me here directly to request yours today.

Home » Blog » Philadelphia Criminal Lawyer Update: Commonwealth Must Prove Causation Was “Direct and Substantial Factor” in Aggravated Assault By Vehicle While Driving Under the Influence (DUI)
%d bloggers like this: