DUI FAQs

I ran over a person with my car and got arrested for attempted murder and aggravated assault, will I be convicted of a crime?

Attempted Murder

A car can be a deadly weapon. PA courts have been clear that your car is just as much of a weapon as a knife or a gun. There is a case call Packard where the person drove away from the victim, then turned their car around making a u-turn, then driving at the person and striking them with the vehicle. In that case, the act of using the car as a weapon was enough for attempted murder.

Also, in attempted murder cases, you must have a specific intent to kill. Therefore, in the car case above, aiming the car at the person is the specific intent.

Aggravated Assault

In aggravated assault cases, you must have an intent at the time of the act that you knowingly or recklessly would cause serious bodily injury to the person.

This problem arrises when someone is trying to get away from a bad situation. If you are in your car and you rightfully believe that you are being attacked while you are in your car, and you drive away and hit one of the attackers, breaking their sternum and their arm, are you guilty of any crime? When you ran over a person with your car, your intent was clearly to get away from the scene, not to injure the person , so you should be found not guilty.

Therefore, my answer to this important question is very fact specific.

Brian J. Zeiger, Esquire, is an experienced and successful criminal defense and civil rights attorney. He is a seasoned trial lawyer with significant experience before juries and judges. Brian understands civil rights cases, including Taser, Wrongful Death, Excessive Force, Police Brutality, Police Misconduct, Malicious Prosecution, Monell Claims, Sexual Assault, Prisoner’s Rights, Time Credit, Medical Malpractice, and Medical Indifference.