2023 New York Laws › PEN - Penal › Part 3 - Specific Offenses › Title H - Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation › Article 120 - Assault and Related Offenses › 120.04-A - Aggravated Vehicular Assault.

§ 120.04-a Aggravated vehicular assault.
A  person  is  guilty  of  aggravated vehicular assault when he or she
engages in reckless driving as defined by section twelve hundred  twelve
of  the  vehicle  and  traffic  law,  and commits the crime of vehicular
assault in the second degree  as  defined  in  section  120.03  of  this
article, and either:
(1)  commits  such  crimes  while operating a motor vehicle while such
person has .18 of one per centum or more by weight of  alcohol  in  such
person's  blood  as  shown  by chemical analysis of such person's blood,
breath, urine or saliva made  pursuant  to  the  provisions  of  section
eleven hundred ninety-four of the vehicle and traffic law;
(2)  commits  such crimes while knowing or having reason to know that:
(a) his or her license or his or her  privilege  of  operating  a  motor
vehicle  in another state or his or her privilege of obtaining a license
to operate a motor vehicle in another state is suspended or revoked  and
such  suspension  or revocation is based upon a conviction in such other
state for an offense which would, if committed in this state, constitute
a  violation  of  any  of  the  provisions  of  section  eleven  hundred
ninety-two  of the vehicle and traffic law; or (b) his or her license or
his or her privilege of operating a motor vehicle in this state  or  his
or  her  privilege  of obtaining a license issued by the commissioner of
motor vehicles is suspended or revoked and such suspension or revocation
is based upon either a refusal to submit to a chemical test pursuant  to
section  eleven  hundred  ninety-four  of the vehicle and traffic law or
following a conviction for a violation  of  any  of  the  provisions  of
section eleven hundred ninety-two of the vehicle and traffic law;
(3)  has  previously been convicted of violating any of the provisions
of section eleven hundred ninety-two of  the  vehicle  and  traffic  law
within  the preceding ten years, provided that, for the purposes of this
subdivision, a conviction in any other  state  or  jurisdiction  for  an
offense  which, if committed in this state, would constitute a violation
of section eleven hundred ninety-two of the  vehicle  and  traffic  law,
shall be treated as a violation of such law;
(4) causes serious physical injury to more than one other person;
(5)  has  previously been convicted of violating any provision of this
article or article one hundred twenty-five of this title  involving  the
operation  of  a  motor  vehicle, or was convicted in any other state or
jurisdiction of an offense involving the operation of  a  motor  vehicle
which,  if committed in this state, would constitute a violation of this
article or article one hundred twenty-five of this title; or
(6) commits such crime while operating a motor vehicle while  a  child
who is fifteen years of age or less is a passenger in such motor vehicle
and causes serious physical injury to such child.
If  it  is  established  that  the person operating such motor vehicle
caused  such  serious  physical  injury  or  injuries  while  unlawfully
intoxicated  or  impaired  by  the  use  of alcohol or a drug, or by the
combined influence of drugs or of alcohol and any drug  or  drugs,  then
there  shall  be  a  rebuttable  presumption  that,  as a result of such
intoxication or impairment by the use of alcohol or a drug,  or  by  the
combined  influence  of  drugs or of alcohol and any drug or drugs, such
person operated the motor vehicle in a manner that caused  such  serious
physical  injury  or  injuries,  as required by this section and section
120.03 of this article.
Aggravated vehicular assault is a class C felony.