Under MCA § 45-5-205(1), the crime of “negligent vehicular assault” requires proof that a person negligently operates a vehicle, other than a bicycle, while under the influence of alcohol or drugs, and who causes bodily injury to another commits the offense of negligent vehicular assault. The standard jury instruction for negligent vehicular assault can be found at MCJI 5-112.
The crime involves a showing that the person was driving while under the influence of alcohol or drugs as provided in MCA § 61-8-401(1).
Greg Beebe represents clients charged with DUI and negligent vehicular assault in Montana. His offices are located in Helena and he represents clients throughout Lewis and Clark County and Jefferson County. Greg Beebe also serves clients charged with DUI and negligent vehicular assault throughout courthouses in the surrounding counties including Teton County, Cascade County, Meagher County, Broadwater County, Powell County and Flathead County.
Elements of Negligent Vehicular Assault in Montana
The elements of negligent vehicular assault require proof the following elements:
- That the Defendant operated a vehicle, other than a bicycle;
- That when operating the vehicle, Defendant was under the influence of alcohol or drugs;
- That the Defendant’s conduct while operating the vehicle was the cause of bodily injury to the alleged victim; and
- That the Defendant acted negligently.
Penalties for Negligent Vehicular Assault in Montana
Under MCA § 45-5-205(2), the penalties for negligent vehicular assault in Montana is up to one year in the county jail and a $1,000 fine. The court can also order that restitution is paid as provided in 46-18-241.
Under MCA § 45-5-205(3), the punishment is enhanced when a person convicted of negligent vehicular assault causes serious bodily injury to another. In that case, the penalty is up to 10 years in prison and a fine not to exceed $1,000.
For felony negligent vehicular assault, the court may suspend the term of incarceration after the payment of any fine and restitution is paid. If the person does not pay the fine or restitution, the term of incarceration may be imposed.
