Racing on a Highway Charges

**iggy** · 10-03-2010, 12:48 PM

My question involves criminal law for the state of: ky

What could be potential charges for a driver who was racing on a highway, crashed, causing injuries to 3 passengers, 1 kind of seriously?

We've read about reckless driving but don't see anything mentioning injuries with that...?

**free9man** · 10-03-2010, 02:19 PM

The driver could be charged with reckless driving, of course. I do not see an actual "racing" enhancement or charge but KY's statute search capability is kinda wonky. It's also possible assault charges could be brought, and if the seriously injured person dies homicide or manslaughter charges could be added.

This person needs an experienced criminal defense attorney.

**iggy** · 10-03-2010, 05:01 PM

Quoting free9man

I do not see an actual "racing" enhancement or charge

I found krs 189.505...racing, it's separate from reckless driving but still nothing about injuries...

Assault...really?

**free9man** · 10-03-2010, 05:09 PM

Quoting iggy

I found krs 189.505...racing, it's separate from reckless driving but still nothing about injuries...

Assault...really?

Then the driver can probably be charged with both. Assault requires causing injury through the reckless use of a deadly weapon or dangerous object. Well, that's a paraphrase of it. But the argument can easily be made that an automobile is a dangerous object, as it can cause serious harm. Some states have specific assault charges for incidents involving autos or clearly define use of an automobile as an offense for purposes of charging someone with assault.

**iggy** · 10-04-2010, 04:04 AM

What sort of degree of assault do you think, given it's an accident? We can't see any specific mention of cars anywhere under assault. Could the driver be looking at prison time over this?

**free9man** · 10-04-2010, 05:30 AM

The assault statutes refer to the use of a dangerous instrument,as a I said, and the argument can be made that a car meets that description. Was the person racing? If so, the accident defense goes out the window since the driver was operating their vehicle in a reckless manner. Could they be looking at prison time? Sure but its hard to tell. If everyone that was injured lives, and there hasn't been a problem with racing in the area, it's minimal. If anyone dies, or racing has been a big problem in the area, the prosecutor will be after the driver's head.

Get...an...attorney.

**iggy** · 10-04-2010, 06:38 AM

Quoting free9man

The assault statutes refer to the use of a dangerous instrument,as a I said, and the argument can be made that a car meets that description.

I guess I'm just tryin to figure out how things like intention and serious injury are defined...

Quoting free9man

Was the person racing?

So says a witness...

No-one's gonna die. And full recovery expected. There's not a big problem with racing.
The driver will get...an...attorney.

Thanks.

**Who'sThatGuy** · 01-30-2011, 11:07 PM

The driver should hope for

508.030 (b) Assault in the fourth degree which is a Class A misdemeanor and punishable by 12 months in jail and a fine of $500.00

or

508.070 Wanton endangerment in the second degree which is a Class A misdemeanor and punishable by 12 months in jail and a fine of $500.00

and pray that a charge of

508.010 (b) Assault in the first degree which is a Class B felony and punishable by 10 to 20 years in state prison and a fine of $10,000

or

508.060 Wanton endangerment in the first degree which is a Class D felony and punishable by 1 to 5 years in state prison and a fine of $10,000