Tenafly police charge man with vehicular assault for incident in gas line
By Travis Tormey posted in Assault and Threat Crimes on Thursday, November 8, 2012
Tenafly police arrested a man and charged him with assault by auto after he allegedly attempted to hit another man with his vehicle after a disagreement in the gas line. The defendant allegedly cut the gas line which caused other drivers to object and get out of their vehicles. Then, the man who cut the line allegedly ran into one of the objectors with his vehicle, injuring his leg. The defendant was arrested by police based on this incident and charged with vehicular assault. For additional information, see the article entitled, “Tenafly police make arrest stemming from gas incident.”
Assault by auto charges in New Jersey are governed by N.J.S.A. 2C:12-1(c) which provides in pertinent part:
§ 2C:12-1(c). Assault by Auto
(c) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.
(2) Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of 39:4-50 or 39:4-50.4a and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of 39:4-50 or 39:4-50.4a and bodily injury results.
(3) Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of 39:4-50 or 39:4-50.4a while:
(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(b) driving through a designated school crossing
(c) driving through a non-designated school crossing knowing that juveniles are present.
Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.
