Delaware Code
11 Del. C. § 628A (2026)
Vehicular assault in the second degree; class A misdemeanor
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A person is guilty of vehicular assault in the second degree when:
(1) While in the course of driving or operating a motor vehicle, the person’s criminally negligent driving or operation of said vehicle causes serious physical injury to another person; or
(2) While in the course of driving or operating a motor vehicle and under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person’s negligent driving or operation of said vehicle causes physical injury to another person.
Vehicular assault in the second degree is a class A misdemeanor.
63 Del. Laws, c. 88, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 333, § 5; 75 Del. Laws, c. 315, § 7; 78 Del. Laws, c. 168, §§ 1, 2;Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2021–2021 · leading case: Buford v. Ligon, Jr., No. K17C-08-031 NEP (Del. Super. Ct. Nov. 30, 2021).
Buford v. Ligon, Jr., No. K17C-08-031 NEP (Del. Super. Ct. Nov. 30, 2021). “Counsel for Ligon was aware that the State was charging Ligon with DUI, should have been aware of the statutory provisions in 11 Del C. § 628A, and thus should have been prepared for a possible re-indictment based on the alcohol factor.”
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