New York Law (NYLE) Practice Exam

A charge of vehicular assault in the second degree may arise from any of the following activities, except?

1. Driving a boat while under the influence of drugs

2. Driving a snowmobile while intoxicated

3. Driving an all-terrain vehicle while texting

4. Driving a motor vehicle while talking on a cell phone

The correct answer is: Driving a motor vehicle while talking on a cell phone

The correct answer is that a charge of vehicular assault in the second degree does not arise from driving a motor vehicle while talking on a cell phone. This is because, in the context of the law, vehicular assault typically involves the operation of a vehicle in a manner that is substantially impaired due to intoxication or recklessness, leading to the risk of injury to another person. While distracted driving, such as talking on a cell phone, can lead to criminal charges or civil liability, it is generally associated with less severe legal consequences compared to activities involving impaired driving due to alcohol or drugs. In New York, activities such as driving a boat or snowmobile while under the influence do directly relate to vehicular assault, as these vehicles can cause significant harm and are subject to laws governing impaired operation. In contrast, while driving a motor vehicle while talking on a cell phone is dangerous and can lead to accidents, it does not inherently involve the same level of impairment that is associated with driving under the influence of substances, which is a key factor in vehicular assault cases. Thus, it is not regarded in the same category as actions that would typically constitute vehicular assault.