New York Law (NYLE) Practice Exam

A charge of vehicular assault in the second degree does NOT arise from which of the following activities?

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

Vehicular assault in the second degree, as defined under New York law, specifically pertains to incidents involving the operation of a motor vehicle where the driver causes serious physical injury to another person. The key factor is whether the activity involves operating a "motor vehicle" as per the legal definition used in New York statutes. In this context, driving a motor vehicle while talking on a cell phone does not inherently involve actions that would lead to an assault charge unless it directly results in serious physical injury to another person. Merely using a cell phone while driving is viewed as distracted driving but does not in itself lead to a charge of vehicular assault unless there is an accident and resultant injury. On the other hand, activities involving a boat or snowmobile while under the influence (like driving a boat while under the influence of drugs or driving a snowmobile while intoxicated) or operating an all-terrain vehicle while texting are formally recognized as actions that could lead to charges of vehicular assault in the second degree, especially if they cause serious physical harm. Such activities fall under regulations pertaining to operators of vehicles defined as "motorized" under New York law but not specifically limited to conventional motor vehicles like cars. Thus, the engagement with a cell phone while operating a motor