If you have been arrested for assault by auto or vehicular homicide, it is imperative to consult a seasoned New Jersey DWI attorney. These charges are extremely serious and have the potential to turn your entire life upside down.
9-Year-Old Girl Recently Killed in Drunk Driving Accident
Three days after Thanksgiving, a 9-year-old girl in New Jersey was killed in a car accident allegedly caused by her father’s drinking and driving. The father, 37, was driving north on I-295 in Burlington country when he hit the rear passenger side of another car in the center lane. After hitting the car, the man’s car veered off the road and crashed into some trees. The 9-year-old girl was ejected from the vehicle and her body was found in the woods. According to law enforcement, the man had consumed multiple drinks prior to the crash and was erratically weaving in and out of traffic at the time of the wreck. He has been charged with third-degree assault by auto, second-degree vehicular homicide and two counts of second-degree endangering the welfare of a child.
Third Degree Assault by Auto
Assault by auto occurs when you cause bodily injury (i.e., pain, illness, impairment, etc.) through reckless driving. Driving while intoxicated falls within the scope of “reckless” driving. You can be charged with third degree assault by auto when the accident resulted in serious bodily injury and either: you were driving while intoxicated or you were driving aggressively toward another vehicle. A person found guilty of third degree assault by auto could face a prison sentence of 3-5 years and fines totaling $15,000.
Second Degree Vehicular Homicide
Vehicular homicide occurs when one person causes the death of another person by driving a motor vehicle recklessly. The vehicular homicide statute does not limit the definition of “reckless driving” to any particular circumstances. Whether the conduct was reckless will be based on the circumstances of each case. Under New Jersey law, however, a person driving under the influence of alcohol or drugs would be sufficient to show that a defendant was driving recklessly. This is a serious crime punishable by 5 to 10 years in prison, as well as a fine of up to $150,000.
Defending Criminal Charges
Just because you have been charged with assault by auto or vehicular homicide does not automatically mean you are guilty. The prosecutor has the burden of proving your guilt beyond a reasonable doubt, the highest evidentiary standard in the legal system. You can rest assured that we will examine every detail of your case and challenge the evidence against you to help obtain the best possible result. For example, we may be able to argue that your blood alcohol content was not measured properly if we can point to a problem with the testing equipment or procedure.
Talk to a Trusted New Jersey DWI Attorney Today
If you have been charged with assault by auto or vehicular homicide, it is imperative to retain an experienced New Jersey criminal defense attorney. These charges carry extremely serious penalties that should not be taken lightly. Our seasoned DWI attorneys understand the nuances of this area of law and are committed to building the strongest possible case for each and every one of our clients. We take great pride in making our clients our top priority. For more information, call us at 877-450.8301 or contact us online.
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