Elderly Driver Tries to Flee the Scene of an Accident After Striking a Pedestrian

New Jersey drunk driving laws are among the strictest in the country. If you have been arrested or charged with driving while intoxicated (DWI), our skilled New Jersey DWI attorneys have the requisite experience to defend you and seek the best possible results in your case. With extensive knowledge about this area of law, we are committed to providing reliable and honest legal advice every step of the way.

A 66-year-old man was recently charged with a DWI as well as second and third-degree Assault by Auto in Hoboken. The charges were brought after the man tried to flee the scene of a fender bender and drove onto the sidewalk, striking a pedestrian. According to law enforcement, the initial accident took place around three in the afternoon after which the driver attempted to leave the scene, hitting a pedestrian before hitting a building. The pedestrian was a 56-year-old man from Brooklyn who had been standing by a stop sign; he was seriously injured as a result of the crash. The investigation is currently ongoing.

In New Jersey, a person can be charged with a DWI when he or she operates a motor vehicle under the influence of alcohol or drugs. The legal limit for alcohol-related intoxication in New Jersey is 0.08 percent blood alcohol concentration (BAC). Even if you were not officially over the legal limit, prosecutors can use performance on field sobriety tests or other officer observations to show that your ability to drive was compromised.

In the aforementioned case, the driver was charged with both second and third-degree Assault by Auto. Assault by Auto takes place if a person drives a vehicle recklessly and causes serious bodily injury to another person. If a person commits Assault by Auto by driving while drunk, the individual will be charged with a third or fourth-degree crime. A third-degree Assault by Auto involving a DWI can be enhanced to a second-degree crime when a wreck and injury takes place within a school zone. This is a significant upgrade that can have very serious consequences for your case since a second-degree Assault by Auto conviction carries 5-10 years in state prison.

It is important to note that just because you have been charged with DWI and/or Assault by Auto does not automatically mean that you are guilty. In every criminal case, the burden of proof is on the prosecutor to establish each element of the offense “beyond a reasonable doubt,” which is the highest evidentiary standard in the legal system. You can trust that we will examine any and all relevant defenses in your case and poke holes in the prosecution’s case whenever possible.

A DWI conviction can have potentially life-altering consequences for a person, which is why such a charge should never be taken lightly. If you or someone close to you has been arrested for a DWI, Assault by Auto or for a DWI in a school zone –  it is imperative to consult a diligent and hard-working New Jersey DWI attorney who can help. You can rest assured that we have the legal skills and experience to safeguard your rights throughout the entire legal process. To speak to a skilled legal advocate about your case today, please call us at 877-450-8301 or contact us online.