Whether it a minor accident or one more serious, a motorist has an obligation to remain at the scene of the accident or they may open themself up to “hit and run” liability. This liability can be significantly more serious if the fleeing driver was intoxicated. If you have been arrested for drunk driving, whether you left the scene or not, we can help. Our New Jersey DWI attorneys will vigorously advocate for your rights and try to get you the best possible results in your case.
An off-duty New Jersey state trooper helped nab a drunk driver trying to escape the scene of an accident on foot. Law enforcement said the 44-year-old driver was drunk when his car sideswiped a van. The individuals in the van were not injured. Immediately after the crash and without warning, the driver ran from the scene. At that time, the off-duty trooper who had witnessed the accident got out of his own vehicle and chased the impaired driver, catching the driver and holding him until police arrived.
Fleeing the Scene of an Accident While Under the Influence
Under New Jersey law, if you are involved in a wreck, you are required by law to remain at the scene of any accident where there is property damage, injury or death until you have exchanged identifying information with the other parties involved in the accident. In addition, if injury, death or more than $500 worth of property damage occurs as a result of an accident – an official police report must be filed.
Many times, a person who attempts to flee the scene of an accident does so because he or she is in violation of some other law (i.e., a drunk driving law, driving with a suspended license, etc.). In New Jersey, the basic offense of driving while intoxicated (DWI) takes place when a person operates a motor vehicle with a blood alcohol content of 0.08 percent or higher.
Hit and run accidents, particularly those caused by driving under the influence, can carry very serious penalties. While it may be tempting to flee in that situation, the reality is that trying to evade responsibility can have much more serious consequences in the long run. On top of a DWI charge, other charges that a person who flees the scene of an accident may face include reckless driving, failing to stop or render aid, aggravated assault by auto and even vehicular manslaughter.
Potential Defense Strategies
Just because you have been charged with DWI and/or hit and run does not mean you are automatically guilty. We will examine your case and employ and use any defenses that may be applicable. For example, if you did not know that the collision caused injury or property damage, you may not have known to remain at the scene. Alternatively, if it was an emergency situation (i.e., you were rushing to the hospital because your partner had a heart attack), you could have believed that your emergency was more urgent than the accident.
Reach a Trusted New Jersey DWI Attorney
If you have been charged with a DWI, we can help, even if you have been accused of fleeing the scene. Whether it is your first DWI or subsequent offense, our seasoned New Jersey DWI attorneys are committed to helping you obtain the best possible result for your case. We understand that every case is unique, which is why we proudly provide personalized representation in every case. Call us today at 877-450.8301 or contact us online.
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