Assault By Auto And Vehicular Homicide
Let’s begin with this simple premise — the New Jersey criminal justice system is intimidating and complicated and not something you should try to navigate on your own. I am an experienced New Jersey assault by auto attorney who can help you fight the serious charges against you. If you or a loved one has recently been charged with assault by auto, then you have already realized just how complex and serious the process can be. Working with an experienced New Jersey assault by auto attorney can help to fight the charges against you.
A New Jersey assault by auto charge is much more serious than your average DWI charge because of the fact that bodily injury is involved. Classified as a second- or third-degree felony, N.J.S.A. 2C:12-1c governs this type of criminal DWI charge. As with most charges that carry serious penalties, the state bears the burden of proving ALL of the elements in the charge against you. Here is what is required to successfully prove a New Jersey assault by auto charge:
- The driver was operating the vehicle at the time of the offense.
- The driver’s BAC was above the legal limit or otherwise impaired by drugs or alcohol.
- The driver caused the accident.
- The drunk driving accident caused injury to another.
As you can see from the assault by auto elements listed above, there are a lot of available defenses within each element that can serve to defeat the charge against you. The fines and penalties attached to a New Jersey assault by auto conviction increase depending on the circumstances of the DWI and the injuries to the victim. The state also applies specific penalties to criminal DWIs that take place in a school zone. For instance, a DWI in a school zone can result in a fine of up to $150,000 and five years in jail. Individuals convicted of this charge will almost always have to deal with an additional personal injury case. In addition to the primary penalties, the presence of a DWI on your record comes with a whole host of secondary penalties, including issues with your car insurance and job and housing applications. Get in touch with the Law Offices of Thomas Carroll Blauvelt, LLC, today!
The Law Offices of Thomas Carroll Blauvelt, LLC
I have been practicing law for over two decades. If you or a loved one is dealing with a New Jersey assault by auto charge, do not hesitate to get in touch with me. I can help you with all the charges against you and have the personality and professional background you want fighting for you. Do not accept the charges against you; give me a call today. Your initial consultation is always free and I am available 24/7 to answer any questions you have about the charges, penalties and available defenses. The sooner you act, the better. I look forward to speaking with you.
Not all New Jersey DWIs are the same. Instances in which a DWI will carry much stiffer penalties include multiple DWIs, high BAC levels and criminal DWIs when there are personal injuries or fatalities. Considered an indictable DWI, drunk driving contributes to most New Jersey assault by auto cases. N.J.S.A. 2C:12-1c defines the specific instances that lead to this charge. Considered a third-degree felony if there are bodily injuries as a result of the accident, this is a charge that you will have to answer to many years after all the fines and initial punishments are served.
To prove a New Jersey DWI assault by auto case, the prosecution must present the necessary evidence to show that:
- The defendant was operating the vehicle at the time of the offense.
- The defendant was above the legal limit or otherwise impaired by drugs or alcohol.
- The defendant caused an accident.
- The accident caused by the drunk driving caused serious injury to another.
A New Jersey criminal DWI is a serious charge, but as you can see from the list of factors above, the prosecution has a lot to prove to convict an individual. There are many viable defenses to a DWI assault by auto charge, such as failure to prove a necessary element of the charge, evidentiary issues (including preservation of the crime scene) and other issues. Working with an experienced New Jersey DWI attorney can help reduce or eliminate the charges against you.
The fines and penalties attached to a New Jersey DWI are serious and go up depending on the circumstances of the DWI. For instance, a DWI with minor injuries carries fines of up to $10,000 and up to 18 months in jail. A DWI with injuries that occurred in a school zone can see the fines skyrocket to $150,000 and state prison time of up to five years — in addition to having to deal with a criminal record if convicted. An assault with auto charge is not something you should ever accept; get in touch with the Law Offices of Thomas Carroll Blauvelt, LLC, today.
Contact The Law Offices of Thomas Carroll Blauvelt, LLC Today
I know what a frustrating time this is for you and your family. With over 25 years of experience dealing with all kinds of alcohol-related offenses, I have the experience you want fighting the serious charge against you. If you are dealing with a DWI charge that also involves minor or serious injury to another person, give the Law Offices of Thomas Carroll Blauvelt, LLC, a call today. I am available seven days a week and your initial consultation is always free. I am here to answer any questions you have about the charges against you and fight to get you the best results possible. I look forward to speaking with you.