Strict Liability Vehicular Homicide Attorney in Monmouth County NJ
Have you been involved in a motor vehicle accident that resulted in the death of another in New Jersey? Was it alleged that you were under the influence of alcohol or drugs at the time of the accident? If so, we strongly recommend that you contact an attorney immediately to discuss your options. Traditionally, anybody alleged to have been involved in a motor vehicle accident where alcohol and/or drugs were involved and another died as a result, they would be charged with either death by auto or even aggravated manslaughter if the facts were egregious enough. Under those statutes, simply proving that the individual was under the influence of drugs and/or alcohol at the time of the accident was not enough to obtain a conviction, as it did not necessarily prove that the individual was acting recklessly. So, after several high profile cases resulted in not guilty verdicts, the legislature in New Jersey decided to enact a new law, known as Strict Liability Vehicular Homicide caused by driving while intoxicated or under the influence. Pursuant to NJSA 2C:11-5.3, which was enacted in July of 2017, anyone involved in a motor vehicle accident where alcohol and/or drugs were involved and another died as a result, they could be charged with strict liability vehicular homicide. Meaning, that simply establishing that the individual was under the influence of drugs and/or alcohol at the time of the accident would be enough to obtain a conviction under this offense. For more information on this offense, please see below.
Charged with Strict Liability Vehicular Homicide in New Jersey?
If you or a loved one has been charged with strict liability vehicular homicide, death by auto, assault by auto, leaving the scene of a fatal accident, eluding, driving while intoxicated or driving under the influence of drugs in Monmouth County, the Keith Oliver Criminal Law can help. Our attorneys are well aware of what a conviction for this type of offense can do to someone’s life, as such we are dedicated to aggressively challenging the evidence in order to obtain a favorable outcome for our clients. Our office is a Monmouth County based criminal defense firm and we serve the entire county, including towns like Howell, Eatontown, Tinton Falls, Colts Neck, Holmdel, Hazlet, Freehold, Middletown, Wall Township, Ocean Township and Asbury Park. If you would like to set up a free initial consultation today with one of our Monmouth County criminal defense firms, then please contact our Middletown office at 732.858.6959. As always, our initial consultations are free of costs, so if you have any questions whatsoever, please do not hesitate to contact us.
Middletown NJ Strict Liability Vehicular Homicide Defense Lawyer
or purposes of this offense, the Defendant’s act of operating a motor vehicle while intoxicated in violation of NJSA 39:4-50 will be considered “the cause of death” when:
- The operation of the motor vehicle or vessel is an antecedent but for which the death would not have occurred; and
- The death was not:
- Too remote in its occurrence as to have a just bearing on the defendant’s liability; or
- Too dependent upon the conduct of another person which was unrelated to the defendant’s operation of a motor vehicle or vessel as to have a just bearing on the defendant’s liability.
It is important to note here that it will not be considered an affirmative defense that the decedent contributed to his/her own death by reckless or negligent conduct or operation of a motor vehicle or vessel.
Is there Jail time for a Strict Liability Vehicular Homicide Charge in NJ?
Pursuant to NJSA 2C:11-5.3, strict liability vehicular homicide is a third degree indictable offense. If convicted, a Defendant would be facing anywhere from three to five years in State Prison and a fine up to $15,000. However, the standard presumption for non-incarceration for third degree felony offenses pursuant to NJSA 2C:44-1 does not apply to this offense. In addition, prosecution under this offense does not preclude the State from prosecuting a Defendant on vehicular homicide or aggravated manslaughter charges as well.
Freehold NJ Strict Liability Vehicular Homicide Attorneys
If you are facing criminal charges for a vehicular homicide or any other offense for that matter in Monmouth County, the Keith Oliver Criminal Law can help. Our office has been zealously defending those accused of serious crimes in courts throughout Monmouth County for the better part of the last decade. If you would like to set up an in depth consultation with one of our attorneys, then please contact our Middletown office at 732.858.6959 or you can try contacting us online. We serve all of Monmouth County, including towns like Hazlet, Manalapan, Marlboro, Little Silver, Ocean Township, West Long Branch, Belmar and Manasquan. If you have any questions, please do not hesitate to contact us.