Assault by Auto

April 14, 2021

New Jersey Court Discusses Warrantless Blood Draws in DWI Cases

Generally, the police need a warrant to search a person, and searches conducted without a warrant are often unconstitutional. The courts have determined that blood draws in DWI cases constitute searches, and absent exigent circumstances, compulsory blood tests without warrants are impermissible. If the police take a blood sample from a person without a warrant or permission, it could result in a reversal of a DWI conviction based on the blood test, as demonstrated in a recent New Jersey ruling. If you are accused of a DWI crime, it is prudent to speak to an assertive New Jersey DWI defense lawyer to gauge your options.

The Defendant’s Charges

It is reported that the defendant struck a pedestrian after he was drinking at a bar. He immediately stopped, but the victim ultimately died due to the injuries sustained in the accident. When the police arrived at the scene, they described it as chaotic and found the defendant to be agitated and argumentative. He was taken to the police station, where he refused to submit to a field sobriety test. The police did not attempt to obtain a breath sample but placed the defendant under arrest and transported him to the hospital for a blood draw.

Allegedly, the defendant originally was uncooperative and asked to make a phone call, but his request was denied. He ultimately signed a consent form and gave a blood sample. He was charged with multiple offenses, including DWI and vehicular homicide. He moved to have the results of his blood draw suppressed, but his motion was denied. He pleaded guilty, and after his sentencing, he appealed. Continue reading

August 21, 2019

Father Pleads Guilty in Tragic Drunk Driving Accident that Killed his Daughter

by Jonathan F. Marshall

Most people are familiar with basic drunk driving laws in New Jersey, but are far less knowledgeable about what happens if you are caught driving while intoxicated (DWI) with a minor in tow. This is an extremely serious offense with deliberately harsh penalties. If you have been arrested or charged with drunk driving and you had a minor in the vehicle, you need our help. Our New Jersey DWI attorneys understand how serious these charges are and also know how to handle them.

A man from Elizabeth recently pled guilty to a drunk driving accident that killed his daughter last year. In November 2018, police were called regarding a car accident on 1-295 north. Upon arrival, they discovered a man’s Ford Focus in the grass beyond the right shoulder. His 9-year old daughter had been tossed from the vehicle into a wooded area and suffered deadly injuries. The man and a younger daughter, who was also in the vehicle at the time of the accident, were not seriously hurt. The man allegedly consumed multiple alcohol beverages at an establishment before driving. His blood alcohol content (BAC) was determined to be double the legal limit. Prosecutors say that the 38-year old man pled guilty to one count of vehicular homicide, one count of endangering the welfare of a child and driving while intoxicated.

There are typically two kinds of charges that can result when a minor is in the car during a DWI arrest. N.J.S.A 39:4-50:15 makes driving with a minor (17 years of age or younger) in the car a disorderly persons offense and calls for additional criminal penalties for drivers who are found guilty of a DWI with a minor present. These penalties include possible jail time, up to six months of license suspension, fines up $1,000 and no more than five days of community service. It is important to note that these are penalties on top of the serious penalties you would be facing for a DWI in the first place.

June 19, 2019

MIT Student Home for Summer Killed by Alleged Drunk Driver in Old Bridge

by Jonathan F. Marshall

Driving while intoxicated (DWI) is a serious offense in New Jersey and it is even more problematic if someone gets hurt. If a person is injured or killed because of a drunk driver, that driver will be charged with assault by auto, which is an extremely serious criminal charge. An arrest for assault by auto should be handled properly from the get-go. No one understands this better than our experienced New Jersey DWI attorneys. We will meticulously examine the facts of your case and help defend your rights at every stage of the legal process.

A 19-year-old MIT student, who was home in New Jersey for the summer, was recently killed in a head-on crash caused by a suspected drunk driver in Old Bridge. The teen, who was offered a full scholarship to both MIT and Yale University, had her promising future tragically cut short when the other driver traversed the double yellow lines at a high rate of speed and slammed into the her vehicle head-on. The MIT student was behind the wheel and her 15-year-old sister was in the car as a passenger at the time of the accident. Both of them were rushed to Robert Wood Johnson University Hospital in New Brunswick, where the older sister was pronounced dead. The passenger survived and was treated for her injuries. According to officials, the suspected drunk driver attempted to walk away from the scene of the crash but was apprehended by police while doing so. He now faces multiple charges including vehicular homicide, leaving the scene of an accident, assault by auto and DWI.

New Jersey law has specific provisions for assault cases involving automobiles. A person is typically charged with assault by auto when his or her reckless driving causes injury to another person. For behavior to be deemed ‘reckless,’ it must involve actions that show an extreme indifference to the welfare of others. Examples of reckless conduct include excessive speeding, driving under the influence of drugs and alcohol, or refusing to submit to a breath test. If an assault by auto charge involves driving under the influence of alcohol, the charge is much more serious. If an assault by auto case causes “serious bodily injury” to another person due to a DWI accident, the charge is a Third Degree criminal offense. In such cases, the defendant faces 5 to 10 years in jail.
Continue reading

April 25, 2019

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

by Jonathan F. Marshall

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.

February 20, 2019

Former Melrose Place Star Sentenced to 5 Years in Prison for Deadly DWI Crash in New Jersey

by Jonathan F. Marshall

An assault by auto charge can turn your entire life upside down. If you have been charged with assault by auto in the state of New Jersey, you need to consult a trusted and knowledgeable New Jersey DWI attorney who understands the specifics of this area of the law. With years of experience, we will diligently defend your rights and negotiate the best possible outcome in your case.

Former “Melrose Place” actress Amy Locane was recently sentenced to 5 years in prison for a DWI crash that killed a New Jersey woman in 2010. Locane was driving an SUV when she broadsided a car turning left into a driveway killing a 60-year-old woman who was a university adjunct professor. Sadly, by the time police arrived on the scene approximately five minutes later, the woman had no pulse. In other words, she died at the scene. Law enforcement officials claim they found Locane in a ditch giggling after the collision. At the time of the crash, Locane’s blood alcohol content (BAC) was determined to be .26 – about three times the legal limit. In addition, she was driving at approximately 53 mph in a 35 mph zone. She was charged with vehicular homicide and assault by auto as a result of the accident.

January 16, 2019

Assault by Auto and Vehicular Homicide Charges in New Jersey

by Jonathan F. Marshall

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.

October 10, 2018

New Jersey Woman Sentenced to Six Years for Drunk Driving Wreck That Killed a Man

by Jonathan F. Marshall

If you have been charged with death by auto or vehicular homicide, you probably understand the gravity of the situation. Understanding the charges you are facing is critical to deciding how to move forward. Our hard-working New Jersey DWI attorneys understand how to protect your rights when you are charged with such a serious crime. We are here to answer your questions and address your concerns every step of the way.

A New Jersey woman was recently sentenced to six years in state prison for a drunk driving accident that killed a 49-year-old man. The woman pled guilty to one count of second degree vehicular homicide and driving while intoxicated for hitting the victim, W.O., with her car and ultimately being the cause of his death. According to law enforcement, the woman was driving her Jeep Wrangler when she struck the victim, who worked for a private recycling company when the wreck took place. W.O. was rushed to the hospital where he was pronounced dead due to severe injuries sustained in the accident.

Second-Degree Vehicular Homicide in New Jersey

In New Jersey, an individual can be convicted of vehicular homicide for causing the death of another person by operating a vehicle recklessly. Reckless driving means that you drove with a conscious disregard for human life with a significant risk to the public. If the prosecution establishes certain circumstances under which the accident took place, the jury can infer that a defendant drove recklessly. One of these circumstances is if the driver got behind the wheel under the influence of alcohol or drugs then the jury can infer that he or she drove recklessly. In New Jersey, a person is driving while intoxicated (DWI) when he or she operates a motor vehicle with a blood alcohol content of 0.08 percent or higher.

May 30, 2018

Woman Charged with DWI After New Jersey Crash Causes a Child to be Ejected from Car

by Jonathan F. Marshall

DWI charges can have life-long consequences. These charges can be even more severe when they are coupled with other charges, such as operating a motor vehicle with a suspended license or assault by auto. If you have been charged with driving while intoxicated (DWI) in New Jersey, you need to reach out to a New Jersey DWI lawyer who can help. With years of experience, we know how to defend your case in an effective manner.

Last week, a woman was charged with a DWI after she crashed into the back of a car, causing a 12-year-old child in the back sear to be ejected from the car. The child, whose name was not released, had to be airlifted to St. Joseph’s Regional Medical Center in Paterson for serious injuries sustained in the crash. The driver of the vehicle who was rear-ended was not injured, and a third passenger suffered minor injuries.

Police say that the driver had a suspended driver’s license at the time of the accident. As a result, in addition to the DWI, she was charged with assault by auto, possession of a controlled dangerous substance, and causing severe bodily injury while operating a motor vehicle with a suspended license.

April 18, 2018

DWI Accidents Involving Bodily Injury in New Jersey

by Jonathan F. Marshall

Assault by auto is an extremely serious charge that can be even worse if you were under the influence of alcohol or drugs. If convicted, you could lose your job, not to mention jeopardizing your personal reputation. If you have been arrested for a DWI, you need to reach out to a skilled New Jersey DWI attorney who can help. We have extensive experience in defending DWIs and criminal charges, and we can apply our knowledge to your case.

Under New Jersey law, an individual is considered to be driving while intoxicated (DWI) when he or she is found to have a blood alcohol content (BAC) of 0.08 percent or higher. It is important to note that you can also be charged with a DWI if you are operating a motor vehicle under the influence of any drugs (illegal, over-the-counter, or prescription) that impair your ability to drive safely. According to the Centers for Disease Control and Prevention, nearly 10,000 Americans die in drunk driving accidents each year. In addition, nearly 200 of these deaths occur in New Jersey.

The law in New Jersey contains a specific provision that addresses assaults involving automobiles. When someone other than the accused drunk driver suffers injuries as a result of an accident caused by a DWI, the police may file a separate charge known as assault by auto. Unlike a DWI charge in New Jersey, which is a traffic violation instead of a criminal charge, assault by auto is a criminal charge. Assault by auto occurs if a person drives a vehicle recklessly and causes a bodily injury to another person. Bodily injury is defined as physical pain, illness, or any impairment of physical condition, and a serious bodily injury is a bodily injury that creates a substantial risk of death or serious, permanent disfigurement, or the protracted loss or impairment of the function of any bodily member or organ.

October 23, 2014

New Jersey Motorist Charged with Criminal DWI following Car-Semi Accident in Somerset County

by Jonathan F. Marshall

A news report earlier this month pointed up the danger of drinking and driving, not only in terms of legal liability, but especially due to the serious nature of accidents that can take place when operating a motor vehicle while possibly intoxicated due to alcohol or drugs. As Garden State DWI lawyers, my law firm is always ready to assist those motorists who have been accused of drinking and driving on New Jersey roadways. However, as drivers ourselves, we also know there are numerous risks associated with driving under the influence, many of which can be life-threatening.

That said, and while we in no way condone impaired driving, we do understand that some individuals can be fully unaware of their inebriation due to beer, wine or hard liquor, as well as possible impairment resulting from taking doctor-prescribed medications prior to getting behind the wheel. For those who believe they were unjustly charged with a DWI or drug DUI, my skilled legal team is available to help defendants fight those charges in a court of law.

Sadly, the reality of driving in New Jersey can mean that some people will be involved in a serious automobile or trucking-related accident as a result of some kind of impaired vehicle operation. From a legal standpoint, being charged with drunken driving following an injury-related roadway crash can often mean that the local prosecutor will consider other, more serious charges stemming from the accident itself.
Continue reading