New Jersey DWI Lawyer Blog
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.
New Jersey Assault by Auto Charges
A New Jersey assault by auto charge is much more serious than your typical DWI charge due to the fact that bodily injury is involved. In general, assault by auto requires showing that the victim suffered serious bodily injury because of the defendant’s reckless conduct. Under the law, a defendant driving under the influence of alcohol or drugs would be considered to have displayed “reckless conduct.” As with other types of criminal charges, the state has the burden of proving each of the following elements of the crime beyond a reasonable doubt:
- The driver was operating a motor vehicle at the time of the offense;
- The driver’s blood alcohol content (BAC) was above the legal limit (0.08 percent) or ability to drive was otherwise impaired by drugs or alcohol;
- The driver caused the accident; and
- The accident was a direct cause of bodily injury to another person.
Due to the many elements that must be proved by the state, there are many defenses that may be available in your case. We will go through your case with a fine-toothed comb to make sure we are using any and every relevant defense.
Hiring a Skilled New Jersey DWI Attorney
As assault by auto charge should not be taken lightly. If you or a loved one has been charged with assault by auto, it is vital to contact the aggressive legal advocates at our law firm. With years of experience, our skilled New Jersey lawyers will devise a comprehensive defense strategy to help minimize your chances of a conviction. These are extremely serious charges with severe penalties. Your future is much too important for you not to hire an experienced attorney. To find out more about how we can assist you, call us at 877-450.8301 or contact us online today.
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