Vehicular Homicide Attorney in Middlesex County

South Brunswick NJ Vehicular Homicide Defense Attorney

Lawyers for Death by Auto in Middlesex County, New Jersey

If you have been charged with vehicular homicide in New Jersey, you need an experienced criminal defense attorney who will fight to protect your innocence. The criminal and DWI defense lawyers at the Law Offices of William Proetta Criminal Law represent individuals and their loved ones who have been charged with aggravated assault, assault by auto, underage DWI, and death by auto, which is commonly known as vehicular homicide, throughout Middlesex County including in East Brunswick, Old Bridge, Spotswood, Monroe Township, and Woodbridge. With the potential for significant prison time, vehicular Homicide is obviously a very serious charge and it is in your best interests to contact a seasoned criminal defense attorney who understands the criminal court system in NJ. Our attorneys will work diligently to devise the most compelling defense, and if necessary, will work closely with the prosecutor to negotiate an arrangement in your favor. Please contact our office conveniently located in Edison at 732-659-9600 any time to build a case strategy customized to meet your needs.

N.J.S.A. 2C:11-5 Vehicular Homicide in New Jersey

N.J.S.A. 2C:11-5 outlines Death by Auto charges which provides in pertinent part:

§ 2C:11-5. Death by auto or vessel

a. Criminal homicide constitutes vehicular homicide when it is caused by driving a vehicle or vessel recklessly.

Proof that the defendant fell asleep while driving or was driving after having been without sleep for a period in excess of 24 consecutive hours may give rise to an inference that the defendant was driving recklessly. Proof that the defendant was driving while intoxicated in violation of R.S. 39:4-50 or was operating a vessel under the influence of alcohol or drugs in violation of section 3 of P.L. 1952, c. 157 shall give rise to an inference that the defendant was driving recklessly. Nothing in this section shall be construed to in any way limit the conduct or conditions that may be found to constitute driving a vehicle or vessel recklessly.

b. Except as provided in paragraph (3) of this subsection, vehicular homicide is a crime of the second degree.

(1) If the defendant was operating the auto or vessel while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration at or above the prohibited level as prescribed in R.S. 39:4-50, or if the defendant was operating the auto or vessel while his driver’s license or reciprocity privilege was suspended or revoked for any violation of R.S. 39:4-50, section 2 of P.L. 1981, c. 512, by the Director of the Division of Motor Vehicles pursuant to P.L. 1982, c. 85, or by the court for a violation of R.S. 39:4-96, the defendant shall be sentenced to a term of imprisonment by the court. The term of imprisonment shall include the imposition of a minimum term. The minimum term shall be fixed at, or between, one-third and one-half of the sentence imposed by the court or three years, whichever is greater, during which the defendant shall be ineligible for parole.

(2) The court shall not impose a mandatory sentence pursuant to paragraph (1) of this subsection unless the grounds therefore have been established at a hearing. At the hearing, which may occur at the time of sentencing, the prosecutor shall establish by a preponderance of the evidence that the defendant was operating the auto or vessel while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or with a blood alcohol concentration at or above the level prescribed in R.S. 39:4-50 or that the defendant was operating the auto or vessel while his driver’s license or reciprocity privilege was suspended or revoked for any violation of R.S. 39:4-50, section 2 of P.L. 1981, c. 512, by the Director of the Division of Motor Vehicles pursuant to P.L. 1982, c. 85, or by the court for a violation of R.S. 39:4-96. In making its findings, the court shall take judicial notice of any evidence, testimony or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information.

(3) Vehicular homicide is a crime of the first degree if the defendant was operating the auto or vessel while in violation of R.S. 39:4-50 or section 2 of P.L. 1981, c. 512 while:

(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b) driving through a school crossing as defined in R.S. 39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(c) driving through a school crossing as defined in R.S. 39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L. 1987, c. 101 (2C:35-7) may be used in a prosecution under subparagraph (a) of this paragraph.

It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of this paragraph that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of this paragraph that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

(4) If the defendant was operating the auto or vessel in violation of R.S. 39:4-50 or section 2 of P.L. 1981, c. 512, the defendant’s license to operate a motor vehicle shall be suspended for a period of between five years and life, which period shall commence upon completion of any prison sentence imposed upon that person.

c. For good cause shown, the court may, in accepting a plea of guilty under this section, order that such plea not be evidential in any civil proceeding.

d. Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for aggravated manslaughter under the provisions of subsection a. of N.J.S.A. 2C:11-4.

e. Any person who violates paragraph (3) of subsection b. of this section shall forfeit the auto or vessel used in the commission of the offense, unless the defendant can establish at a hearing, which may occur at the time of sentencing, by a preponderance of the evidence that such forfeiture would constitute a serious hardship to the family of the defendant that outweighs the need to deter such conduct by the defendant and others. In making its findings, the court shall take judicial notice of any evidence, testimony or information adduced at the trial, plea hearing, or other court proceedings and shall also consider the presentence report and any other relevant information. Forfeiture pursuant to this subsection shall be in addition to, and not in lieu of, civil forfeiture pursuant to chapter 64 of this title.

As used in this section, “auto or vessel” means all means of conveyance propelled otherwise than by muscular power.

Degrees and Penalties for Death by Auto in New Jersey

Typically, death by auto is classified as a second degree crime in New Jersey, which means a conviction may result in between 5 and 10 years of imprisonment and a fine of up to $150,000. However, a vehicular homicide charge may be enhanced to a first degree crime if it occurs in a school zone or at a school crossing. This applies even if the defendant was unaware they were within 1,000 feet of school property and regardless of whether or not there were juveniles present at the time of the offense. A first degree charge for vehicular homicide is punishable by between 10 and 20 years in state prison. Both degrees of death by auto entail a presumption of incarceration, which means individuals charged with this crime are exposed to mandatory prison sentences, even if they have no criminal history.

It is important to note, people accused of reckless driving that leads to death in New Jersey are often faced with additional legal action through civil litigation. Victims families have the right to pursue damages against the driver, which can be devastating financially.

Contact Edison NJ Death by Auto Defense Lawyers for Immediate Assistance

As you can clearly see, vehicular homicide and death by auto in New Jersey is quite serious and hinges upon the recklessness of the driver. As such, reckless driving traffic summonses often accompany vehicular homicide criminal charges. When death by auto cases arise out of drunk driving accidents, the drivers are usually charged with Driving While Intoxicated in Middlesex County, another very serious offense. The criminal defense attorneys attorneys at the Law Offices of William Proetta Criminal Law take these charges very seriously and will work hard to assist you in your legal matters. Call us for a free consultation at (732) 659-9600. We are also available to meet with you at our convenient Edison office location.