NJ Vehicular Homicide Lawyers

Being charged with vehicular homicide in New Jersey can be scary and overwhelming. But having an experienced criminal defense attorney on your side can make all the difference. Vehicular homicide laws in New Jersey are complex. There are different charges with different penalties, and many technical legal defenses. This article will break it all down in simple terms, so you can understand your options and next steps if you or a loved one is facing charges.

What is Vehicular Homicide in New Jersey?

Vehicular homicide refers to causing the death of another person through the reckless operation of a vehicle. It includes charges like:

• Death by Auto
• Aggravated Manslaughter
• Reckless Vehicular Homicide

The main distinction between these charges is the level of recklessness involved. For example, simple "recklessness" is required for Death by Auto. But Aggravated Manslaughter requires a higher level of recklessness that shows "extreme indifference to human life."

Penalties for Vehicular Homicide in NJ

Like most crimes, the penalties for vehicular homicide depend on the specific charge. They can include:

• Jail time from 3 to 30 years
• Fines up to $150,000
• Loss of license from 1 to 10 years
• Community service

In addition to criminal penalties, a civil wrongful death lawsuit is likely. This can result in having to pay monetary damages to the victim's family.

Common Defenses for Vehicular Homicide

There are many potential defenses to vehicular homicide charges. A skilled lawyer will look at the details of your case to build the strongest defense. Some common defenses include:

• No recklessness - For example, a medical episode caused the accident.
• No causation - Something else actually caused the victim's death.
• No death - The victim did not actually die from the accident.
• Invalid traffic stop - Evidence was obtained illegally by police.

Finding the Right Vehicular Homicide Lawyer in NJ

The stakes are high, so it's critical to have an experienced attorney fighting for you. Look for a lawyer who:

• Focuses specifically on vehicular crimes
• Has a proven track record of positive case results
• Will thoroughly investigate your case
• Communicates clearly and listens to your needs
• Understands the complexities of NJ vehicular homicide laws

A dedicated lawyer will look at every angle of your case to build the strongest defense. They will also advocate for the least serious charges and penalties.

Getting Legal Help Now

Don't go through this alone. The sooner you contact a vehicular homicide attorney, the sooner they can start protecting your rights. Many offer free consultations, so you can get expert advice on your options right away. While a vehicular homicide charge is scary, an experienced lawyer can help you understand the process and build your defense. There is hope, and skilled legal help can make all the difference.

Overview of Relevant New Jersey Vehicular Homicide Laws

There are several key vehicular homicide laws in New Jersey that criminal defense lawyers need to understand thoroughly in order to defend clients facing charges. Here is an overview:

Death by Auto - N.J.S.A. 2C:11-5

This law prohibits causing the death of another person by driving a vehicle recklessly. "Recklessness" means consciously disregarding a substantial risk of death or serious injury to others. Penalties include:

• 3 to 5 years in prison
• Fines up to $15,000
• Loss of license for 1 year

Aggravated Manslaughter - N.J.S.A. 2C:11-4a

This charge requires showing "extreme indifference to human life" in the operation of a vehicle. It is more serious than Death by Auto. Penalties include:

• 10 to 30 years in prison
• Fines up to $150,000
• Loss of license for 10 years

Strict Liability for DWI - N.J.S.A. 2C:11-5.3

If someone dies while a driver is intoxicated, they can be charged with vehicular homicide regardless of actual recklessness. There is no need to prove recklessness if the driver was over the legal BAC limit.

Case Studies and Examples

State v. Jamerson

In this case, the defendant was texting while driving and struck another vehicle, killing its driver. She was convicted of reckless vehicular homicide based on choosing to text while driving. Evidence of texting showed adequate "recklessness."

State v. Carrero

Here, the defendant was drag racing when he struck and killed a pedestrian. He was charged with aggravated manslaughter because drag racing showed "extreme indifference to human life." The harsher charge and penalties were upheld.

State v. Scherzer

This case involved a driver who killed a cyclist while reaching for a water bottle. The court found this action did not meet the "recklessness" standard for vehicular homicide, and the charges were dismissed.

Conclusion

Vehicular homicide cases require in-depth knowledge of New Jersey laws and court precedents. An experienced criminal defense lawyer will thoroughly examine the evidence and circumstances to build the strongest defense for your specific case. If you or a loved one is facing vehicular homicide charges, don't go it alone. Contact a dedicated NJ lawyer today to discuss your legal options and next steps.

Sources

New Jersey Vehicular Homicide Defense Attorney Manual on NJ Sentencing Law New Jersey Vehicular Manslaughter Attorney New Jersey Vehicle Homicide Attorneys New Jersey Death by Auto Law New Jersey Vehicular Homicide Lawyer