AGGRAVATED ASSAULT BY AUTO. EXPERIENCED CRIMINAL LAWYER DEFENDS DWI DUI AND AGGRAVATED ASSAULT BY AUTO CHARGES
As a DWI or DUI lawyer it has been my experience that most adult drivers have a general understanding that if one ingests a few alcoholic drinks and/or a few opiate pills and gets behind the wheel of a motor vehicle on a public road, one could potentially have exposure, if convicted, for DWI (driving while intoxicated) or DUI (driving while under the influence). Every DWI or DUI attorney knows that N.J.S.A. 39:4-50 makes it a Title 39 driving offense to operate a motor vehicle on the public roads of New Jersey while intoxicated by either intoxicating liquors or hallucinogenic drugs, prescribed or recreational. As a practicing criminal attorney I can advise that if one has a prescription from a medical doctor for controlled dangerous substance CDS that has caused one’s impairment one is still prohibited from operating a motor vehicle while impaired. Attorneys make distinctions between criminal under the influence and driving while impaired. Lawyers should know that driving impaired is not necessarily criminal conduct but is always considered by prosecutors, who are also lawyers employed by the State and judges who are also attorneys employed by the State to constitute reckless conduct. lawyers and attorneys alike know that operating a motor vehicle while impaired is so dangerous as to constitute reckless conduct.
However, my experience as a criminal attorney has taught me that because most people are not criminal attorneys many adult drivers who are not lawyers do not understand one’s exposure if while one is operating his/her vehicle while intoxicated (impaired) by excessive alcohol consumption or by drug ingestion, one’s motor vehicle collides with another object under circumstances in which any of the occupants of any vehicle (involved in the collision) sustains serious bodily injury or bodily injury. Any experienced criminal lawyer knows that when an impaired driver operates his or her motor vehicle so as to cause it to collide with that of another and the collision causes the occupants to sustain serious bodily injury, the driver can be charged with the commission of a crime (in addition to DWI or DUI) known as aggravated assault by auto. If you are charged with assault by auto you need to retain a criminal lawyer to defend.
WHAT IS AGGRAVATED ASSAULT BY AUTO (WHEN CHARGED IN CONJUNCTION WITH) DWI OR DUI?
An attorney knows that in addition to being charged with DWI or DUI one can be charged with the criminal charge of aggravated assault by auto under N.J.S.A. 2C: 12-1(c). An experienced criminal lawyer knows that a person is guilty of assault by auto if he/she drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury. Any experienced criminal attorney will advise that driving while intoxicated or impaired is prima facie reckless conduct. Attorneys know that where DWI or DUI is proven and an impaired driver’s conduct results in serious bodily injury defendant has exposure for criminal prosecution.
WHAT IS CRIMINAL RECKLESS OPERATION OF A MOTOR VEHICLE?
An experienced attorney distinguishes criminal aggravated assault by auto from the traffic ticket version of reckless driving under N.J.S.A. 39:4-96. Criminal lawyers know that N.J.S.A. 2C:12-1(c) is an indictable criminal offense because adding the element of knowingly operating a motor vehicle while impaired heightens the degree of recklessness the driver has decided to engage in.
As an experienced criminal attorney, I know that the legal basis for criminalizing this conduct is that if the actor knew (before entering his/her vehicle) he/she was unable to safely operate his/her motor vehicle because he/she was impaired and got behind the wheel of a vehicle knowing there was an increased likelihood of a motor vehicle accident thereby, the act would be considered to be at least reckless, i.e., a deliberate disregard for a known risk of harm, bodily injury, serious bodily, death, etc… The lawyer representing a defendant charged with aggravated assault by auto must strive to show that defendant’s decision to operate his motor vehicle was less reckless than alleged. Maybe the lawyer hopes that defendant had reason to believe he or she was not impaired. Maybe the attorney hopes a true unexpected emergent event made driving a necessity.
As an attorney I need to advise that one need not have actually been at fault for the manner in which the collision occurred. One need only be in a motor vehicle accident in which any involved party sustains “serious bodily injury”.
So one element of this offense that the attorney must scrutinize is the driver’s level of impairment. The greater the level of impairment, the greater the likelihood that the driver knew or should have known, that it was dangerous to others around him/her to operate a motor vehicle under such circumstances. This is where a good DWI or DUI lawyer can really help. By challenging the reliability of any breath test results or lab report findings, an attorney might be able to successfully suppress that blood alcohol content BAC from being admitted into evidence on grounds that due to Alcotest machine error it is unreliable. Lawyers often retain expert witnesses to establish machine error or police procedural error.
A second element of this offense that a lawyer must scrutinize is the level of injury one causes to occupants of any of the motor vehicles and/or pedestrians involved in the motor vehicle accident. The task of an attorney with regard to this element is to play with the standard of bodily injury versus serious bodily injury in an effort to obtain a downgrade to the charges.
The offense is graded as a fourth degree crime if the operator of the motor vehicle is legally impaired and “bodily injury results”. The driver’s exposure if convicted, would be a monetary penalty up to $10,000.00 plus up to eighteen (18) months possible jail time plus a criminal conviction/record.
The offense is graded as a third degree crime if the operator of the motor vehicle is legally impaired and “serious bodily injury results”. The driver’s exposure if convicted, would be a monetary penalty of up to $15,000.00 plus up to five (5) years possible jail time plus a criminal conviction/record.
The offense is graded as a second degree crime if the operator of the motor vehicle is legally impaired and “serious bodily injury results” from operation on any school property within 1000 feet of a school zone, while driving through a school crossing, while driving through a school crossing knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution. The driver’s exposure if convicted would be a monetary penalty of up to $150,000.00 plus mandatory jail time of not less than five (5) years nor more than ten (10) years plus a criminal conviction/record.
DO I HAVE ANY DEFENSES?
Experienced criminal lawyer knows that defenses to this offense stem from impairment levels and from injury levels. If the State cannot prove impairment beyond a reasonable doubt (think readings suppressed for machine error or police procedural error) then the attorney must show that the motor vehicle accident should be downgraded to just a civil/traffic offense type matter.
DO I NEED AN ATTORNEY OR LAWYER TO DEFEND ME IF CHARGED WITH THIS OFFENSE?
Yes. This is a serious indictable criminal offense for which, if convicted, possible jail time plus loss of driving privileges plus substantial monetary penalties plus a criminal conviction can be imposed at conclusion of the sentencing hearing. An experienced criminal lawyer is needed to help reduce exposure.
Any experienced attorney knows that most motor vehicle accidents occur when least expected.
When police arrive at the scene of a motor vehicle accident, the experienced lawyer has seen time and time again that the first thing police officers investigate is whether any of the drivers show signs of impairment. When impairment is suspected, the suspected driver is immediately apprehended, tested and charged. Police must write an accident report for each motor vehicle accident which finds fault or blame with one of the parties for how the accident occurred. Police have tremendous input into accident reconstruction analysis and in determining fault.
That’s why you need an experienced criminal lawyer challenging the allegations for you.
If you have been charged with DWI-DUI and Aggravated Assault By Auto, I can help you possibly avoid conviction, imposition of monetary fines, jail time, criminal record . For a free initial consultation please contact me at (732)-337-7922.
