New Jersey Vehicular Homicide Lawyers
Protecting Your Legal Rights During Criminal Proceedings
In New Jersey, vehicular homicide refers to a death caused by the reckless operation of a vehicle. Drivers convicted of vehicular homicide may face hefty fines and several years in prison. At Lomurro Law, our New Jersey criminal defense attorneys are experienced in vehicular homicide claims. We carefully study the facts of your claim to ensure that your legal rights are protected throughout the case, and, if warranted, your charges are dismissed or reduced. It is important to speak with an attorney as soon as possible after being charged with a crime.
The Elements Of Vehicular Homicide
A driver may be charged with vehicular homicide in various situations, including the following:
- The driver fell asleep while driving, or was driving after having been awake for more than 24 hours;
- The driver was under the influence of drugs and/or alcohol; or
- The driver was using a cellphone while driving.
In addition, a driver may be charged with vehicular homicide in numerous other situations, so long as it is proven that the driver was reckless at the time of the accident.
To convict a driver of vehicular homicide, the prosecution must provide evidence that clearly establishes the driver’s negligence. For example, cellphone records may prove that the driver was using the phone at the time of the accident. Blood test results may reveal the driver was under the influence of drugs. Eyewitnesses may report that the driver lost control in a manner consistent with falling asleep at the wheel.
Penalties For Vehicular Homicide
The penalties for vehicular homicide vary depending on whether a driver is charged with first-degree vehicular homicide or second degree vehicular homicide.
- First degree vehicular homicide carries a sentence of between 10 and 20 years in prison. According to New Jersey law, a term of between one-third and one-half of the sentence imposed, or three years, whichever is greater, is the minimum term to be imposed upon the defendant before that defendant is eligible for parole. A driver may be convicted of first degree vehicular homicide if the driver violated DUI or DWI laws and the accident occurred on school property or on any property used by schools, including crosswalks.
- Second degree vehicular homicide carries a sentence of between 5 and 10 years in prison. Under New Jersey law, if the driver violated DUI or DWI laws, the minimum term imposed must be between one-third and one-half of the sentence or three years, whichever is greater.
Fines, penalties, and license suspensions are also possible with a conviction for vehicular homicide.
Refusing The Breathalyzer
In New Jersey, applying for and obtaining a driver’s license implies that you will take a breath test if asked to do so by a police officer. Refusing to submit to a breathalyzer test may result in additional fines or an automatic license suspension. Refusing the breathalyzer is actually a separate charge that drivers may face in addition to vehicular homicide, if it is believed that alcohol or drugs were a factor in the accident.
Contact Our New Jersey Criminal Defense Attorneys Today To Schedule A Consultation
At Lomurro Law, our New Jersey criminal defense attorneys have assisted clients with dozens of vehicular homicide claims. We work with you through each phase of the case to ensure you understand every detail and that your rights remain protected until the case is concluded. To schedule a consultation, call 732-482-9285 or contact us online.