Vehicular Homicide & Assault by Auto Indictment Handed Down in New Jersey
The Monmouth County Prosecutor’s Office just handed down an indictment against a twenty-one year old Howell New Jersey resident, charging him with one count of Vehicular Homicide and one count of Assault by Auto. Both of these charges stem from a fatal motor vehicle accident which took place back in June of this year. The Defendant, who was the operator of the vehicle, is also charged with driving while intoxicated, reckless driving, improper passing, speeding and failure to wear a seat-belt.
After a very extensive investigation by the County Prosecutor’s Office, they were able to determine that the driver was intoxicated when he lost control of his vehicle and crashed into a telephone pole which killed the backseat passenger. If convicted of the second-degree Vehicular Homicide charge the defendant could be sentenced up to ten (10) years in a New Jersey State Prison. To make matters worse, this offense is subject to the No Early Release Act (“NERA”), which will require the defendant to serve at least 85% of his sentence before he can become eligible for parole. If convicted of the third-degree Assault by Auto charge, the defendant could be sentenced up to additional five (5) years in State Prison.
DWI / DUI offenses are taken very serious in New Jersey. The legislature has taken a very harsh approach when to comes to fixing the applicable penalties for anyone convicted of driving under the influence. Therefore, you can imagine the approach the prosecution takes when a fatal accident occurs as the result of someone driving while intoxicated. If you or someone you know has been charged with vehicular homicide, dwi, assault by auto or death by auto in Bergen County, the Law Offices of Marshall, Bonus, Proetta & Oliver can help. Please feel free to contact any one of our Bergen County Offices for a free consultation with any one of our eight criminal defense attorneys.