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New Jersey DWI Accident Causing Death

If you are involved in an accident that results in the death of another person, you may be charged with death by auto, a second degree crime in New Jersey. If you were intoxicated at the time of the accident, you could also face DWI charges—and the associated penalties if you are convicted.

Second degree offenses are punishable by five to 10 years in prison. In the case of a DWI accident that results in a death, a conviction will also result in a loss of license for a period of five years to life.

Prosecuting Death by Auto

In a death case, the state needs to establish that not only was the driver the cause of the accident, but that his acts were reckless. The court will presume recklessness if there is evidence that the driver was under the influence of alcohol or drugs at the time of the accident.

Defenses to Vehicular Homicide Cases

One of the most effective ways to mount a defense in a vehicular homicide case is to attack the DWI charge. If your defense attorney is able to show that you were not, in fact, intoxicated at the time the accident occurred, the charges against you could be reduced.