Strict Liability Vehicular Homicide
Boat and car accidents happen all the time, but when there is a death involved, and the driver is believed to be under the influence, he or she can be charged with STRICT LIABILITY VEHICULAR HOMICIDE, a third-degree crime.
Unlike other charges, under strict liability vehicular homicide, the State does not have to establish a state of mind as to causing the death. The State only needs to establish that (1), you were driving a motor vehicle under the influence, (2) a death results, (3) and that without of your operation, the death could not have occurred. It does not matter, whether the other driver was negligent or reckless in their driving. Your mere presence on the road, could be considered the cause of death!
The only way to FIGHT and WIN against such a charge is to either establish that you were not under the influence, or that the death would have occurred without your presence on the road.
PENALTIES FOR STRICT LIABILITY VEHICULAR HOMICIDE
The Penalty for Strict Liability Vehicular Homicide is 3 to 5 years in New Jersey State Prison, with a three-year parole stipulation, which means you must serve at least three years before being released.
You can be fined $15,000 as well as mandatory assessments, additional drivers license suspension, and most importantly, you will have a criminal conviction. This is in addition to any license suspension and penalties associated with DWI.
HOW WILL THEY PROVE BEING UNDER THE INFLUENCE (DWI)
DWI can be proven two ways, through the observations of the officer, or through chemical testing. The observations of the officer will consist of the evidence he gathered at the scene from you, including a field sobriety testing, as well as other witnesses. Chemical testing will consist of either a breath test, urine test, but in all likelihood, a blood test.
USE AND DWI EXPERT TO FIGHT YOUR CASE
While any lawyer with criminal experience can handle your case, you might be better off having a criminal defense lawyer who is also a DWI Expert. Steven W. Hernandez, Esq. has the following credentials, which will assist in defending your Strict Liability Homicide charges:
- Steven W. Hernandez is Certified by the Supreme Court of New Jersey as a Municipal Trial Attorney, the ONLY certification in New Jersey, associated with DWI trials.
- Steven W. Hernandez is also Board Certified DUI Attorney by the NCDD*. Details on the Board certification Process can be found at https://ncdd.com/board-certification.
- Steven Hernandez is a Standardized Field Sobriety Instructor, the same test used by law in-enforcement to determine impairment.
- Steven W. Hernandez has undergone Drug Recognition Expert training.
- Steven W. Hernandez, has received over 100 hours in forensic chromatography training. This training is critical in a blood and urine DWI.
- Steven W. Hernandez has received training from the manufacturer of the Alcotest 7110.
HOW WILL WE FIGHT YOUR CASE
While every case is different, Mr. Hernandez will use his training and knowledge in DWI, especially forensic science to challenge any chemical test, and his training in DWI Detection and Standardized field sobriety tests to challenge impairment. We will use our legal training and our understanding of motor vehicle and boating laws to help establish that you were not the cause of the accident.
Steven W. Hernandez is a trial lawyer, who has experience challenging fight motor vehicle crimes and violations. For a consultation or appointment, call 732-286-2700.