Implications if You Have been Charged with Strict Liability Vehicular Homicide in Morris County NJ
In New Jersey, the law for strict liability vehicular homicide was established through legislative action. The law was enacted in response to several high-profile cases involving fatal car accidents caused by individuals driving under the influence of alcohol or drugs. The state’s lawmakers recognized that traditional criminal law statutes, which require a finding of criminal intent or recklessness, were inadequate to address the severity of these cases. As a result, they decided to create a new law that would hold individuals strictly liable for vehicular homicide if they caused a fatal accident while driving under the influence of drugs or drunk driving in the state.
The law was passed in 2007 and amended in 2012 to strengthen its provisions further. Under the law, individuals who are found guilty of strict liability vehicular homicide face a potential prison sentence of up to 5 years, fines, and license suspension. The law has been controversial, with some critics arguing that it unfairly punishes individuals who may not have intended to cause harm. However, supporters of the law argue that it is necessary to deter dangerous driving behavior and to ensure that individuals are held accountable for the consequences of their actions.
Understanding Strict Liability Vehicular Homicide in New Jersey
Strict liability vehicular homicide is a criminal offense in New Jersey that holds individuals responsible for causing the death of another person while driving a vehicle recklessly or under the influence of drugs or alcohol. The key feature of strict liability in this context is that the prosecution does not have to prove that the defendant intended to cause harm or acted recklessly but only that the defendant engaged in conduct that was inherently dangerous and resulted in the death of another person.
To be convicted of strict liability vehicular homicide, the prosecution must prove beyond a reasonable doubt that the defendant caused another person’s death while driving recklessly or under the influence of drugs or alcohol. Examples of reckless behavior that could lead to a conviction for this offense include excessive speeding, racing, driving while distracted, or ignoring traffic signals or signs.
Proving the Elements of NJSA 2C:11-5.3 to Get a Conviction
To be convicted of strict liability vehicular homicide, the prosecution must prove beyond a reasonable doubt that the defendant caused another person’s death while driving under the influence of drugs or alcohol. It must be proven that the defendant caused the death of another person while operating a motor vehicle. This requires evidence that the victim’s death directly resulted from the defendant’s conduct in operating the vehicle. It must be proven that the defendant’s conduct in operating the vehicle was sufficiently a DWI or DUI offense under the law. Driving under the influence involves operating a vehicle while impaired by drugs or alcohol beyond the legal limit of 0.08% blood alcohol concentration.
The prosecution must prove that the defendant’s conduct was a direct and substantial factor in causing the victim’s death. This means that the victim’s death would not have occurred but for the defendant’s conduct in operating the vehicle. It is important to note that, as a strict liability offense, the prosecution does not need to prove that the defendant intended to cause harm or acted with a particular state of mind. Rather, the prosecution must only prove that the defendant engaged in inherently dangerous conduct that caused the victim’s death by driving while impaired by a controlled dangerous substance, liquor, or some alcoholic beverage. If all of the elements are substantiated beyond a reasonable doubt, a conviction for strict liability vehicular homicide can be reached.
How Strict Liability Vehicular Homicide is Penalized According to NJ Law
In New Jersey’s criminal code, strict liability vehicular homicide carries classification as a third-degree offense that signifies its purported severity as an act punishable by significant means. Individuals convicted under this charge may anticipate penalties that include incarceration between three and five years while faced with fines reaching up to $15k. Although third-degree offenses usually don’t have a presumption for incarceration, this crime does, even if it is a first offense. Prosecutors in the state can pursue adding circumstances like aggravated manslaughter or vehicular homicide. The most severe type of offense relating to this matter is first-degree vehicular manslaughter, which carries punishment consisting of imprisonment up to twenty-three years coupled with fines exceeding $200k. Due to the No Early Release Act, a vehicular manslaughter charge requires offenders to serve no less than 85% of their mandated term.
Difference Between Strict Liability Vehicular Homicide and Death by Auto in NJ
The main difference between strict liability vehicular homicide and death by auto or vessel lies in the mental state required to establish guilt and the level of recklessness required to obtain a conviction. Strict liability vehicular homicide is a criminal offense that holds individuals responsible for causing the death of another person while driving a vehicle under the influence of drugs or alcohol. The key feature of strict liability in this context is that the prosecution does not have to prove that the defendant intended to cause harm or acted recklessly, but only that the defendant engaged in a DUI offense that resulted in the death of another person.
Death by auto or vessel, on the other hand, is a separate criminal offense that requires a higher level of recklessness or gross negligence on the defendant’s part. To be convicted of death by auto or vessel, the prosecution must prove that the defendant acted recklessly or with gross negligence in operating a vehicle or vessel and that this conduct caused the death of another person.
Unlike strict liability vehicular homicide, the prosecution must prove that the defendant acted with a particular state of mind: recklessness or gross negligence. This requires evidence that the defendant consciously disregarded a substantial and unjustifiable risk of harm to others or that the defendant’s conduct constituted a gross deviation from the standard of care that a reasonable person would exercise in the same situation.
While both strict liability vehicular homicide and death by auto or vessel are criminal offenses involving another person’s death while operating a vehicle, they differ in the level of recklessness required to establish guilt. Strict liability vehicular homicide requires no particular state of mind, while death by auto or vessel requires a higher level of recklessness or gross negligence.
Let our Morristown Strict Liability Vehicular Homicide Lawyers Defend Your Case
If you have been arrested, that can be extremely troubling. Your best option is to hire a criminal attorney who can strategically build a strong defense based on the circumstances of the case by challenging the evidence against you. Negotiating with the prosecution to reduce the charges or establish a plea agreement are also possibilities, as is an acquittal at trial.
Our experienced legal team is motivated by our desire to help our clients. Your situation and circumstances are unique, and you should be treated that way. Our passion is working hard to protect our client’s rights when facing charges for strict liability vehicular homicide in Randolph, Dover, Florham Park, Denville, Boonton, Parsippany, Morris Plains, Mount Olive, and neighboring areas in Morris County. Call us today at (908)-336-5008 to get a free consultation. This isn’t something to put off until tomorrow. Let us help you today.
