How Can You Defend Against a DUI Accident Charge in New Jersey?
Posted by Scott Gorman - April 28, 2023

If you get charged with causing an accident while driving under the influence (DUI) in New Jersey, you can face serious criminal charges. Non-fatal accidents can lead to charges for “assault by auto,” while fatal accidents can lead to charges for vehicular homicide. These charges carry anywhere from 18 months to 20 years behind bars, and they often come with a mandatory minimum sentence during which you are eligible for parole. As a result, if you have been accused of causing an accident while driving drunk, you need to speak with an experienced Morristown DUI lawyer as soon as possible.

Defenses to “Assault By Auto” and Vehicular Homicide Charges in New Jersey

Regardless of the facts of your case, you have defenses available. But, determining which defenses you can use to fight your DUI accident charge requires a clear understanding of the facts at hand. With this in mind, some examples of defenses an experienced Morristown DUI lawyer may be able to assert on your behalf include:

1. You Didn’t Cause the Accident

In most cases, prosecutors must be able to prove that you caused the accident. While driving drunk creates a presumption of recklessness in some cases, this presumption can be overcome. The fact that you were drunk (if you were) doesn’t necessarily mean the accident was your fault. If prosecutors can’t prove that the collision was your fault, this could be enough to save you from a conviction.

2. You Weren’t Driving Under the Influence

It may also be possible to fight your DUI accident charge by arguing against the prosecution’s evidence of impairment. There are several ways to fight a “normal” DUI charge in New Jersey, and these defenses may be available in your assault by auto or vehicular homicide case as well.

3. The Prosecution’s Evidence is Inadmissible in Court

Even if the evidence shows that you caused an accident while driving under the influence, you may still be able to avoid a conviction if your lawyer can keep the prosecution’s evidence out of court. Evidence can be deemed inadmissible for a variety of reasons, from unconstitutional searches and seizures to improperly withholding exculpatory evidence before trial.

4. There Are Other Problems with the Prosecution’s Case

Along with the inadmissibility of the prosecution’s evidence, various other problems with the prosecution’s case can also provide defenses to DUI accident charges in New Jersey. Issues with jury selection, delays that deny your constitutional right to a speedy trial, and other similar types of issues can all potentially justify a motion to dismiss or acquit.

Discuss Your Case with Morristown DUI Lawyer Scott Gorman

If you need to defend against an assault by auto or vehicular homicide charge in New Jersey, we strongly encourage you to contact us for more information. To discuss your case with Morristown DUI lawyer Scott Gorman in confidence, call 973-796-3800 or tell us how we can reach you online now.

Published in Categories: DUI / DWI