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Vehicular Homicide Defense Strategy
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Can you be convicted of death by auto if the cause of the accident was not due to your reckless driving in nj?
Hello ****! In New Jersey, conviction for "death by auto" (vehicular homicide) generally requires proof of reckless driving. However, other factors like driving under the influence can also lead to such a conviction. Could you provide more details about the accident circumstances?
I accelerated for about *-* seconds in my car and went over * mph, as I was slowing down someone made an illegal turn over * steps of double yellow lines spaced * or more feet apart and under the influence of * different drugs and did not survive
Thank you for providing more details, ****.
In New Jersey, a conviction for "death by auto" or vehicular homicide requires proof of reckless driving. Driving over * mph can be considered reckless. However, the other driver's illegal turn and intoxication may be significant factors.
Have you been contacted by law enforcement or charged with any offense yet?
In New Jersey, a conviction for "death by auto" or vehicular homicide requires proof of reckless driving. Driving over * mph can be considered reckless. However, the other driver's illegal turn and intoxication may be significant factors.
Have you been contacted by law enforcement or charged with any offense yet?
What if I wasn’t at fault for the accident? Can I be convicted still?
****, in New Jersey, you can still be convicted of "death by auto" if your actions are deemed reckless. Accelerating to over * mph could be considered reckless driving, impacting your liability. The other driver’s actions may mitigate but not eliminate your potential culpability.
Have you consulted with an attorney regarding your situation?
Have you consulted with an attorney regarding your situation?
Yes we have an accident reconstructionist and a toxicologist
Thank you for the detailed information, ****. It sounds like you're thoroughly preparing your defense.
To provide further guidance, could you please share if there have been any updates from law enforcement or the court since you last consulted with your attorney? This will help understand the current status of your case.
To provide further guidance, could you please share if there have been any updates from law enforcement or the court since you last consulted with your attorney? This will help understand the current status of your case.
And a human factor expeet
****, it seems like you're gathering comprehensive evidence for your defense. Consulting a human factors expert could be beneficial in analyzing driver behavior and accident circumstances. Have there been any recent developments or communications from law enforcement or the court?
I was charged with death by auto
****, I'm sorry to hear about your charges. In New Jersey, "death by auto" (vehicular homicide) typically requires proof of reckless driving. Your speed could be considered reckless, but other factors like the other driver's illegal turn and intoxication may influence the case.
New Jersey Superior Court~
Have you been assigned a court date yet?
New Jersey Superior Court~
Address: Richard J. Hughes Justice Complex, * Market Street, Trenton, NJ *
Website: www.njcourts.gov
Have you been assigned a court date yet?
But we have * experts and a precedent
****, it's good that you have experts and a precedent. In New Jersey, having strong expert testimony can significantly influence your case. Would you be able to provide more details about the precedent you mentioned? It could help in understanding how it might apply to your situation.
The court ruled the illegal left turn was the cause in the accident in a similar case
Thank you for sharing that precedent, ****. It could be influential in your case.
Considering your situation, here are some general points to keep in mind for New Jersey:
- In vehicular homicide cases, proving reckless driving is key.
- Expert testimony can challenge the prosecution's narrative.
- Precedents can be useful but must closely match your case's facts.
Have you discussed this specific precedent with your attorney?
Considering your situation, here are some general points to keep in mind for New Jersey:
- In vehicular homicide cases, proving reckless driving is key.
- Expert testimony can challenge the prosecution's narrative.
- Precedents can be useful but must closely match your case's facts.
Have you discussed this specific precedent with your attorney?
My lawyer said he thinks I was negligent and not reckless and thinks I’ll get acquitted
****, it sounds like your lawyer is optimistic about your case. In New Jersey, negligence is a lower standard than recklessness, which could be beneficial for you.
Key Points:
- **Vehicular Homicide**: Requires proving reckless driving.
- **Negligence vs. Recklessness**: Negligence is less severe.
- **Precedents and Expert Testimony**: Can strongly influence the outcome.
Have you been given a specific strategy by your lawyer based on the experts' findings?
- **Vehicular Homicide**: Requires proving reckless driving.
- **Negligence vs. Recklessness**: Negligence is less severe.
- **Precedents and Expert Testimony**: Can strongly influence the outcome.
Have you been given a specific strategy by your lawyer based on the experts' findings?
The lawyer is challenging the recklessness and the causation part of the case.
****, your lawyer's approach to challenge recklessness and causation is crucial.
In New Jersey, for a "death by auto" conviction:
- **Reckless Driving**: Key to prosecution.
- **Causation**: Must directly link your actions to the death.
Have your experts found evidence that supports your lawyer's challenge to these points?
In New Jersey, for a "death by auto" conviction:
- **Reckless Driving**: Key to prosecution.
- **Causation**: Must directly link your actions to the death.
Have your experts found evidence that supports your lawyer's challenge to these points?
Yes the experts say the illegal left turn and being under the influence of drugs caused the accident which then caused his death
****, it's positive that your experts support your defense. In New Jersey, demonstrating that the other driver’s actions were the primary cause can significantly impact the case.
Key Points:
- **Reckless Driving**: Must be proven for a conviction.
- **Causation**: Linking the other driver’s actions to the accident can mitigate your liability.
Have there been any recent developments in your case, such as new evidence or court dates?
- **Reckless Driving**: Must be proven for a conviction.
- **Causation**: Linking the other driver’s actions to the accident can mitigate your liability.
Have there been any recent developments in your case, such as new evidence or court dates?
Should I be positive if the lawyer thinks I’ll be acquitted
****, it's encouraging that your lawyer believes in a strong defense. In New Jersey, challenging both recklessness and causation is crucial for an acquittal in vehicular homicide cases.
- **Reckless Driving**: Key to prosecution.
- **Causation**: Must link your actions directly to the death.
Have you received any recent updates from the court or law enforcement?
- **Reckless Driving**: Key to prosecution.
- **Causation**: Must link your actions directly to the death.
Have you received any recent updates from the court or law enforcement?
Do you think I could be aquitted
****, while I can't predict the outcome, it's promising that your lawyer and experts are optimistic. Key factors in New Jersey for acquittal in vehicular homicide are:
- **Reckless Driving**: Must be proven by the prosecution.
- **Causation**: Must directly link your actions to the death.
Have you received any updates or new evidence from your lawyer recently?
- **Reckless Driving**: Must be proven by the prosecution.
- **Causation**: Must directly link your actions to the death.
Have you received any updates or new evidence from your lawyer recently?
Second, [for reckless conduct] that the actual result must have been within the risk of which the defendant was aware. If not, it must involve the same kind of injury or harm as the probable result and must also not be too remote, too accidental in its occurrence or too dependent on another's volitional act to have a just bearing on the defendant's liability or on the gravity of his/her offense.
****, the legal principle you mentioned highlights the complexity of proving reckless conduct. In New Jersey, to convict for "death by auto":
- **Reckless Conduct**: Must show awareness of the risk.
- **Causation**: Harm must not be too remote or accidental.
Have there been any recent updates or new evidence from your lawyer recently?
- **Reckless Conduct**: Must show awareness of the risk.
- **Causation**: Harm must not be too remote or accidental.
Have there been any recent updates or new evidence from your lawyer recently?
Would the illegal turn and being under the influence be a known risk to me? How would I know?
****, determining whether the illegal turn and the other driver's intoxication were known risks involves analyzing if you were aware or should have been aware of those risks while driving.
- **Reckless Conduct**: Requires showing awareness of the risk.
- **Causation**: The harm must not be too remote or accidental.
Have your experts or lawyer provided any updates on this aspect?
- **Reckless Conduct**: Requires showing awareness of the risk.
- **Causation**: The harm must not be too remote or accidental.
Have your experts or lawyer provided any updates on this aspect?
So could my accident be considered too accidental like it states?
****, whether your accident is considered "too accidental" depends on if the harm was too remote or dependent on the other driver’s actions.
Key Points:
- **Reckless Conduct**: Must show awareness of risk.
- **Causation**: Harm should not be too accidental or remote.
Have your legal experts discussed how these principles apply to your case?
Key Points:
- **Reckless Conduct**: Must show awareness of risk.
- **Causation**: Harm should not be too accidental or remote.
Have your legal experts discussed how these principles apply to your case?
Would the illegal left turn and being under the influence be dependent on his own actions?
****, yes, the illegal left turn and being under the influence are dependent on the other driver's actions. This could be a crucial aspect of your defense.
- **Reckless Conduct**: Must show awareness of risk.
- **Causation**: Harm should not be too accidental or remote.
Have your experts provided evidence to support this argument?
- **Reckless Conduct**: Must show awareness of risk.
- **Causation**: Harm should not be too accidental or remote.
Have your experts provided evidence to support this argument?
Would the illegal turn and being under the influence be considered volitional acts?
****, yes, the illegal turn and being under the influence are considered volitional acts, as they were deliberate choices made by the other driver.
- **Volitional Acts**: Actions taken voluntarily and intentionally.
- **Causation**: Harm should not be too accidental or remote.
Have your experts provided evidence to support this argument?
- **Volitional Acts**: Actions taken voluntarily and intentionally.
- **Causation**: Harm should not be too accidental or remote.
Have your experts provided evidence to support this argument?
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