Anthony N. Palumbo | New Jersey Municipal & Criminal Defense Attorney | The Law Offices Of Anthony N. Palumbo
Anthony N. Palumbo | New Jersey Municipal & Criminal Defense Attorney | The Law Offices Of Anthony N. Palumbo

Free Consultations: 908-272-9700

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Fighting Criminal Charges In Union, Middlesex And Monmouth Counties
Anthony N. Palumbo | New Jersey Municipal & Criminal Defense Attorney | The Law Offices Of Anthony N. Palumbo
Free Consultations: 908-272-9700
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DUI Involving An Accident in New Jersey

Being involved in a DUI (driving under the influence) accident can have serious legal and personal consequences. The state of New Jersey takes DUI offenses seriously, and when an accident is involved, the stakes are even higher. This practice area page will provide comprehensive information about the legal ramifications of DUI accidents in New Jersey, the potential penalties, and the importance of seeking experienced legal representation. If you or a loved one is facing charges related to a DUI accident, contacting a skilled attorney like Anthony Palumbo is essential for protecting your rights and navigating the legal process.

Understanding DUI Laws in New Jersey

In New Jersey, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. DUI charges can also be brought if a driver is under the influence of drugs or a combination of alcohol and drugs. When a DUI results in an accident, the legal consequences can become more severe due to the potential for property damage, injuries, or fatalities.

Legal Consequences of DUI Involving an Accident

The consequences of a DUI accident depend on several factors, including the severity of the accident, whether there were injuries or fatalities, and the driver’s prior criminal record. Here are some potential legal ramifications:

Enhanced Penalties

  1. Fines and Imprisonment:
    • First Offense: Fines ranging from $300 to $500 and up to 30 days in jail.
    • Second Offense: Fines ranging from $500 to $1,000 and imprisonment from 48 consecutive hours to 90 days.
    • Third Offense: A fine of $1,000 and mandatory imprisonment of 180 days.
  2. License Suspension:
    • First Offense: Three months to one year, depending on BAC level.
    • Second Offense: Two years.
    • Third Offense: Eight years.
  3. Ignition Interlock Device (IID):
    • Installation of an IID during the license suspension period and for an additional one to three years after restoration for repeat offenders.
  4. Community Service and IDRC:
    • Completion of community service and mandatory attendance at the Intoxicated Driver Resource Center (IDRC) for education and evaluation.

Aggravated DUI Charges

When an accident results in serious bodily injury or death, the charges can be elevated to aggravated DUI. Aggravated DUI carries harsher penalties, including longer prison sentences and higher fines.

  1. Assault by Auto:
    • If a DUI accident causes serious bodily injury, the driver can be charged with assault by auto, a third-degree crime punishable by three to five years in prison and fines up to $15,000.
  2. Vehicular Homicide:
    • If the accident results in a fatality, the driver can be charged with vehicular homicide, a second-degree crime punishable by five to ten years in prison and fines up to $150,000.

Civil Liability

In addition to criminal charges, a driver involved in a DUI accident may also face civil liability. Victims of DUI accidents can file personal injury lawsuits seeking compensation for medical expenses, lost wages, pain and suffering, and other damages.

Defenses in DUI Accident Cases

Facing charges for a DUI accident can be overwhelming, but an experienced attorney can explore various defense strategies to protect your rights. Some possible defenses include:

  1. Challenging the Traffic Stop:
    • Arguing that the initial traffic stop was unlawful due to lack of probable cause or reasonable suspicion.
  2. Questioning the Accuracy of BAC Tests:
    • Disputing the accuracy and reliability of breathalyzer or blood tests due to improper calibration, administration, or handling.
  3. Proving Lack of Intoxication:
    • Providing evidence that you were not under the influence at the time of the accident, such as medical conditions or other factors that could have affected the BAC reading.
  4. Disputing Causation:
    • Demonstrating that the accident was not caused by intoxication but by other factors such as road conditions, mechanical failure, or the actions of another driver.

Importance of Early Legal Intervention

Engaging an attorney early in the process can make a significant difference in the outcome of your case. Early legal intervention allows your attorney to:

  1. Collect and Preserve Evidence:
    • Gathering crucial evidence, such as witness statements, surveillance footage, and accident reconstruction, to build a strong defense.
  2. Challenge Procedural Errors:
    • Identifying any procedural errors or violations of your rights that could lead to the suppression of evidence or dismissal of charges.
  3. Negotiate with Prosecutors:
    • Engaging in plea negotiations to potentially reduce charges or penalties.

Why Choose Anthony Palumbo?

Anthony Palumbo is a seasoned DUI defense attorney with extensive experience handling DUI accident cases in New Jersey. Here’s why you should consider choosing him for your defense:

  1. Expert Knowledge:
    • Anthony Palumbo has a deep understanding of New Jersey DUI laws and a proven track record of successfully defending clients in DUI accident cases.
  2. Personalized Defense Strategy:
    • Every case is unique, and Anthony Palumbo tailors his defense strategies to the specific circumstances of your case, ensuring the best possible outcome.
  3. Aggressive Representation:
    • Anthony Palumbo is committed to vigorously defending your rights and fighting for your future, using his extensive courtroom experience to your advantage.
  4. Compassionate Support:
    • Facing DUI charges can be stressful, and Anthony Palumbo provides compassionate support and guidance throughout the legal process, keeping you informed and involved every step of the way.

Contact Us for Experience and Expertise in DUI Defense

A DUI involving an accident in New Jersey carries severe legal and personal consequences, but understanding the legal process and having an experienced attorney by your side can make a significant difference. If you or a loved one is facing charges related to a DUI accident, do not hesitate to contact Anthony Palumbo for expert legal representation. With his extensive knowledge, personalized defense strategies, and commitment to protecting your rights, Anthony Palumbo is the advocate you need to navigate this challenging time.

Take proactive steps to protect your future and secure the best possible outcome by reaching out to Anthony Palumbo today.