There was considerable press back in September regarding a fatal accident in Stafford Township where alcohol was alleged to be involved. While the story was certainly newsworthy, it received particular attention because the driver alleged to be at fault and under the influence, was the son of a politician. The same driver was also alleged to have a poor driving record, including at least one prior DWI. Last Thursday, formal charges of vehicular homicide were filed against the driver and this was undoubtedly triggered when the blood alcohol laboratory results recently came back from the state police lab.
Vehicular Homicide is a second degree offense in New Jersey. A second degree crime carries a jail term of between 5 and 10 years. There is also a presumption of incarceration, that is, an extremely high probability that an individual will go to jail, whenever they are convicted of a crime of this degree. It should also be pointed out that the No Early Release Act (“NERA”) applies to a charge of Vehicular Homicide. NERA mandates that a defendant serve at least 85% of his or her prison term before there is eligibility for parole. An attorney highly experienced in defending both driving while intoxicated and indictable criminal charges can be extremely helpful to anyone charged with this offense.
