Death By Auto Defense

Summary

The user is facing a Death by Auto charge in New Jersey. The user was speeding when another driver made an illegal turn over two sets of double yellow lines, resulting in a fatal accident. The user has an engineers report stating they are not at fault and a precedent case where neither the state nor a business were held liable for accidents caused by illegal turns. The users defense attorney is aware of these details. The user was advised to continue working closely with their attorney, share any new evidence promptly, and maintain a record of all legal documents.

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I got charged with death by auto but I did not cause the accident
Hello Gabe, I'm sorry to hear about your situation. Can you please tell me where the accident occurred? This will help me provide more accurate legal information.
Nj
I'm sorry to hear about your situation, Gabe. In New Jersey, "Death by Auto" is a serious charge. Here are few points:
- It applies when a person causes death while driving a vehicle recklessly.
- It's a first-degree crime if the driver was intoxicated or drugged.
I strongly recommend you to consult a lawyer.
I was speeding and someone made an illegal turn over * sets of double yellow lines in front of me and he did not survive
I'm sorry to hear about this, Gabe. Speeding can be considered as reckless driving in NJ. However, the other party's illegal turn might be a factor too.
- NJ law (N.J.S.A *:*-*) states that reckless driving causing death can lead to serious consequences.
- Speak to a lawyer immediately for advice tailored to your situation.
An engineer said I’m not at fault for the accident
That's crucial, Gabe. If an engineer affirms you're not at fault, it can greatly assist your defense.
- Expert witness testimony is often critical in such cases.
- Contact an attorney to strategize using this information in your defense.
Seek legal counsel immediately.
I have a precedent that also says I’m not at fault for the accident, and another article
That's important, Gabe. Can you please provide more details about the precedent and the article? It might help in building your case.
https://njlitigationblog.com/neither-wawa-nor-the-state-held-liable-for-accidents-that-occurred-due-to-drivers-making-an-illegal-left-turn-into-a-wawa-driveway/
Thank you, Gabe. In the precedent you shared, the court held neither Wawa nor the state liable for accidents caused by illegal turns. This precedent may aid your defense. Discuss with your attorney how it can be used effectively in your case.
This is the same road
That's interesting, Gabe. If the precedent case occurred on the same road, it strengthens your case. Discuss this with your lawyer. They can use this information to build a robust defense.
They came up with the same thing as my engineer, and my engineer worked that Wawa case
That's very helpful information, Gabe. If the same engineer worked on the Wawa case and your case, this could significantly support your defense. Have you discussed this with your lawyer yet?
I have a great criminal defense lawyer
That's excellent, Gabe. Having a skilled defense attorney is crucial. Ensure you share all these details with your attorney to build the most effective defense strategy.
We have talked about it already, just wanted a second opinion
It seems like you're on the right track, Gabe. Your lawyer can use this information, the engineer's report, and the precedent case to build a strong defense. Continue to collaborate closely with your attorney.
Is there anything else I should know
While you seem well-prepared, consider these additional points, Gabe:
- Ensure your attorney explores all potential defenses, not just the ones related to the precedent and engineer's report.
- If any new evidence arises, share it promptly with your lawyer.
- Maintain a record of all your legal documents.
Is this case beatable
It's not appropriate for me to predict the outcome of your case, Gabe, as it depends on various factors. However, based on the information you provided, your attorney seems to have a solid strategy. Continue working closely with them for the best outcome.
Is my defense good
Your defense appears to be well thought out, Gabe. The engineer's report, the precedent case, and the other party's illegal turn are substantial factors. However, the final decision rests with the court. Continue consulting with your attorney for personalized advice.
A similar case the prosecutor stated the guy could walk free at trial, is that good to show my lawyer
Yes, it's beneficial to share all relevant information with your attorney, including similar cases where the defendant walked free. This could help in formulating your defense strategy.
Could it be possible for the charges to be dropped
Yes, it's possible, Gabe. Charges can be dropped if:
- There's insufficient evidence.
- The evidence was improperly obtained.
- There are errors in the charging document.
However, the decision lies with the prosecutor and the court. Discuss this with your attorney.
If I didn’t cause the accident how can I be charged
Although you may believe you didn't cause the accident, charges can be filed based on law enforcement's interpretation of the facts. Factors such as:
- Speeding
- Reckless driving
- Violating traffic laws
can lead to charges. Discuss the specifics with your attorney to understand better.
The other driver broke more laws then I did
That might be a significant factor in your defense, Gabe. If the other driver violated more traffic laws, it could influence the court's decision. However, it's essential to discuss this with your attorney as it's the court that ultimately determines the outcome.
What do * sets of double yellow lines mean
In most jurisdictions, two sets of double yellow lines mean that:
- Vehicles are not allowed to cross the lines except to turn left.
- Overtaking or passing is prohibited.
- U-turns are usually not allowed.
Do verify with local traffic regulations in NJ.
* sets of double yellow lines * or more feet apart mean
In New Jersey, two sets of double yellow lines spaced two or more feet apart indicate a barrier. No driver is permitted to drive over, upon, or across such barrier. It's considered a traffic violation.
That is what the guy crossed in my accident
That's a crucial detail, Gabe. If the other driver crossed double yellow lines, it could significantly impact your case. Have you shared this with your attorney?
Yes he knows it was an illegal turn
That's important information, Gabe. Have you also discussed the potential impact of this illegal turn on your case with your attorney?
Is that considered in proper operating of a motor vehicle on a highway divider
In New Jersey, crossing double yellow lines spaced two or more feet apart is considered improper operation of a vehicle. This action breaks traffic laws and could be deemed reckless. Discuss this with your attorney as it can impact your case.
If he was more reckless then me can the charges be dropped
That could be a factor, Gabe. The court will consider all facts, including the other driver's actions. However, the decision to drop charges is at the discretion of the prosecutor and the court. Discuss this with your attorney.