How Important Are Scientific Experts In Vehicular Homicide Cases?
Scientific experts are crucial in these types of cases, especially the accident reconstruction specialist. In many cases, the accident reconstruction specialist will evaluate how the accident happened; just because you’re above the legal limit doesn’t mean you caused the accident, it could be the other driver who was on his cellphone, crossed the line and caused the head-on collision, and you should not be held responsible for vehicular homicide if someone else caused the accident. The accident reconstruction specialist can evaluate the skid marks and a whole host of factors using computer modeling, scientific modeling to recreate how the accident occurred and what role the defendant’s driving played in that accident.
What Are the General Outcomes For Clients in Vehicular Homicide or Auto-Assault Cases?
A plea bargain usually means your client will go to jail, so we never plea bargain a case like this at the outset; instead, we develop the case and once we find some deficiencies in the state’s case, we may use that to pressure the state into resolving the case without incarceration, or to amend the charges to something that is a non-custodial matter, but if the deficiencies in the case are so serious, we’ll make a motion to dismiss the case or try and persuade the prosecutor to dismiss the case on their own.
Every case is different; there are cases in which you don’t have a great defense, so you go to trial and defend the case and you make sure your client has his day in court and his voice heard and there are cases in which you try the case and win and it’s the greatest feeling on earth; that you saved someone’s life. However, the results are so fact-specific that I can’t give you a typical case; I can only say that we are always prepared to go to trial in a case like this.
What Sets Your Firm Apart in Handling Vehicular Homicide or Auto-Assault Cases?
The reason you need an experienced attorney who specializes in vehicular homicide cases and DWI because you’re facing potentially enormous consequences, including losing your freedom for a very long time; you need experts in a broad variety of fields and an attorney who knows which ones are appropriate for your case. They need to understand the scientific, medical and vehicular issues as well as procedural laws that apply to a case like this.
Not everybody who handles DWI cases can handle a vehicular homicide case, so you need someone who has done many DWI cases, as well as many vehicular homicide cases and has the training to help them get a good result for the client. One organization that I find very helpful is the National College for DUI Defense, of which I am a member; they provide great training and I think if your attorney isn’t a member of that organization or the Association of Criminal Defense Lawyers of New Jersey, of which I am also a member, or another organization like that, you probably shouldn’t retain them. I’m also a member of the New Jersey State Bar Association, Municipal Court and Criminal Court Practice sections and I’m on the committee that advises those sections on DWI and vehicular assault cases.
Vehicular homicide cases are very serious, and that you’re risking a great deal if you don’t do whatever you have to do to get the best attorney possible to handle these cases. You really have to investigate your attorney on a case like this because it’s not just a DWI; you’re not just losing your license, you’re handling a case in which your life is literally at stake.
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