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How Important Are Scientific Experts In Vehicular Homicide Cases?


When someone is charged with vehicular homicide in the state of New Jersey, it is often in conjunction with a charge of DUI/DWI. Scientific experts are crucial in a case with a charge of vehicular homicide (N.J.S.A. 2C:11-5), especially the accident reconstruction specialist. In many cases, the accident reconstruction specialist will evaluate how the accident happened. For example, just because you had a few drinks and are above the legal limit (a 0.08% BAC) doesn’t mean you caused the accident – it could be that the other driver was on his cellphone, crossed the line and caused a head-on collision – and you should not be held responsible for vehicular homicide if someone else caused the accident.

An accident reconstruction specialist can evaluate skid marks and a host of factors using computer and scientific modeling to recreate how an accident occurred and what role the defendant’s driving played in that accident. In a case in which you or someone you know has been charged with vehicular homicide, it is imperative that you contact an attorney immediately. A good attorney will make sure that the right experts are brought in to work on your case, which can mean the difference between jail time or the dismissal of charges.

What Are the General Outcomes for Clients in Vehicular Homicide or Auto-Assault Cases?

Many people hear the term “plea bargain,” and think jail time and this is, quite often, true. That’s why the attorneys at the Law Offices of James A. Abate, LLC will never plea bargain a case like this at the outset. We believe that every client deserves not only his day in court, but also a chance for all evidence to be presented and all defenses to be considered. We develop each case as an individual, and once deficiencies are found in the State’s case, we may use that to work with the Prosecutor to resolve the case without incarceration, or to amend the charges to something that is a non-custodial matter (i.e. a charge that does not have jail time).

Of course, there are often cases in which the State’s deficiencies are so serious, we’ll make a Motion to Dismiss the case, or try and persuade the Prosecutor to dismiss the charges on his own.

Every case is different; there will always be cases in which you don’t have a great defense, but if you’ve been charged with vehicular homicide, you absolutely should not just give up. Every defendant deserves to be represented by a great attorney. In a case that may seem undefendable, you always can go to trial – again, we truly believe that each person deserves his day in court and to have his voice heard by a Judge and/or jury.

The results of a vehicular homicide case are so fact-specific that we can’t give you a typical case; we can only say that we are always prepared to go to trial in a case like this. James Abate and John Portanova, the attorneys at our firm, have more than three decades of experience combined, and we have a dedicated staff who truly cares about our clients. We will work with you on your case every step of the way. We have experienced lawyers and attorneys working at our office.

Call the Law Offices of James A. Abate, LLC at (908) 210-9755 to schedule a free consultation with one of our attorneys.

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 and DUI/DWI defense is 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. Only an experienced vehicular homicide attorney would have the knowledge to understand all this.

Not every attorney who handles DUI/DWI cases can handle a vehicular homicide case. You need to do your research and find the attorney who is right for you and your specific case. You need to find an attorney who has not only the experience, but the right training to help him get you the results you need.

Two organizations that we find very helpful are the National College for DUI Defense and the Associate of Criminal Defense Lawyers of New Jersey, both of which James Abate is a member. These organizations provide attorneys with top-notch training. If you are researching attorneys for a vehicular homicide case, and the attorney is not a member of either of these associations, you probably shouldn’t retain him.

Mr. Abate and Mr. Portanova are members of the New Jersey State Bar Association, and Mr. Abate is a member of the NJSA Municipal Court and Criminal Court Practice sections and is also an active member of the committee that advises these sections on DUI/DWI and vehicular assault cases.

A charge of vehicular homicide is extremely 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 your case.

For more information on the Importance of Scientific Experts, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (908) 210-9755 today to talk to an experienced attorney.

We here at the Law Offices of James A. Abate, LLC are proud to serve all counties of New Jersey, including Somerset County, Union County, Hudson County, Middlesex County, Bergen County, Essex County, Ocean County and Monmouth County.

The Law Offices of James A. Abate LLC

Get your questions answered – call me for your free, 20 min phone consultation (908) 210-9755

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