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Defending a DUI-related felony charge in Atlantic City

| Apr 21, 2017 | Criminal Defense

Driving under the influence in any state can get you into a lot of trouble. New Jersey is no different, though the legal system here tends to take an approach to enforcement and prosecution that some might call less harsh.

For example, the normal DUI charge results in the defendant making a trip to municipal court where the case is handled as a misdemeanor offense. However, if you are driving drunk and happen to be involved in an accident in which someone is hurt or dies, you could be facing a felony charge such as assault or death by auto.

Notice that the term DUI does not even appear in connection with those felony charges. That’s because driving under the influence takes something of a back seat to the more serious offense.

The law’s view seems to be that any accident that results in an injury or death is due to some level of recklessness and negligence. Driving impaired means you are suspected of having taken that behavior to a more serious level. The matter goes to the county prosecutor who decides whether to seek an indictment for a felony or not.

A charge of assault or death by auto is one to take seriously no matter what the circumstances may be. If authorities allege that driving under the influence is an element of the crime, the thing you need to remember is that the consequences of a conviction are only going to be worse. For the protection of your rights to learn more about how we may be able to help, visit our site.