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    worstsummerever's Avatar
    worstsummerever Posts: 16, Reputation: 1
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    #1

    Sep 13, 2010, 10:10 AM
    In New Jersey what is the usual penalty for a first offense assault by auto?
    Someone I know injured one of their own passengers in a motor vehicle accident while they were intoxicated. On top of a dui charge, they are being indicted for assault by auto. What is the usual sentencing for this in NJ if it is a first offense, with no previous record?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Sep 13, 2010, 10:20 AM

    DUI plus assault by auto is a third degree crime and carries 3 to 5 years in prison, but in this situation it may carry up to 10 years. However, every judge is different, you have to wait to go to court.

    I only happen to know this through a third party. This is the way it occurs in Ontario, but may be moderately different in the state you are in.

    Unfortunately DUIs are consistently frowned upon, either first, second or third and rightly so. No one should get in a car intoxicated and drive on the roads.

    Don't get me started on this.

    Tick
    worstsummerever's Avatar
    worstsummerever Posts: 16, Reputation: 1
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    #3

    Sep 20, 2010, 08:58 AM
    ,
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Sep 20, 2010, 12:39 PM

    They are being indicted, not "simply" charged? Bad news - and I'm a liability investigator.

    Felony, I would guess?
    worstsummerever's Avatar
    worstsummerever Posts: 16, Reputation: 1
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    #5

    Sep 20, 2010, 01:49 PM

    Yes it was in the newspaper as indictment.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Sep 20, 2010, 01:52 PM

    Then it's serious and most probably a felony. Will probably serve time if found guilty.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Sep 20, 2010, 05:21 PM

    Yes, it means that the DA has looked at this and that they have added the additional charges. They need a very good attorney and perhaps work out a plea agreement
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