Car Accident Lawyer in New Jersey DWI Assault Acquittal

The defendant was involved in a late evening collision in Bergen County after exiting a highway ramp. Officers administered field sobriety tests and later obtained a breath reading above the statutory limit under N.J.S.A. 39:4-50. The driver of the other vehicle and a passenger each reported neck pain and obtained emergency room treatment. The State charged DWI under N.J.S.A. 39:4-50 and Assault by Auto under N.J.S.A. 2C:11-5.1, alleging that intoxication established reckless operation.

Under N.J.S.A. 2C:11-5.1, a person commits Assault by Auto when operating a vehicle recklessly and causing bodily injury. Recklessness requires proof that the defendant consciously disregarded a substantial and unjustifiable risk. Bodily injury is defined under N.J.S.A. 2C:11-1 as physical pain, illness, or impairment of physical condition. The prosecution must prove both reckless conduct and causation beyond a reasonable doubt.

Dash camera footage and intersection surveillance were reviewed frame by frame. The analysis showed that the defendant completed a lawful lane entry while the other vehicle accelerated rapidly from a merging lane. Impact occurred along the rear quarter panel of the defendant’s vehicle, which suggested that the second vehicle initiated the final movement. An accident reconstruction specialist concluded that the primary collision force resulted from the merging driver’s late decision rather than erratic driving.

Although the breath reading supported a DWI charge under N.J.S.A. 39:4-50, intoxication alone does not eliminate the need for proof of reckless causation. The State was required to show that impairment caused the crash. Evidence indicated that the merging vehicle failed to yield, which introduced reasonable doubt regarding reckless operation. This distinction weakened the Assault by Auto allegation.

Both alleged victims received two week soft tissue strain diagnoses. Emergency room records documented normal imaging and conservative treatment. Neither individual required surgery, extended hospitalization, or prolonged therapy. Follow up treatment was minimal, and no documented long term impairment appeared in the records.

Under N.J.S.A. 2C:11-1, bodily injury requires proof of physical pain or impairment. Courts have held that minimal complaints without objective findings may not satisfy the criminal threshold beyond a reasonable doubt. The defense emphasized the absence of measurable impairment and highlighted post accident activity levels captured on video. This evidence further undermined the Assault by Auto charge under N.J.S.A. 2C:11-5.1.

The breath reading exceeded the statutory limit under N.J.S.A. 39:4-50. The court imposed a monetary fine, license suspension, and mandatory program participation consistent with first offense guidelines. The defendant accepted responsibility for the traffic violation.

The jury found that the State failed to prove reckless causation and bodily injury beyond a reasonable doubt under N.J.S.A. 2C:11-5.1. The criminal injury charge resulted in an acquittal. The court entered a judgment reflecting dismissal of the Title 2C offense while sustaining the traffic conviction.

In cases involving alcohol related crashes and alleged injuries, legal outcomes often depend on scientific analysis, statutory interpretation, and precise causation review. A car accident lawyer in New Jersey can assess reconstruction evidence, medical documentation, and charging decisions to determine whether criminal exposure can be reduced or defeated.