Strict Liability Vehicular Homicide in New Jersey

N.J.S.A. 2C:11-5.3 · Assault, Homicide & Violent Offenses

What the law says

Criminal homicide constitutes strict liability vehicular homicide when caused by driving a vehicle while intoxicated in violation of R.S.39:4-50 or operating a vessel under the influence of alcohol or drugs in violation of section 3 of P.L.1952, c.157 (C.12:7-46). The statute defines when that operation is considered the cause of death.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:11-5.3, that means:

• Criminal homicide occurred.
• The defendant drove a vehicle while intoxicated in violation of R.S.39:4-50, or operated a vessel under the influence of alcohol or drugs in violation of section 3 of P.L.1952, c.157 (C.12:7-46).
• The operation of the motor vehicle or vessel was an antecedent but for which the death would not have occurred.
• The death was not too remote in its occurrence as to have a just bearing on the defendant's liability.
• The death was not too dependent upon the conduct of another person, unrelated to the defendant's operation of a motor vehicle or vessel, as to have a just bearing on the defendant's liability.

How the charge is graded

• Strict liability vehicular homicide is a crime of the third degree; the presumption of nonimprisonment set forth in subsection e. of N.J.S.2C:44-1 shall not apply.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• The provisions of N.J.S.2C:2-3 governing the causal relationship between conduct and result do not apply in a prosecution under this section.
• It is not a defense that the decedent contributed to his own death by reckless or negligent conduct or operation of a motor vehicle or vessel.
• Nothing in this section precludes, if the evidence so warrants, an indictment and conviction for any other offense.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Self-defense or defense of others under N.J.S.A. 2C:3-4 and 2C:3-5, when the force used was reasonable
• Challenging the level of injury the State alleges, which often decides whether a charge is simple or aggravated
• Witness credibility, inconsistent statements, and video that contradicts the complaint
• Lack of the required mental state (purposely, knowingly, or recklessly)
• Suppression of statements taken in violation of Miranda

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Strict Liability Vehicular Homicide charge.

Related charges

• Murder →
• Manslaughter →
• Vehicular Homicide (Death by Auto) →
• Simple Assault →
• Aggravated Assault →
• Assault by Auto →
• Terroristic Threats →
• Stalking →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.