Hit-and-Run Accidents Involving DWI
Your Rights When Accused of a Hit-And-Run DWI Accident
If you are accused of a hit-and-run accident involving DWI, it’s important to remember that you have an absolute right to remain silent. You should not talk to police, family members or anyone else about the accident before you speak with an attorney. Statements you make to your lawyer are protected by lawyer-client confidentiality. Statements you make to any other person may be used as evidence against you.
I am John W. Tumelty, an Atlantic City DUI defense lawyer with more than 30 years of experience. For a free initial DWI consultation, call me at 609-390-4600. I can be reached 24 hours a day, seven days a week.
Defending You From Criminal Charges
If you are accused of walking or driving away from an accident scene in order to evade blood alcohol testing or for any other reason, you can be charged with the criminal offense of leaving the scene of an accident involving injuries. This immediately changes a DWI case to serious felony charges.
Do I Have a Defense?
To successfully prosecute a hit-and-run charge in New Jersey, the state must prove a number of points, including:
- That it was you who was operating the vehicle
- That you knew or should have known that an accident occurred
If the police believe you recklessly caused an injury accident by driving drunk, you can be charged with assault by auto, a serious felony. To prosecute you, the state will need to prove not only that you were drunk, but your actions were the proximate cause of the accident. If the other driver caused the accident (for example, by running a red light), you can be charged with DWI but not with assault by auto.
Contact Atlantic County DWI Lawyer John W. Tumelty
For a free initial consultation about hit-and-run accidents involving DWI, contact me at 609-390-4600, Cape May County DWI attorney John W. Tumelty. I have offices in Somers Point and Ocean City, New Jersey.
