Being charged with assault by auto after a DUI incident in New Jersey is one of the most serious legal situations a driver can face. A conviction for this offense can bring prison time, large fines, and a permanent criminal record that affects employment, housing, and family life. New Jersey DUI attorney Rachel Kugel (https://thekugellawfirm.com/charged-with-assault-by-auto-understanding-dui-with-injury-in-new-jersey/) of The Kugel Law Firm highlights how quickly a drunk driving charge can escalate when injuries are involved. Prosecutors often pursue these cases aggressively, and the consequences can follow someone for years.
When impaired driving leads to injury, what might seem like a traffic matter becomes a criminal case under New Jersey law. New Jersey DUI attorney Rachel Kugel notes that “being charged with assault by auto after a DUI incident in New Jersey is more than just a serious traffic offense; it’s a criminal accusation that can carry lasting consequences”. In these situations, impairment alone is treated as reckless driving, which can elevate the charge to a felony-level offense. The seriousness of the injury involved often dictates how severe the charges and penalties will be.
For individuals facing these accusations, the presence of a New Jersey DUI attorney like Rachel Kugel can make a meaningful difference. The law defines even minor injuries, such as bruises or soreness, as bodily injury, which can result in fourth-degree criminal charges. More severe injuries, including traumatic brain damage or spinal injuries, can elevate the charge to a second-degree offense carrying lengthy mandatory prison sentences under New Jersey’s No Early Release Act. Rachel Kugel emphasizes that the difference between a minor and major injury often determines whether someone is eligible for diversionary programs or faces mandatory incarceration.
The penalties associated with DUI with injury charges extend far beyond prison sentences. Fines can reach up to $15,000 depending on the degree of the offense, and courts may order restitution for medical expenses, lost wages, and ongoing care. Convictions usually bring license suspensions lasting a year or longer, followed by ignition interlock device requirements. As Rachel Kugel explains, the collateral consequences of a felony record can be long-term, restricting employment opportunities, housing access, and professional licensing. These repercussions make swift legal action critical.
Building a defense in these cases requires challenging every aspect of the state’s evidence. Rachel Kugel points out that police must have reasonable suspicion to initiate a traffic stop, and if that standard is not met, all subsequent evidence can be challenged. Field sobriety tests and breathalyzer results are not always reliable, and inaccuracies in testing or equipment maintenance may weaken the prosecution’s case. Accident reconstruction and medical documentation are also central to questioning whether the alleged injuries meet the statutory threshold for serious bodily harm.
Timing is one of the most important factors in preparing a defense. Rachel Kugel stresses that evidence such as dashcam or police body camera footage and chemical test results can quickly disappear if not collected promptly. Acting early allows a defense team to examine whether another driver’s negligence or other contributing factors played a role in the accident. This can shift responsibility away from the accused and open the possibility of reduced charges.
Facing assault by auto charges connected to a DUI is not the same as a standard drunk driving case. Prosecutors often push for the maximum penalties, especially in cases involving significant injury. Rachel Kugel and The Kugel Law Firm focus on presenting mitigating factors such as a clean prior record, lack of intent, or questionable evidence to pursue alternative outcomes. In many cases, these efforts can lead to reduced charges or even eligibility for diversionary programs.
The seriousness of DUI with injury charges in New Jersey requires immediate and informed legal defense. Rachel Kugel underscores that every case has unique circumstances, and early intervention often provides the best chance of limiting the damage and protecting future opportunities. Those facing these charges should not delay in seeking legal representation, as the outcome can affect not only freedom but also long-term stability in nearly every part of life.
About The Kugel Law Firm:
The Kugel Law Firm, led by attorney Rachel Kugel, represents individuals facing DUI charges and related criminal matters throughout New Jersey. The firm is committed to providing strong defense strategies that protect rights and work toward the best possible outcomes.
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