Should You Admit Wrongdoing After A Fatal DWI In Bergen County?
A fatal crash can be a distressing experience – especially if you have been accused of causing it. When you find yourself in this situation, you might be tempted to admit guilt and accept that you are to blame for the fatality. But is this really the right move? Should you immediately accept the blame for the accident? How does this affect your legal situation after a fatal DWI in Bergen County? Should you speak with a DWI defense attorney before making these kinds of statements?
Avoid Making Any Statements to Police After Your Arrest
Even if you believe that you were to blame for a fatal DWI, you should avoid making any unnecessary admissions immediately after your arrest. You have the right to remain silent in this situation, and you may want to exercise this right until the facts become clearer. In addition, you should know that any statements you make in the presence of police officers can and will be used against you. This is something every arresting officer is required to inform you of while reading your Miranda Rights.
Eventually, you have the right to speak with a defense attorney about the circumstances of the fatal crash. It is best to wait and discuss your situation with a legal professional. During this consultation, you may inform your lawyer that you believe you were to blame. Your lawyer is not allowed to repeat this information to anyone else due to strict attorney-client privilege.
Should You Plead Guilty or Not Guilty to a Fatal DWI in New Jersey?
During your consultation with a defense lawyer, you may discuss whether to plead guilty or not guilty. This is completely your decision, but your attorney may advise certain courses of action. If the evidence laid against you seems compelling, a guilty plea may be more appropriate. However, this evidence may be less clear – and your lawyer may be able to question it. For example, the Breathalyzer test might not have been properly calibrated before you blew into it.
If you choose to plead guilty, you can pursue a “plea deal.” This is when you agree to plead guilty in exchange for a more lenient sentence. However, fatal DWIs are serious crimes – and even a lenient sentence may involve a long period in prison. For example, a driver recently pleaded guilty to a fatal DWI in Bergen County and received up to six years in prison. While this might seem like an excessive penalty, the maximum sentence for this offense can be up to 20 years in prison.
Can a DWI Defense Attorney Help After a Fatal Crash in Bergen County?
If you have been accused of causing a fatal DWI in Bergen County, consider exercising your right to remain silent. When you have the opportunity, call an experienced DWI defense attorney and discuss your next moves alongside a legal professional. Despite your fears, you may not have actually caused the crash. Other factors may have contributed to the accident, and you may not need to accept the blame. For more information and guidance, contact Phillip J. Murphy, Attorney at Law today.
Sources:
nj.com/bergen/2025/01/driver-sentenced-to-prison-in-dwi-crash-that-killed-nj-entrepreneur.html
nj.gov/oag/dcj/agguide/dwi2005-penaltytable.pdf
