Vehicular manslaughter trial begins in Monmouth County
It is a lot of fun to try cases but it is also entertaining to see how other trials unfold and the trial techniques of other attorneys around the State of New Jersey. A trial began yesterday at the Monmouth County Superior Court in Freehold, New Jersey which involves a drunk driving crash which took the life of the victim who was riding on a motorcycle. The defendant is charged with vehicular homicide, aggravated manslaughter, eluding police, aggravated assault, and other charges in connection with an October 7, 2007 which resulted in the death of one man. In this case, the defendant was unlicensed and running from the police in a high speed chase when he collided with a man on a motorcycle who did not survive the crash. According to the Asbury Park Press article, the defendant's blood alcohol content (BAC) was .11%. The legal limit in New Jersey is .08%. However, the defense argued that the victim was at fault because the victim was also drunk driving and his blood alcohol contect (BAC) was .145%. The defense argued in their opening statement that the victim could have avoided the accident if he wasn't driving under the influence of alcohol. The assistance prosecutor for Monmouth County showed videotape footage of the accident which apparently effected the jury immensely.
From a defense attorney's perspective, this looks like a very difficult case for the defense to win. Whether or not the other driver was under the influence, the defendant was running from the police at a high rate of speed and crashed into the victim who did not survive. I will be very surprised if the State does not get a guilty verdict from the jury in this case. We will see how this trial turns out.
