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cases to prove a vehicular homicide case
a prosecutor must demonstrate that not
only did an individual who’s charged not
only did he commit an act which resulted
in the death of a pedestrian driver of
another car or any other individual
but basically you must prove that that
the actions of the defendant were
Reckless an example of recklessness
would be of course uh if the blood
alcohol if the person was drunk had a
very high blood alcohol which it was
determined it was concluded ended up in
in the incident the accident that killed
another one or more individuals that is
an example of recklessness however it’s
not limited to drunk driving if one is
uh for instance in many cases you’ll
hear about uh drag racing where two
younger people are involved in a private
area they think was a private area but
obviously a public Street their drag
racing in a very excessive speeds and as
a result someone either a driver a
pedestrian or another uh another vehicle
driver is killed that also is considered
to be Reckless conduct something more
than negligent more than a violation of
care of due care it’s acting under
circumstances where they’re indifferent
to the safety and and health of others
that’s reckless conduct and it’s an
essential element of a vehicular
homicide you know if someone
deliberately drove a car at someone else
to kill them which there’s been
allegations like that that obviously is
more than Reckless that’s intentional
conduct and there can be criminally
negligent homicide in certain cases but
chiefly it’s either Reckless or
intentional conduct by the driver that
and that results in the death of another
individual
Morristown, NJ criminal defense lawyer Blair R. Zwillman explains what the prosecution needs to prove in a New Jersey vehicular homicide case.