I have posted many times on the subject of Assault by Auto in DWI cases. Many individuals may think that these types of charges only effect “problem” individuals. This interpretation could not be more off base and, if you read the StarLedger recently, you would have witnessed this first hand. In this regard, a 55 year old woman from Westfield, who never had any problems with the law previously, struck a pedestrian in the parking lot of Lord & Taylor. It later turned out that this driver was driving while intoxicated.
The suspect in this case was originally issued several motor vehicle summonses. Further investigation apparently substantiated probable cause to issue indictable felony charges. As a result, the motorist was arrested this week on a charge of Aggravated Assault. This offense can be very serious and even includes a grade of Second Degree where injuries are serious enough. I would suspect that this charge is Third Degree based on the facts and the bail amount of $20,000, which is in the range of a Third Degree Aggravated Assault. The defendant is definitely in need of a solid Union County Aggravated Assault Attorney as incarceration could be a possibility depending on the seriousness of the injuries involved, the position of the victim on sentencing, and other factors. My real point is that someone from an affluent community, who is otherwise law abiding, can also be the subject of an Aggravated Assault. The poor judgment in getting into her car drunk could lead to severe penalties for this middle aged suspect.