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  1. #1
    Join Date
    Sep 2018
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    1

    Default Charges for Drunk Driving and Hitting a Pedestrian

    My question involves criminal law for the state of: new jersey.
    So many years ago I was arrested for drunk driving, I crashed my car, got booked, license suspended the whole nine. I have not since done that thank god. Now my concern is if I hit a pedestrian and they were hurt or killed but they didn't find out until after my hearing, can the authorities come back and Re charge me with a more serious charge? I assume they would have found if this happened that night. This is two decades ago and I know it sounds crazy. But I need peace.

  2. #2
    Join Date
    Oct 2016
    Posts
    2,765

    Default Re: Charges for Drunk Driving

    I can't possibly imagine that there is any chance at all that there is some unknown person out there that you killed two decades ago that remain unsolved.

  3. #3
    Join Date
    Mar 2013
    Posts
    16,766

    Default Re: Charges for Drunk Driving

    Quote Quoting Mike251
    View Post
    Now my concern is if I hit a pedestrian.
    DID you hit a pedestrian?

    Even if you were too drunk to know, you would have been told soon enough.

  4. #4
    Join Date
    Oct 2016
    Posts
    1,116

    Default Re: Charges for Drunk Driving

    It almost sounds like he's asking about a situation where he hits a pedestrian NOW, and if the past DUI could come back and bite him.

    I don't know, he needs to come back and better explain what he's actually asking.

  5. #5
    Join Date
    Sep 2010
    Posts
    18,914

    Default Re: Charges for Drunk Driving

    I think the initial interpretation was correct when he referred to it happening "that night."

    Generally, the double jeopardy clause of the fifth amendment prohibits such things. In fact, even if you had been convicted only for a traffic violation, it would likely preclude recharging,

    For NJ details, try State v. Dively 92 NJ 573 (1983).

    For SCOTUS views on this try Blockburger v. United States, 284 U.S. 299, 52 S. Ct. 180, 76 L. Ed. 306 (1932).
    Illinois v. Vitale, 447 U.S. 410, 100 S. Ct. 2260, 65 L. Ed. 2d 228 (1980)
    Brown v. Ohio, 432 U.S. 161, 97 S. Ct. 2221, 53 L. Ed. 2d 187 (1977),

  6. #6
    Join Date
    Oct 2016
    Posts
    2,765

    Default Re: Charges for Drunk Driving

    What is one were to be impaired for a long drive. Say between two neighboring towns. In town A hit and kills a person. Miles latter in town B he runs into a light pole and is arrested, tried and sentenced for the DUI. The death in town A later comes to light. Double Jeopardy surely wouldn't come into play in there.

    Now substitute "town" in that with "neighborhood". Double Jeopardy?

    And for the mental health of the OP, this is a purely academic issue at this point. My thought that you are in the clear hasn't changed.

  7. #7
    Join Date
    Sep 2010
    Posts
    18,914

    Default Re: Charges for Drunk Driving

    I agree, PG.

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