Criminal Homicide/Vehicular Homicide

Question 1

A person is guilty of Strict Liability Vehicular Homicide if he or she causes a homicide by what means?

Answer 1

By driving a vehicle (DUI) or operating a vessel (drunk boating).

Question 2

In NJS 2C:11-5 the phrase “Vehicular Homicide” was changed to what?

Answer 2

Reckless Vehicular Homicide

Question 3

Depending on the circumstances, a driver who causes a Homicide could be charged with what?

Answer 3

Either
Strict Liability Vehicular Homicide 2C:11-5.3
OR
Reckless Vehicular Homicide (Death by Auto or Vessel) 2C:11-5

Question 4

Strict Liability Vehicular Homicide is a crime of what degree?

Answer 4

Third Degree

Question 5

Strict Liability Vehicular Homicide establishes strict Liability for a person driving or operating a vehicle or vessel while what?

Answer 5

Intoxicated or under the influence of drugs

Question 6

2C:11-5.3

Answer 6

Strict Liability Vehicular Homicide

Question 7

What culpability is needed for a person to be guilty of Criminal Homicide?

Answer 7

Purposely
Knowingly
Recklessly
or
Strict Liability

Question 8

What is Criminal Homicide?

Answer 8

MMADD

Murder
Manslaughter (Aggravated Manslaughter)
Death by Auto
or
Death by Vessel

Question 9

Regarding Reckless Vehicular Homicide (Death by Auto) what proof or inferences give rise that the defendant was driving recklessly?

Answer 9

Defendant:

• Fell asleep
• Drove without sleep for more than 24 hours
• Intoxicated
• Drugs
• Cellphone
• Other

Question 10

Whenever a driver with diplomatic immunity is stopped by a law enforcement officer who has probable cause to believe that the driver committed a crime or moving violation, the officer shall do what?

Answer 10

1. Verify the driver’s immunity status with the US Dept. of State (as soon as practicable)
2. Record all relevant info from driver’s license or identification card
3. Forward reports to the Division of Motor Vehicles (within 5 working days)