New statute - unlawful use of a cell phone while driving can be proof of recklessness in death by auto and assault by auto cases

By Darren M. Gelber |   Aug. 14, 2012

A new law in New Jersey will make it easier for prosecutors to prove guilt in death by auto and assault by auto cases where the driver's use of a cell phone was involved. Under existing law, a person who operates a motor vehicle "recklessly" and causes the death of another person, or injury to another person, is subject to prosecution for death by auto, or assault by auto. The key element in any such prosecution is whether the accused was driving "recklessly." Under New Jersey's criminal code:

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Topics : traffic, Evidence Rules | 2 Comments Read More

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