Legal Question in DUI Law in New Jersey
Malicious Prosecution from alleged DUI in NJ? USMC
On a rainy evening my girlfriend was driving us home from a halloween party at 3am. I was drunk and I was not sure of her state but assume she was over the legal limit to be driving. She went to change lanes and lost control and the vehicle struck the median head on and then the passenger side of the car. We were on a major highway still able to be hit by any cars. At the time i beleive i couldnt exit my door so I climbed over her to exit the vehicle and help her out of the car. She was very frantic and I did not want her to be hit by a car by getting out first. I assumed she would be getting a DUI so i decided and told her we should remain quiet and u should get a lawyer. She broke a rib from the steering wheel hitting her ribs. I sustained torn muscle fibers in my right pectorial and shoulder synanomous with wearing a seatbelt in the passenger seat. In addition to my head striking the windshield, cracking it on my passenger side and making a very bloody laceration on top of my head. As my head whipped back a substantial amount of blood covered my passenger head rest and dripped down my shirt and to the seat, as well as splatter into the backseat. My girlfriend had no blood on her nor her driver side of the vehicle and no damage
5 Answers from Attorneys
Re: Malicious Prosecution from alleged DUI in NJ? USMC
I don't understand the Malicious Prosecution you are speaking about. Merely driving while you are intoxicated is grounds for having a DWI charge against you. Your girlfriend definitely needs to hire a lawyer to represent her on the DWI charge. You have, if you want it, a personal injury claim against your girlfriend as well. I am an attorney who has handled many cases similar to this in various courts throughout New Jersey in the past. Please contact me to discuss this matter in more detail. I never charge for simply talking to a person about their case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
Re: Malicious Prosecution from alleged DUI in NJ? USMC
From your explanation I do not see how there is malicious prosecution... Regardless of the injuries caused the fact still remains she may have been driving over the legal limit.
This is what you must address, and ensure all parties involved are best protected from prosecution.
If you would like to hire an attorney to represent you then you may contact our office at 877.2.BYEDWI and selecting to speak with me, carlos gonzalez. You may also visit our site at BYEDWI.COM
Re: Malicious Prosecution from alleged DUI in NJ? USMC
Wow, what a crazy scene. I have a few questions for you, so call me at 732/247/3340 to discuss them.
Re: Malicious Prosecution from alleged DUI in NJ? USMC
Malicious prosecution is a basis for filing a lawsuit where someone is charged with an offense without a reasonable basis for suspecting he committed an offense and the charge is either dismissed or the matter ends with an acquittal. At point one can sue for malicious prosecution.
First one has to prevail against the
offense charged.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Malicious Prosecution from alleged DUI in NJ? USMC
You likely have both a civil claim for money damages and a defense to the criminal matter. You should definitely give our offices a call. You can call me on my direct line: 267.639.3105.
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