Former WWE Superstar Tammy “Sunny” Sytch Sentenced to 17 Years following fatal DUI in Florida– What to know about serious injury and deadly driving in New Jersey (DUI) and Pennsylvania (DWI)
Recently, former World Wrestling Entertainment (WWE) Hall of Famer Tammy Sytch was sentenced in Florida following her non contest plea to a drunk driving charge. Sytch killed a 75 year old when her vehicle collided with the man’s car. Her Blood Alcohol Concentration (BAC) was four times the legal limit at the time of the incident. An open container of alcohol was also found in her vehicle at the time of the incident.
Prior to this incident, she had previous drunk driving charges in Pennsylvania and Florida. Pennsylvania had actually suspended her driver’s license and she had no Florida license at the time of this incident. Her prior criminal history likely factored heavily into her sentence. She was previously on bail but her bail was revoked following a history of alcohol related incidents
This case presents an opportunity to explain deadly drunk driving charges in New Jersey and Pennsylvania for our clients and their families. Drunk Driving can happen to anyone and our criminal defense law firm has represented clients of all ages and backgrounds in Pennsylvania and New Jersey.
New Jersey
Here are the most common crimes associated with these deadly drunk driving or drunk driving involving serious bodily injury in New Jersey.
Assault by Auto in New Jersey
A typical charge that our law firm encounters in New Jersey are assault by vehicle auto (2C:12-1(c)(1)). If a person is charged with such a crime in New Jersey, he or she is guilty of it when he or she drives a vehicle recklessly and causes either serious bodily injury or bodily injury to another.
It is a crime of the fourth degree if serious bodily injury results and a disorderly person’s offense if just bodily injury results. Keep in mind that if the individual charged was operating a smart phone or cellphone at the time of the incident (39:4-97.3) it may give rise to inference that the Defendant was acting recklessly at the time of the incident.
Assault by vehicle is a crime of the third degree if at the time of the incident the person is under the influence of drugs or alcohol (39:4-50) and serious bodily injury occurs as a result. It is a crime of the fourth degree if only bodily injury results.
Leaving the Scene of an Accident Criminal Charges
Another charge that our firm handles is knowingly leaving the scene of an accident resulting in serious bodily injury or death. It is a crime of the third degree if a person knowingly leaves an accident which results in serious bodily injury to another. While a crime of the third degree normally carries with it a presumption on non-incarceration in New Jersey, that presumption does not apply in these situations (2C:12-1.1)
It is a crime of the second degree to knowingly leave an accident if such accident results in a person’s death under 2C:11-5.1. In addition, the prosecution may still charge the individual with aggravated manslaughter or reckless vehicular homicide.
Vehicular Homicide
When a person is killed, as a result of an accident, the charge would become much more serious in New Jersey under 2C:11-5-Death by Auto. Criminal homicide constitutes reckless vehicular homicide when it is caused by driving a vehicle recklessly.
Proof that a person was operating a cellphone provides an inference of recklessness as well as proof that the persons under the influence (39:4-50) is also proof of recklessness. If a person is convicted of death by auto while DUI in New Jersey, it carries with it a mandatory minimum sentence of at least three (3) years of State incarceration or between one-third or one-half of the sentence imposed, whichever is greater.
Vehicular Manslaughter
Manslaughter in New Jersey under 2C:11-4 is considered aggravated manslaughter when a person acts recklessly under circumstances manifesting extreme indifference of the value of human life or where a person causes the death of another while fleeing or attempting to flee law enforcement.
In all other the cases, criminal homicide constitutes manslaughter only when it is committed recklessly or where is it committed in the heat of passion resulting from reasonable provocation (imperfect self-defense; deadly force without justification). Aggravated manslaughter is a crime of the first degree in New Jersey while manslaughter is a crime of the second degree in New Jersey.
It is also important to understand that manslaughter charges in New Jersey (aggravated assault including) are considered no early release crimes in the Garden State (NERA). This means that a person who is convicted of such crimes will be sentenced to serve 85% of the term imposed before being eligible for parole.
Pennsylvania
Here are the most common crimes associated with these deadly drunk driving or drunk driving involving serious bodily injury in New Jersey.
Homicide by Vehicle While DUI– Title 75 § 3735
Under Title 75 § 3735, homicide by vehicle while DUI is a felony of the 2nd degree (max sentence is 10 years state prison). This felony is committed when a person unintentionally causes the death of another person as the result of a violation of Section 3802 (DUI statute). If a person is convicted under this section, he or she faces a mandatory minimum 3 year state prison sentence and if there are multiple fatalities the sentences would run consecutively as opposed to concurrently (at the same time.)
Homicide by vehicle while DUI is a felony of the 1st degree (20 year max sentence) if a person has a prior conviction for DUI. In this situation a person would face a 5 year mandatory minimum state prison sentence.
Aggravated Assault by Vehicle while DUI – 3735.1
Under this section of the Pennsylvania traffic code (Title 75), any person who negligently causes serious bodily injury to another as the result of a violation of section 3802 commits a felony of the 2nd degree. Unlike homicide by DUI there is no mandatory minimum sentence for this felony offense.
Homicide by Vehicle (NON DUI)– Title 75 § 3732
In addition to DUI felony related offenses, there are also traffic offenses involving homicide and aggravated assault which are graded as felony offenses in Pennsylvania. Under section 3732, a person is guilty of Homicide by Vehicle when he or she recklessly, or with gross negligence, causes the death of another person while in operation or in use of a vehicle. This offense is graded as a felony of the 3rd degree (7 year max) and there is no mandatory minimum associated with this offense.
Aggravated Assault by Vehicle (NON DUI)– 3732.1
Under section 3732.1, a person is guilty of aggravated assault by vehicle when this person recklessly, or with gross negligence, causes serious bodily injury to another person while engaged in the operation of a motor vehicle. This is also graded as a felony of the 3rd degree and carries with it no mandatory minimum sentencing.
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