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Drunk driving crashes can result in both criminal and civil liability

On Behalf of | Jun 2, 2022 | Drunk Driving |

Drunk driving is taken very seriously in the state of New Jersey. Thus, it is a top priority for law enforcement across the location. If an impaired driver injures someone else during a collision, there are likely to be numerous consequences. They could be arrested or subjected to civil proceedings. 

While some people may think that this violates the double jeopardy exclusion in the Constitution, it doesn’t. It’s possible to face a criminal case and a civil case for the same crash.

Why is it possible for two cases to happen?

A criminal case is aimed at punishing a person for breaking the law. This includes penalties like incarceration and fines. These cases can be resolved through a plea deal or trial. When a person pleads guilty or is found guilty, the judge hands down a sentence based on the circumstances of the case.

A civil case is aimed at the victim of the crash getting compensation for the effects of the wreck. They can seek damages for things like medical bills and missed wages. Incarceration and criminal penalties aren’t generally applicable in this type of case.

It’s imperative that anyone who’s been involved in a drunk driving crash understands their options. Whether you’re the victim or the person who’s accused of impaired driving, you need to understand what to do. Working with someone who’s familiar with these cases is beneficial since they can guide you through the process and ensure that your legal rights are upheld.