Driver’s Comments at Accident Could Be Used against Him, New Jersey Judge Rules
A 26-year-old driver’s statements at the scene of an accident on Route 80 in Roxbury where three people died could be used against him at his trial, Superior Court Judge Salem Ahto ruled. According to an article in the Star-Ledger, Damian D’Aleo’s admissions of drinking beer and driving under the influence of drugs, specifically taking Ecstasy and cocaine before the crash can be used at the trial.
The incident occurred on Sept. 26, 2006 when D’Aleo allegedly rear-ended a Jeep Cherokee, triggering a crash that killed three people. If convicted, D’Aleo faces up to 30 years in prison for each of the three counts of vehicular homicide he faces.
This is one of the worst-case scenarios when it comes to DUI charges. This defendant, if convicted, could spend the rest of his life in prison. This story especially shows that what you say when you get arrested matters. In the United States, the Miranda warning is mandated as a means of protecting a defendant’s Fifth Amendment right to avoid coercive self-incrimination.
If an arresting officer did not inform you of your rights, then anything you say cannot be held against you. But it is difficult to prove in court, which is why you should never admit or say anything that could turn out to be incriminating without the presence of an experienced and knowledgeable New Jersey criminal defense lawyer.
Who you retain as your attorney can sometimes make the difference between life in prison and a life of freedom. If you have been arrested on suspicion of a crime in the state of New Jersey, please call the law offices of Lependorf & Silverstein for a free consultation with one of our experienced New Jersey DWI Attorneys.
