A person may be found guilty of assault by auto or boat when that person causes either serious bodily injury or bodily injury to another by driving recklessly or purposely. To be convicted of assault by auto, the State may only have to prove that you drove a vehicle or vessel recklessly rather than purposely. This means that the State must prove beyond a reasonable doubt that you were aware that you were operating a vehicle or vessel in such a manner or under such circumstances that created a substantial and unjustifiable risk of bodily injury or serious bodily injury to another person. Further, the State must prove beyond a reasonable doubt that you consciously disregarded this risk and that the disregard of the risk was a gross deviation from the way a reasonable person would have conducted themselves under the circumstances.
Use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway is illegal, unless the telephone or device is used hands-free. The operator of the motor vehicle is also obligated to exercise reasonable caution in the operation of the motor vehicle. Proof that you were illegally operating a hand-held wireless telephone (a.k.a. cell phone) while driving a motor vehicle may give rise to an inference that you were driving recklessly and lead to a conviction for assault by auto. Recklessness is also conclusively established for purposes of assault by auto if you are convicted of drunk driving or refusing to submit to a breath test under New Jersey law.
