The now suspended Lodi High School teacher who last year was drinking and driving and crashed into Bergen County Police Officer Daniel Breslin s police cruiser, is seeking to have evidence withheld. His attorney is looking to have evidence regarding the DWI not brought into court. Last year Michael Ettz was indicted on a crime of the second degree of aggravated assault, assault by auto while driving intoxicated, and leaving the scene of an accident, which are crimes of the third degree. Michael Ettz never had a formal interview with investigators, though he made various statements. Assistant Bergen County Prosecutor Martin Delaney told the judge that Michael Ettz attorney must first make a list of statements that will be brought into court.
Under N.J.S.A. 2C:12-1b which is aggravated assault. It involves the attempt or completion of harming another individual. It can involve the sue of a weapon, and also involves having a high indifference to the value of human life. It is a stratified scale of the type of charge. In this instance it was a crime of the 2nd degree, which if found guilty a person will be looking at 5 to 10 years in New Jersey State Prison.
Under N.J.S.A. 2C:12-1c which is assault by auto. It involves the use of a vehicle in the act of causing serious bodily injury or harm to another person. It is a crime of the 3rd degree when a person is intoxicated while committing this crime. A crime of the 3rd degree is punishable by 3 to 5 years in New Jersey State Prison.
Under N.J.S.A. 39:4-129 which is leaving the scene of an accident. It involves the act of getting into a car crash and abruptly leaving the scene of an accident. It is a crime of the 3rd degree, and if found guilty a person will be looking at 3 to 5 years in New Jersey State Prison.
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