New Jersey Hit & Run Lawyer

Leaving the Scene of an Accident

Knowingly leaving the scene of an accident in New Jersey carries extremely serious consequences. Under N. J. S. A. 39:4-129 the penalties are serious for the motor vehicle offense of leaving the scene of an accident, and if the accident resulted in bodily injury or death, the driver responsible could be charged with an indictable offense carrying a potential prison sentence. The following discussion concerns only the motor vehicle offense of leaving the scene of an accident.

New Jersey motor vehicle law imposes a detailed set of obligations on the driver of a vehicle who is knowingly involved in an accident. The following is a summary of some of the statute's requirements. The driver's obligations vary with the consequences of the accident; that is, whether someone was injured or killed, or whether the accident caused only property damage. In all instances the driver must stop, return to the accident scene and, at a minimum, provide his or her driver's license and vehicle registration to the police. The driver must also provide identifying information to anyone injured in the accident, to the owner of any property damaged, and to anyone who witnessed the accident.

The driver is also obliged to assist anyone injured in the accident and arrange for the provision of medical assistance to an injured person if it is apparently needed or requested. In general terms, the driver of a vehicle knowingly involved in a collision damaging either an unattended vehicle or unattended property must, if possible, notify the property owner or; if that cannot be done, he or she must notify the police. The statute details exactly what steps are to be taken in all of these cases.

The law puts a substantial burden on the driver or, depending on the circumstances, on the registered owner of a vehicle involved in an unreported accident. For example, the law allows a court to infer that a driver involved in an accident resulting in injury or death to any person or damage in the amount of $250 or more had knowledge that he or she was involved in such an accident. Similarly, the law allows a Court to infer that a vehicle's registered owner was operating the vehicle at the time of the accident.

For the purpose of enforcing this statute, it is not a defense that the vehicle operator was unaware of the existence or extent of personal injury or property damage caused by the accident, as long as the operator was aware that he or she was involved in an accident. While these presumptions can be rebutted with contrary evidence, the law puts the burden on the person charged to do so. Also, the law extended the statute of limitations for this motor vehicle charge. Motor vehicle violations usually have a 30 day statute of limitations. However, the statute of limitations is one year for a charge of leaving the scene of an accident. If you are accused of the traffic charge of hit and run, a proven New Jersey traffic ticket attorney can pursue a strategic defense to have charges dismissed or minimized.

Penalties for Hit & Run

The penalties for leaving the scene of an accident include substantial fines and mandatory loss of driving privileges. For a first offense, if only property damage was involved, a $200 to $400 fine must be imposed, the operator's driving privileges must be suspended for 6 months, and a 30 day jail sentence may also be imposed. Subsequent convictions require a $400 to $600 fine, a mandatory one year loss of driving privileges, and a possible 30 to 90 day jail sentence. If the accident involved injury or death, a $2,500 to $5,000 fine is required, and the operator's driving privileges must be suspended for one year for the first offense, and permanent driver's license forfeiture is required for any subsequent conviction. A 180 day jail term may also be imposed if someone other than the person charged was injured or killed in the accident.

If the incident took place in a construction zone, safe corridor zone, or in a 65 MPH speed zone, the statutory fine must be doubled. Also, a conviction involving only property damage will cause the Motor Vehicle Commission (MVC), formerly known as the Department of Motor Vehicles (DMV), to assess 2 motor vehicle points against the driver's license. However, if the conviction involved death or bodily injury, 8 motor vehicle points will be assessed, automatically requiring the payment of a yearly surcharge.

At The Law Offices of Allan Marain, we know that defending a motor vehicle charge of leaving the scene of an accident requires a very careful examination of all evidence bearing upon the elements of the charge, to see if the state can prove its case. Among the issues to be examined is the identity of the driver. The state must prove that the person charged was driving the vehicle in question. Since the charge is frequently brought after the suspect vehicle left the scene, the operator's identity can be in dispute. Also, since the state must prove that the driver "knew" he or she was involved in an accident, all of the circumstances surrounding the accident must be carefully examined for either direct or circumstantial evidence bearing on knowledge or lack of knowledge of the accident.

If the prosecution rests on property damage rather than personal injury, then the nature and degree of the damage must be carefully examined to see if it is more than trivial, since the degree of damage may provide a defense in this circumstance. Also, if the driver charged stopped and returned to the scene, then evidence concerning what he or she did there and did thereafter must be carefully examined to see if the statute's requirements had in fact been met.

The defense of a leaving the scene of an accident charge requires a careful examination of any documents detailing the police account of the incident and all of the circumstances surrounding the charge from the point of view of the person charged. If after doing this it is determined that the police may not be able prove the charge, a trial may be warranted. However, if it is determined that for whatever reason it would be best to avoid a trial, then alternate resolutions that avoid or minimize the penalties described above should be explored. We have seven decades of criminal defense experience involving thousands of cases. We are well equipped to represent clients charged with DWI, breath test refusals, underage DWI, reckless driving and driving without insurance or a license. We care about our clients and will advocate tirelessly on your behalf.

Only by consulting with a lawyer can all of your questions be answered and valid legal advice given. The above information does not constitute legal advice but is provided to give an outline of the offense and penalties associated with it.

If you have been charged with leaving the scene of an accident, contact a New Jersey hit & run lawyer to seek a reduction or dismissal of charges.