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Leaving the Scene of an Accident
Edison NJ Leaving the Scene of an Accident Defense Lawyers
If you have been charged with Leaving the Scene of an Accident or Failure to Report an Accident in Middlesex County New Jersey, including Edison, the experienced defense lawyers at Marshall Bonus Proetta & Oliver can help. Our criminal firm has over 100 years of experience between the attorneys on our staff, including considerably time serving as prosecutors both in and outside of the county. We have also successfully defended hundreds of recipients of a summons or ticket for leaving the scene of an accident in Edison, Woodbridge, East Brunswick, South Brunswick and other towns in the region. If you would like to speak to a lawyer about your offense, call our Woodbridge Office at 732-634-0700. The consultation is free of charge.
Charged With Leaving the Scene of an Accident in Woodbridge NJ or Elsewhere in Middlesex County
All leaving the scene of an accidents tickets issued in Woodbridge are based on an alleged violation of N.J.S.A. 2C:12-1.1 and/or N.J.S.A. 39:4-129. The 2C criminal offenses must be handled at the Superior Court or “County” level whereas the Title 39 violation is a motor vehicle infraction. Both forms of this offense carry significant penalties in the event that you are convicted. The precise language of each law is as follows:
§ 2C:12-1.1. Knowingly leaving scene of motor vehicle accident resulting in serious bodily injury, third degree crime
A motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the provisions of N.J.S.A. 39:4-129 shall be guilty of a crime of the third degree if the accident results in serious bodily injury to another person. The presumption of non-imprisonment set forth in N.J.S.A. 2C:44-1 shall not apply to persons convicted under the provisions of this section.
If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated assault or assault by auto under the provisions of N.J.S.A. 2C:12-1.
Notwithstanding the provisions of N.J.S.A. 2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for aggravated assault or assault by auto under the provisions of N.J.S.A. 2C:12-1 and a separate sentence shall be imposed upon each conviction.
Notwithstanding the provisions of N.J.S.A. 2C:44-5 or any other provisions of law, whenever in the case of such multiple convictions the court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively.
For the purposes of this section, neither knowledge of the serious bodily injury nor knowledge of the violation are elements of the offense and it shall not be a defense that the driver of the motor vehicle was unaware of the serious bodily injury or provisions of N.J.S.A. 39:4-129.
Most leaving the scene of an accident charges are based on a violation of N.J.S.A. 39:4-129 and are handled in a municipal court like the one in Woodbridge. The law governing this variety of leaving the scene provides, in pertinent part, that:
§ 39:4-129. Action in case of accident
(a) The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person shall immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in every event shall remain at the scene until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $ 2,500 nor more than $ 5,000, or be imprisoned for a period of 180 days, or both. The term of imprisonment required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted of violating this section.
In addition, any person convicted under this subsection shall forfeit his right to operate a motor vehicle over the highways of this State for a period of one year from the date of his conviction for the first offense and for a subsequent offense shall thereafter permanently forfeit his right to operate a motor vehicle over the highways of this State.
(b) The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle, including his own vehicle, or other property which is attended by any person shall immediately stop his vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than $ 200 nor more than $ 400, or be imprisoned for a period of not more than 30 days, or both, for the first offense, and for a subsequent offense, shall be fined not less than $ 400 nor more than $ 600, or be imprisoned for a period of not less than 30 days nor more than 90 days or both.
In addition, a person who violates this subsection shall, for a first offense, forfeit the right to operate a motor vehicle in this State for a period of six months from the date of conviction, and for a period of one year from the date of conviction for any subsequent offense.
(c) The driver of any vehicle knowingly involved in an accident resulting in injury or death to any person or damage to any vehicle or property shall give his name and address and exhibit his operator’s license and registration certificate of his vehicle to the person injured or whose vehicle or property was damaged and to any police officer or witness of the accident, and to the driver or occupants of the vehicle collided with and render to a person injured in the accident reasonable assistance, including the carrying of that person to a hospital or a physician for medical or surgical treatment, if it is apparent that the treatment is necessary or is requested by the injured person.
In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under this subsection, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (a) and (b) of this section, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of the local police department or of the county police of the county or of the State Police and submit thereto the information specified in this subsection.
(d) The driver of any vehicle which knowingly collides with or is knowingly involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or, in the event an unattended vehicle is struck and the driver or owner thereof cannot be immediately located, shall attach securely in a conspicuous place in or on such vehicle a written notice giving the name and address of the driver and owner of the vehicle doing the striking or, in the event other property is struck and the owner thereof cannot be immediately located, shall notify the nearest office of the local police department or of the county police of the county or of the State Police and in addition shall notify the owner of the property as soon as the owner can be identified and located. Any person who violates this subsection shall be punished as provided in subsection (b) of this section.
(e) There shall be a permissive inference that the driver of any motor vehicle involved in an accident resulting in injury or death to any person or damage in the amount of $ 250.00 or more to any vehicle or property has knowledge that he was involved in such accident.
Penalties for Leaving the Scene of an Accident in NJ. In New Jersey, the penalties for leaving the scene of an accident are severe. You can face a fine as high as $5000 for a first offense depending on the circumstances of the accident. You may also be imprisoned for a period of 180 days if the accident resulted in death or injury to another person. The statute also requires that the individual forfeit their NJ Motor Vehicle license for a period of one (1) year for a first offense and permanently for a second offense. The penalties are even more serious if you are convicted of the criminal version of leaving the scene of an accident. You face up to 5 years in state prison and a fine that can reach $15,000.
East Brunswick Leaving the Scene of an Accident Attorney
Over 17,000 motor vehicle offenses were written in East Brunswick last year (2015-16) including violations for leaving the scene of an accident. If you were charged with a 39:4-129 offense in East Brunswick Township, we have what you need to avert a conviction. We have defended many charged in this manner with success and are prepared to accomplish the same for you. Contact our East Brunswick Office anytime 24/7 for a free consultation by calling 732-227-1200.