If you have been charged with leaving the scene of an accident in New Jersey, it is important to contact an experienced attorney immediately. A conviction carries very serious consequences and several factors could increase the severity of the penalties you will receive.
Contact our law firm to consult with an experienced New Jersey traffic ticket attorney who can explain how we can help you resolve your case with the best possible outcome.
N.J.S.A. 39:4-129 – Leaving the Scene of an Accident
Under N.J.S.A. 39:4-129, if you fail to stop after being involved in a motor vehicle accident, you may be found guilty of leaving the scene of an accident, also referred to as a hit and run. There are very specific steps that you must take when you are involved in an accident that causes either property damage and/or personal injury to another.
Among other things, the law states that you must promptly exchange insurance and contact information with the other driver(s). Also, where there is personal injury, the police must be contacted either by calling them to come to the scene of the accident or by going to the nearest police precinct for an accident report to be written.
Many of the other requirements don’t necessarily conform to a person’s instinctive understanding of what should be done when involved in an accident, despite their best intentions. Nevertheless, you will be strictly held to what the laws require in these situations.
Leaving the scene of an accident can either be charged as a traffic violation or felony offense in New Jersey, depending on whether or not the accident resulted in the injury or death of another. Moreover, the severity of the punishment you will receive if convicted will also depend on your prior history.
Penalties for Leaving the Scene of an Accident in New Jersey (Non-Injury)
If you are convicted for leaving the scene of an accident that resulted in property damage only, the possible penalties are as follows:
For a First offense:
- Up to 30 days in jail
- A mandatory 6-month suspension of your driver’s license
- $200 – $400 in fines
For a second offense:
- A minimum of 30 days and a maximum of 90 days in jail
- $400 – $600 in fines
- A mandatory suspension of your driver’s license for 1 year
Penalties for Leaving the Scene of an Accident in New Jersey (Injury)
Leaving the scene of an accident that resulted in injury or death is an even more serious offense and carries more severe penalties, including:
For a First offense:
- $2500 – $5000 in fines
- Up to 180 days in jail
- A mandatory suspension of your driver’s license for 1 year for a first offense. A lifelong loss of your driver’s license for a second offense
Bear in mind, the resulting personal injury can be anything, even as simple as a backache.
What you also need to be aware of is that knowingly leaving the scene of an accident that resulted in the injury or death of another is also a felony offense under NJSA 2C:12-1.1, punishable by 3 – 5 years in prison and a $15,000 fine.
Additional Consequences for Leaving the Scene of an Accident in New Jersey
In addition to the fines and penalties listed above, you will also be assessed 2 points against your driving record for an incident that involves damage to property only, and 8 points for an incident that also involves injury or death.
Furthermore, if you have accumulated 6 points or more against your driving record, you will be required to pay a surcharge of $150 (and an additional $25 for each point over 6) each year, for three years.
What’s more, a conviction for leaving the scene of an accident, which is considered risky behavior, can result in your insurance premiums increasing by as much as 85%
Defenses to Leaving the Scene of an Accident in New Jersey
As serious as leaving the scene of an accident is, many people are wrongly charged. This might apply to you if someone else was driving your car when the accident in question occurred.
Also, you may have been totally unaware that you hit something or someone, perhaps because you didn’t hear or feel it when it happened.
In other cases, you may have been aware that you hit something or someone, but were afraid to stop because the other motorist was extremely irate, an angry mob began to form, or because you were otherwise afraid for your safety.
If you are in one of these situations, consult with an experienced attorney who can evaluate the circumstances of your accident and let you know what viable options you have. Even if you are unable to get the charge dismissed, your attorney may be able to negotiate a plea agreement that will minimize the consequences of a conviction.
Call an Experienced New Jersey Traffic Ticket Attorney Today!
It is important that if you are ticketed for leaving the scene of an accident, you contact an experienced attorney. In certain cases, leaving the scene of an accident in New Jersey can result in criminal charges and a lifelong suspension or your driver’s license.
Contact an experienced traffic ticket attorney in New Jersey before it is too late. We can offer great assistance and lower the chances of any license suspension or criminal record.