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Leaving the Scene of an Accident – Criminal Charges

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Paramus NJ Leaving the Scene of an Accident Defense Attorneys 

Criminal and DWI Defense Lawyers in Bergen County, New Jersey

The Tormey Law Firm is comprised of a team of talented criminal defense and drunk driving (DWI) attorneys with years of experience representing clients charged with criminal and traffic offenses, including driving while intoxicated (DWI), driving with a suspended license, and eluding in Bergen County and throughout New Jersey, including in Saddle Brook, Elmwood Park, and Ridgewood. With offices conveniently located in the center of Hackensack’s criminal justice complex, Mr. Tormey and his fellow attorneys appear in courts throughout Bergen County on a daily basis, utilizing their detail-intensive approach and well-founded reputations to achieve the best possible results for their clients. To speak with one of these distinguished legal advocates at no cost, contact the Hackensack, New Jersey offices of The Tormey Law Firm at (201)-330-4979. Free consultations are always provided and we pride ourselves on providing immediate assistance.

 

Leaving the Scene of an Accident: Criminal Charges in New Jersey 

Leaving the scene of an accident can be a criminal and/or motor vehicle violation in New Jersey. The criminal charge is governed by N.J.S.A. 2C:12-1.1, which provides:

§ 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.

 

Penalties for Leaving the Scene of an Accident Criminal Charges in New Jersey

As the above statute details, knowingly leaving the scene of a motor vehicle accident which results in personal injury to another is a third degree crime in New Jersey. Further, the presumption of non-incarceration does not apply, meaning that you are facing between three (3) and five (5) years in New Jersey State Prison even if you have no prior record. These penalties are in addition to any criminal charges for assault by auto or vehicular homicide.

 

Call the Tormey Law Firm in Hackensack, NJ Today for a Free Consultation

For additional information and a free consultation about your leaving the scene of an accident charges, please contact us anytime at (201)-330-4979, or use our online contact form. Our Hackensack office is conveniently located in the heart of Bergen County, just steps from the Hackensack Municipal Court and Bergen County Superior Court. One of our criminal defense attorneys will be happy to discuss your case over the phone or to schedule an appointment to meet with you in person.

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Excellent attorney, highly recommend his talents

"I was facing serious trouble for marijuana possession. Was looking at probation, loss of driving privileges and even jail time. Travis's great knowledge of his clients constitutional rights"

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NJ Criminal Law Video Library

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.