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Leaving the Scene of an Accident – Traffic Violation

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Garfield NJ Leaving the Scene of an Accident Defense Lawyers

Bergen County NJ Criminal and DWI Defense Attorneys

At the Tormey Law Firm in Bergen County, New Jersey, our seasoned criminal defense and drunk driving (DWI) attorneys have years of experience representing clients charged with criminal and traffic offenses, including driving with a suspended license, driving without insurance, and reckless driving throughout New Jersey, including in Mahwah, Hackensack, and Central Bergen Municipal Court. 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, employing their specifically-formulated defense strategies to achieve the most desirable outcomes for their clients. To speak with one of these talented defense lawyers free of charge, contact the Hackensack, New Jersey offices of The Tormey Law Firm at (201)-330-4979. Initial consultations are always provided at no cost and we are always available to answers your questions.

 

Leaving the Scene of an Accident Motor Vehicle Violations in New Jersey: N.J.S.A. 39:4-129

Leaving the scene of an accident can be a criminal and/or motor vehicle violation in New Jersey. The motor vehicle violation is governed by N.J.S.A. 39:4-129, which provides:

§ 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 Traffic Violations in New Jersey

As the above statute details, the penalties for leaving the scene of an accident, in violation of N.J.S.A. 39:4-129, are contingent upon a variety of circumstances, including whether there was only damage to the vehicle or if someone was injured or killed as a result of the accident. Leaving the scene of an accident penalties include:

Damage only: First offense

  • Fine: $200.00 to $400.00
  • Jail: Up to 30 days
  • License Suspension: Six (6) months
  • License Points: Two (2) motor vehicle points

Damage only: Second offense

  • Fine: $400.00 to $600.00
  • Jail: 30 to 90 days
  • License Suspension: One (1) year
  • License Points: Two (2) motor vehicle points

Personal Injury or Death

  • Fine: $2,500.00 to $5,000.00
  • Jail: 180 days in the county jail (if death or injury to another person)
  • License Suspension: First offense, one-year license suspension; Second offense, permanent license forfeiture
  • License Points: Eight (8) motor vehicle points

 

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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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.