NJ: Leaving the Scene of an Accident - When You Knowingly Leave a Motor Vehicle Accident

Wondering what the potential penalties are for leaving the scene of an accident in NJ? If you have been charged with leaving the scene of a motor vehicle accident in New Jersey in violation of N.J.S.A. 39:4-129, you may face fines ranging from $200 up to $15,000 and penalties of driver’s license suspension and up to 180 days in jail. The penalties you are faced with will depend on whether or not there was an injury involved and/or the extent of any property damage involved in the accident. Still, conviction for leaving the scene of an accident involves mandatory license suspension (ranging from six months to a year) for the first offense. It is very important to contact an experienced lawyer to represent you, if you have been charged with leaving the scene of an accident in New Jersey. Jonathan Marshall, a former prosecutor in New Jersey, is a criminal defense lawyer and he and his associates have experience in handling serious motor vehicle offenses, including leaving the scene of an accident.

Here’s How NJ Laws Work When Charged with Leaving the Scene of an Accident

Leaving the scene of a car accident without fulfilling your obligations to the other driver is also known as hit and run. According to the traffic laws and criminal code of the state of New Jersey, leaving the scene of an accident may constitute both a traffic violation and a criminal act. You can face civil penalties, criminal penalties, or both if you leave the scene without first identifying yourself to the other driver and making sure that any injured people get medical attention. The worst cases of hit and run involve fatality crashes where the at-fault driver was traveling much faster than the speed limit and was under the influence of alcohol or drugs, but the circumstances do not have to be that extreme for you to get criminal charges for hit and run. If you cause an accident where someone gets injured and you do not stay at the scene until the injured people are safely receiving medical care, you can get prison time, in addition to other penalties.

In order for the State to prove a leaving the scene of an accident charge, they must show that the driver was knowingly involved in an accident. What this presumes is that the State can also prove operation, which is usually established by witness testimony or admissions made by the accused. “Knowingly” involved in an accident means that the driver was actually aware that he was involved in an accident or, that given the circumstances, he reasonably should have been aware that an accident had occurred. A person acts knowingly with respect to the result of his conduct if he is aware that it is practically certain that his conduct will cause such a result. It should also be kept in mind that in those instances where the prosecutor is seeking to impose penalties based on personal injury or significant property damage, those elements must also be established in order to convict. The law and standard for proving a charge of leaving the scene of an accident charge is illustrated in the New Jersey case of State v. Kay.

Please contact the Law Offices of Jonathan F. Marshall for a free initial consultation with an experienced traffic ticket defense lawyer.

Leaving The Scene Of an Accident Lawyer

If you have been charged with leaving the scene of an accident involving serious bodily injury or death in NJ, then consult with a criminal defense attorney. These professionals can help you become fully aware of your legal rights and how you could avoid a conviction. Law Offices of Jonathan F. Marshall is experienced in helping people resolve criminal charges, including misdemeanors and serious felonies. We are here when you need us. For more information, contact a criminal defense lawyer at Law Offices of Jonathan F. Marshall for a free consultation by calling (877) 534-7338 or contacting us online.

How Does New Jersey Law Define Involvement In An Accident?

A person knows of their involvement in an accident if they are aware that they were involved in an accident or are aware of the probability of their involvement in an accident. A person is involved in an accident when they are connected with the accident in a natural or logical manner. The law requires that the person’s actions contributed to the accident, and the person knows of the causal relationship between their actions and the accident. A motorist knowingly leaves the scene of an accident if they are aware that they are leaving the scene of an accident or are aware of a high probability that they are leaving the scene of an accident.

What Are Your Duties Under New Jersey Law If You Are In An Accident?

A motorist who fails to fulfill any of their legal obligations and leaves the scene of an accident violates the provisions of the New Jersey Motor Vehicle Act. However, the State need not prove that the defendant knew of the legal obligation to stop at or near the scene of the accident and report all necessary information provided that the motorist knew of their involvement in the accident

The driver of any vehicle, knowingly involved in an accident resulting in property damage, injury, or death to any person must immediately stop the vehicle at the scene of the accident or as close as possible. This act of stopping the vehicle must be made without obstructing traffic more than is necessary.

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 must do specific acts including providing “reasonable assistance” to anyone hurt as a result of the accident. Reasonable assistance includes carrying an injured 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.

A Driver Who Is Aware Of Their Involvement In An Accident Must:

• give his name and address
• exhibit his operator’s license and registration certificate of his vehicle to:

1. the person injured or whose vehicle or property was damaged, and
2. any police officer or witness of the accident, and
3. to the driver or occupants of the vehicle with which his vehicle interacted/collided

• render reasonable assistance to a person injured in the accident.

If no police officer is present and no witness, driver, or passenger is in the condition to receive this information, the driver of any vehicle must report the accident to the nearest office of the local police department or of the county police of the county or the New Jersey State Police and submit the required information.

If the accident only involves property damage, your biggest worry will likely be that your insurance premiums will increase if you were at fault for the accident. The insurance claims process will play out over the weeks and months after the accident. At the moment, just take pictures of the vehicle damage and tell your side of the story to the officer for the police report. If you and the other driver agree that the accident is sufficiently minor that you do not want to notify the police, you must still provide your contact information and car insurance information to the other driver. Not giving the other driver your information can only count against you in terms of insurance claims and your driving record.

If you leave the scene of an accident before the police arrive, it will be relatively easy for the police to find you if the other driver stays at the scene and files a police report. These days, almost everyone has cell phone cameras, and the other driver or other witnesses to the accident can easily take a picture of your car. Even if the other driver did not get a picture of your car, they might have had the foresight to notice your license tag number and write it down; if this happened, then the police can easily look up your car by its license plate. Even without knowing your license plate number, witnesses might be able to describe your car in enough detail that police can easily know which car they are looking for; this is especially true if your car has unique or noticeable decorations or damage. “A gray sedan” is not very identifiable, but “a gray sedan with a cracked window and a New York Yankees bumper sticker” is.

New Jersey Leaving the Scene of an Accident Civil vs. Criminal Laws and Defenses

The section of New Jersey law that defines the civil violation of leaving the scene of a traffic accident is N.J.S.A. 39:4-129. It imposes a fine of at least $200 fine and five points on your driver’s license. In practice, you might get 10 points on your license if you leave the scene of an accident with vehicle damage only, five points each for failure to stop and failure to report the accident. If you have recently gotten points on your driver’s license because of another traffic violation, then it is likely that the hit and run will result in the suspension of your driver’s license. A $200 traffic ticket may not sound like much, but civil penalties for leaving the scene of an accident can add up to a lot of money. Remember that it costs money to reinstate your driver’s license after the period of suspension ends. While your license is suspended, you will still need to keep up with your car loan payments and your insurance premiums, in addition to all the money you will have to spend on rideshare rides due to not being able to drive. In other words, a traffic citation for failure to report an accident is a big enough deal that you should hire a traffic violations defense lawyer even if you have not received criminal charges for the hit and run.

The criminal penalties for leaving the scene of an accident are outlined in N.J.S.A. 2C:12-1.1.  The definition of leaving the scene of an accident is the same in civil law as in criminal law, but if you leave the scene of an accident that causes injuries or even just very extensive property damage, you can face criminal charges. The criminal fines for hit and run can go as high as $15,000, and the court can even order you to pay restitution to the victims for their accident-related financial losses, such as vehicle repairs and medical bills. If no one was injured, the charges will most likely be for a misdemeanor. Leaving the scene of an accident involving serious bodily injury can be a fourth-degree indictable offense or a third-degree indictable offense, depending on the seriousness of the injuries. Fourth-degree offenses and third-degree offenses are both felonies. For a fourth-degree offense, the court has the option to impose a prison sentence of up to 18 months, and for a third-degree offense, the prison sentence can be even longer.

If you face charges for leaving the scene of an accident, you have the right to enter a not guilty plea and go to trial in effort to get the case outright dismissed, or to plead guilty in the hopes of getting a lesser sentence just as you would if you were charged with any other crime. In all criminal cases, you have the right to have a criminal defense lawyer represent you. If you cannot afford to hire your own lawyer, the court will assign a lawyer from the Public Defender’s office to your case.

Scenarios for Leaving the Scene of an Accident

The Accident Involved Death Or Serious Bodily Injury

In addition, any person convicted for leaving the scene of an accident that involved death or serious bodily injury forfeits the right to operate a motor vehicle over the highways of New Jersey for one year from the date of his conviction for the first offense. Any subsequent offense causes the person to >permanently forfeit the right to operate a motor vehicle in New Jersey.

The Accident Solely Involving Property Damage

A person who leaves the scene of an accident that involves property damage forfeits the right to operate a motor vehicle in New Jersey for six months from the date of conviction for a first offense. A person forfeits the right to operate a motor vehicle for one year from the date of conviction for any subsequent offense.

What If The Damaged Vehicle Or Property Is Unattended?

The driver of any vehicle which knowingly collides with or is knowingly involved in an accident with an unattended vehicle or other unattended property that results in damage to the unattended vehicle or property must immediately stop to locate and notify the operator or owner of the damaged vehicle or property. The offending driver must personally provide their name and address, as well as the name and address of the owner of the vehicle striking the unattended vehicle or other property.

If the driver or owner cannot be immediately located, the driver of the striking vehicle must attach a written notice securely in a conspicuous place in or on the damaged vehicle. The notice must provide his name and address. If the other vehicle or property cannot be immediately located, the driver of the striking vehicle must notify either the nearest office of the local police department, the county police, or the New Jersey State Police.

What Permissive Inferences Does New Jersey Law Make In Motor Vehicle Accidents?

New Jersey law on leaving the scene contains two permissive inferences about the drivers of motor vehicles who are involved in accidents. A permissive inference suggests a possible conclusion to be drawn to a jury if the state proves certain facts. However, because it is permissive and not mandatory, it does not require the jury to make this possible conclusion.

Knowledge Of Involvement In An Accident

The first permissive inference is 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 knows of their involvement in the accident. It is not a defense that the operator of the motor vehicle 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 was involved in an accident.

The Registrant Was A Driver Involved In An Accident

The second permissive inference in New Jersey related to leaving the scene of the accident is that the registered owner of the vehicle which was involved in an accident was the person involved in the accident. However, if the vehicle is owned by a rental car company or is a leased vehicle, there is instead a permissive inference that the renter or authorized driver under a rental car contract or the lessee, and not the owner of the vehicle, was involved in the accident.

What Other Charges Can You Face if You Leave the Scene of an Accident?

Getting criminal charges for fourth-degree leaving the scene of an accident, or even third-degree leaving the scene of an accident, is not the worst-case scenario. One person can receive a long list of criminal charges and misdemeanors in connection to one accident where they did not stop to render assistance. Fear of getting accused and convicted of other crimes is a motive in many cases of hit-and-run. These are some other charges that defendants might face as a result of an investigation into a hit and run accident:

• Reckless driving
• Driving with a suspended license
• Vehicle theft
• Driving under the influence of alcohol or drugs
• Violation of probation
• Illegal possession of a controlled substance
• Illegal possession of a firearm
• Assault by auto or aggravated assault by auto

In New Jersey law, hit and run and assault by auto are not mutually exclusive, so one accident can result in both charges against the same defendant.

Criminal Charge for Leaving the Scene of An Accident Resulting in Injury or Death: What You Need to Know

If a car accident resulted in the injuries or death of others, a person fleeing from the scene will most likely be charged with a criminal act in addition to a traffic ticket. The criminal charge for leaving the scene of a motor vehicle accident resulting in serious bodily injury is contained at N.J.S.A. 2C:12-1.1. The law sound similar to that of the regular traffic ticket but there are significant differences, particularly, with respect to penalties and punishment. This criminal offense is an indictable charge which is litigated at the Superior Court level and can involve significant jail exposure. The statute provides as follows:

2C:12-1.1 – Leaving the scene of a motor vehicle accident resulting in serious bodily injury

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 R.S.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 nonimprisonment set forth in N.J.S.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.2C:12-1.

Notwithstanding the provisions of N.J.S.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.2C:12-1 and a separate sentence shall be imposed upon each conviction.

Notwithstanding the provisions of N.J.S.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 R.S.39:4-129.

A hit and run accident which results in death or serious bodily injury is a crime. A driver who is knowingly involved in an accident and knowingly leaves the scene of that accident is guilty of a crime of the fourth degree if the accident results in serious bodily injury to another person.

Defending a Criminal Charge for Knowingly Leaving the Scene of an Accident Resulting in Serious Bodily Injury

Proving a criminal charge for knowingly leaving the scene of an accident with serious personal injury can be complicated and the criminal defense lawyers at our firm do our best to make sure the prosecution is challenged in establishing each and every element of the offense. The following is a discussion of major issues arising in these types of cases:

I. Proving a Motor Vehicle Violation
A prerequisite to establishing a violation of N.J.S.A. 2C:12-1.1 is proof that the suspect violated N.J.S.A. 39:4-129. In other words, it must be demonstrated that the suspect failed to remain at the scene after being involved in an accident. The obligation to exchange information and credentials as required under the motor vehicle statute would also have to be violated in order for a criminal indictment under this statute to be sustainable.

II. The Accident Must Involve Serious Bodily Injury
A charge under N.J.S.A. 2C:12-1.1 is only viable where someone sustained “serious bodily injury.” The New Jersey criminal code defines “serious bodily injury” as an injury involving a substantial risk of death or resulting in serious permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ.

III. Criminal Responsibility
While the motor vehicle pedigree of the law only requires knowledge on the part of the suspect that he was involved in an accident, a criminal violation for leaving the scene of an accident also requires proof that the defendant knowingly left the scene.

IV. Merger and Sentencing
It is important to understand that neither aggravated assault nor assault by auto are lesser included offenses of knowingly leaving the scene of a motor vehicle accident involving serious personal injury. Accordingly, a conviction under N.J.S.A. 2C:12-1.1 does not merge into either of the aforesaid offenses and an individual could therefore be arrested, indicted and convicted of two of these charges although they arise out of a single accident. In terms of grading, an individual may be charged with a third-degree crime or fourth-degree crime under the statute. In either event, however, the presumption of non-incarceration which would otherwise apply under the New Jersey criminal code for a third-degree or fourth-degree charge does not apply.

Leaving The Scene Of An Accident Lawyer in New Jersey

You should not delay in contacting a lawyer if you are under investigation, have been indicted or arrested for leaving the scene, as the best results are often reached in cases where a defense attorney has gotten involved early. New Jersey drivers can be charged with leaving the scene if they hit another vehicle, pedestrian, object, or piece of property during a motor vehicle accident and then drive away. If you are accused, contact an experienced criminal defense attorney at Law Offices of Jonathan F. Marshall for a free consultation.