Leaving the Scene of an Accident

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Little Silver NJ Leaving the Scene of an Accident Defense Lawyers

According to State law, “leaving the scene of an accident” can qualify as a criminal charge or a motor vehicle violation, depending on the circumstances of the specific case. In addition, the penalties associated with a motor vehicle violation for leaving the scene of an accident can vary significantly based on the damage resulting from the accident, if the accident caused the injury or death of another person, or if the driver has been convicted of this offense previously. Due to the severe consequences associated with these offenses, it is essential to find a skilled defense attorney who can successfully combat the State’s case against you.

Some of the penalties associated with a conviction for leaving the scene of an accident may include a period of driver’s license suspension, hundreds of dollars in fines, the addition of New Jersey motor vehicle points on your driver’s license, and even a jail sentence. For example, a first offense for leaving the scene of an accident that solely results in damage to property may result in a 6-month license suspension and a sentence to serve up to 30 days in the county in which the offense occurred, while an offense resulting in personal injury or death is punishable by a 1-year license suspension for a first offense, permanent license forfeiture for a second offense, and a 180-day jail term.

Clearly, charges for leaving the scene of an accident can have serious ramifications in your life, making it all the more important to have a diligent attorney on your side when facing these charges. The attorneys at Chamlin, Rosen, Uliano & Witherington have successfully defended countless clients charged with the criminal offenses and motor vehicle violations in Monmouth and Ocean counties. If you receive a motor vehicle summons or criminal charge for leaving the scene of an accident, contact a member of their defense at 732-440-3950 for a free initial consultation.

Leaving the Scene of an Accident in Monmouth County: N.J.S.A. 39:4-129

New Jersey details all motor vehicle violations under Title 39, specifically addressing motor vehicle violations for Leaving the Scene of an Accident in N.J.S.A. 39:4-129. This statute mandates the following:

(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 (Motor Vehicle Violation) in New Jersey

First Offense Resulting Solely in Damage: A fine ranging from $200.00 to $400.00, a license suspension of 6 months, a sentence to serve up to 30 days in the jail of the county in which the offense occurred, and 2 New Jersey Motor Vehicle points on your driver’s license

Second Offense Resulting Solely in Damage: A fine ranging from $400.00 to $600.00, a license suspension of 1 year, a sentence to serve between 30 and 90 days in the jail of the county in which the offense occurred, 2 New Jersey Motor Vehicle points on your driver’s license

Offense Resulting in Personal Injury or Death: A fine ranging from $2,500.00 to $5,000.00, a license suspension of 1 year for a first offense, Permanent license forfeiture for a second offense, a sentence to serve 180 days in the jail of the county in which the offense occurred, 8 New Jersey Motor Vehicle points on your driver’s license

Contact Manasquan NJ Leaving the Scene of an Accident Attorneys for Help

If you or someone you love is facing a motor vehicle violation such as Leaving the Scene of an Accident in Monmouth County, New Jersey, contact the offices of Chamlin, Rosen, Uliano & Witherington at 732-440-3950. One of the firm’s skilled defense lawyers will be happy to evaluate your case, to provide answers to your pressing questions, and to discuss the alternatives that may be available to you.

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Chamlin, Rosen, Uliano & Witherington of West Long Branch, New Jersey, provides representation throughout Monmouth County including Asbury Park, Belmar, Colts Neck, Deal, Eatontown, Freehold, Hazlet, Holmdel, Howell, Lake Como, Long Branch, Manalapan, Manasquan, Marlboro Township, Middletown, Neptune, Oakhurst, Ocean Township, Redbank, Shrewsbury, Spring Lake, Tinton Falls, Wall Township, West Long Branch, and Freehold Township; Ocean County including Bayville, Brick, Jackson, Lakewood, Lakewood Township, Mantoloking, Point Pleasant, Point Pleasant Beach, and Toms River; Middlesex County including East Brunswick, Milltown, New Brunswick, Old Bridge Township, Perth Amboy, Sayreville, South Amboy, South River, and Spotswood.

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