Cherry Hill NJ Leaving the Scene of an Accident Lawyer
Traffic Ticket Attorney with Offices in Camden County, New Jersey
At some point in your life, you or someone you know will probably be involved in a car accident. Leaving the scene of an accident is a serious charge in New Jersey and can result from a number of different situations. Sometimes a person does not even notice they were in an accident or they do realize but panic and end up driving away out of fear of what may happen. Mistakes like this can happen to anyone. If you have been charged with leaving the scene of an accident, it important that you consult with an experienced attorney who understands the intricacies of the law and can help minimize the penalties against you.
The criminal defense team at the Law Offices of Leonard Biddison have had tremendous success handling countless traffic violations for years in Camden County including Cherry Hill, Gloucester, Winslow Township and Pennsauken. We understand the details of this area of the law and will work to get your leaving the scene of an accident charge downgraded to a lesser charge such as unsafe driving or dismissed altogether. The advantage of getting the charges downgraded is that it may result in getting no points on your license which will save you money in the future. If you have been given a speeding ticket, having an attorney who knows how to get the best result in your case is imperative. Call the Law Offices of Leonard Biddison at 866-721-9510 anytime for a free initial consultation.
Leaving the Scene of an Accident in New Jersey
The law for leaving the scene of an accident is explained under N.J.S.A. 39:4-129 which explains:
(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.
For purposes of this section, it shall not be 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.
There shall be a permissive inference that the registered owner of the vehicle which was involved in an accident subject to the provisions of this section was the person involved in the accident; provided, however, if that vehicle is owned by a rental car company or is a leased vehicle, there shall be a permissive inference that the renter or authorized driver pursuant to a rental car contract or the lessee, and not the owner of the vehicle, was involved in the accident, and the requirements and penalties imposed pursuant to this section shall be applicable to that renter or authorized driver or lessee and not the owner of the vehicle.
Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of not less than $250 or more than $1,000.
Leaving the Scene of an Accident Penalties in New Jersey
The penalties for leaving the scene of an accident vary depending on a number of factors including if another person was injured. The penalties for damage to a vehicle only include the following.
- Fine between $200 to $400
- Jail sentence up to 30 days
- License Suspension for six months
- 2 points on your license
- Fine of $400 to $600.
- Jail between 30 and 90 days.
- License Suspended for 1 year.
- 2 points on your license
Personal Injury or Death:
- Fine of $2,500 to $5,000.
- 180 days in the county jail
- License Suspension: First offense, one-year license suspension; Second offense, permanent license forfeiture
- 8 points on your license
Contact a Gloucester NJ Leaving the Scene of an Accident Defense Lawyer Today
The criminal defense attorneys at the Law Offices of Leonard Biddison are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against a leaving the scene of an accident charge. Our criminal defense team understands the details of traffic violations in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 866-721-9510 for a free initial consultation about your case.