Driving in New Jersey is considered a necessity. Our hectic lives consist of traveling from point A to point B, day and night, through traffic jams and busy roads. With every minute we spend behind the wheel, we increase the chances of getting into an accident—something that everybody seeks to avoid at all costs. With such a strong aversion to car accidents, it is no surprise that many people are tempted to immediately flee the scene once they find themselves involved in an automobile accident. “Leaving the scene of an accident,” also known as “hit and run,” is actually a serious offense in New Jersey. Whether there was only property damage or if someone was injured or killed in the accident, you are required to remain at the scene until law enforcement arrives. If there were no people present at the scene, the least the driver must do is leave a note containing his or her information on the damaged property.
If you have been charged with leaving the scene of an accident, you should speak to a traffic defense lawyer as soon as possible. This offense results in serious penalties if convicted. The traffic offense attorneys at Villani & DeLuca have been handling these types of matters for over 20 years across Ocean and Monmouth County. Our attorneys are here to help you in the event you are facing leaving the scene charges under N.J.S.A. 39:4-129.
Leaving the Scene of an Accident Under New Jersey Law N.J.S.A. 39:4-129
The New Jersey “hit and run” statute lists several different categories of accidents and the rules assigned to the driver in each category. In each situation, the driver must proceed in a certain way, providing their information and interacting with law enforcement. Failure to do so may expose the driver to charges under N.J.S.A. 39:4-129.
(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.
Penalties for a Hit and Run Conviction
The penalties for leaving the scene of an accident vary depending on whether the driver was a first-time offender, and whether the victim was injured or died in the accident. For a first-time offender, the driver will face license suspension up to 6 months, fines up to $400, and even jail time up to 30 days. If the victim was injured or died in the accident, the driver will face a fine up to $5,000, jail time for up to 6 months, and license suspension for 1 year. Someone convicted of a hit and run may lose their license permanently if they are involved in more than two hit and runs.
Additional negative consequences of leaving the scene of an accident include an increase in insurance premiums and insurance eligibility points. Motor Vehicle Commission surcharges will be added to the list of monetary punishment. Also, the driver will have points added to their driver's license. Two points will be added if there were no personal injuries involved in the accident. Eight points will be added onto the driver's license if the accident resulted in personal injuries.
Do you need a traffic offense attorney?
People panic in the face of potential liability. It is not at all surprising that many people immediately leave the scene of an accident and find themselves facing hit and run charges under N.J.S.A. 39:4-129. If you have been charged with this mistake, seek out the help you need in order to defend your charges. Since 1996, Villani & DeLuca P.C. has helped clients through the municipal court system and defended their traffic violations. Conveniently located in Point Pleasant Beach, the attorneys at Villani & DeLuca are well-versed in New Jersey traffic law and the Ocean and Monmouth County municipal court systems.
Call us today at 732-782-9833 for a free initial consultation and speak with one of our experienced attorneys!