Contact Us for a Free Consultation 732-782-9833

Blog

Ocean County Hit & Run (N.J.S.A. 39:4-129)

Posted by Carmine R. Villani | Jun 17, 2016 | 0 Comments

The body of a 26-year-old man from Galloway Township, was found after he was struck and killed in Absecon. Police reported that the man was struck by a 2012 Honda Civic shortly after he exited another vehicle near Routes 30 and 9 in Absecon. The Civic allegedly stopped and then left the scene.

There are strict New Jersey laws covering accidents and leaving the scene as follows:

N.J.S.A. 39:4-129.   Leaving the Scene of an 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.

 (a) Leaving the scene of accident involving injury or death- First offense: Fine or 180 days imprisonment, or both, and suspension of driving privileges for 1 year from date of conviction $2500-$5000 Imprisonment shall be imposed only if injury to another person. 8 points. Subsequent offense: Fine or 180 days imprisonment from date of conviction, or both, and permanent forfeiture of driver's license $1000-$2000 Imprisonment shall be imposed only if injury to another person.

(b) Leaving the scene of accident involving damages to attended vehicle or property- First offense: Fine or imprisonment not exceeding 30 days, or both, and suspension of driving privileges for six months from date of conviction $200-$400. Subsequent offense: Fine or imprisonment not less than 30 days nor more than 90 days, or both, and suspension of driving privileges for 1 year from date of conviction $400-$600 2 MVC/DMV points and 2 car insurance points.

(d) Leaving the scene of accident involving damages to unattended vehicle or property- First offense: Fine or imprisonment not exceeding 30 days, or both, and suspension of driving privileges for six months from date of conviction. $200 $400 Subsequent offense: Fine or imprisonment not less than 30 days nor more than 90 days, or both, and suspension of driving privileges for 1 year from date of conviction. $400-$600 2 MVC/DMV points and 2 car insurance points

Leaving the scene of an accident is a very serious offense and if there is personal injury involved, it constitutes a crime of the fourth degree. The penalties for leaving the scene of an accident that results in a personal injury are severe, subjecting a driver to a fines and a possible180-day jail sentence. The driver's license will also be suspended for one year.

When you are involved in a vehicle accident, you are required to stop, notify authorities and wait for the police to come. If you leave for any reason, you must go back to the scene and make a report of the accident. If someone is hurt, you are required by New Jersey law to provide reasonable assistance by calling for an ambulance or taking the person to the hospital. Failure to stop and/or assist can subject you to criminal charges.

New Jersey Hit & Run Charges

The charges and penalties under New Jersey law for leaving the scene of an accident depend on the circumstances of the accident itself. The more serious the accident the more serious the charges will be.

What to Do on the Scene

At the scene of an accident, you should exchange information with all parties involved, including names, addresses, phone numbers, driver's license numbers, car tag numbers, vehicle descriptions, and insurance information. If there were any witnesses, get their names and addresses. Write down the time, weather and road conditions at the time of the accident.

Under New Jersey statute N.J.S.A. 39:4-129, the fines and penalties can be extremely steep. Leaving the scene of an accident where an injury is involved is punishable for up to six months in prison. This is due to the fact that leaving the scene of an accident where an injury has occurred is a 4th degree offense in New Jersey.

Ocean County Criminal Defense Lawyer

If you or someone you know has been charged with hit and run or leaving the scene of an accident in New Jersey, please contact the experienced attorneys of Villani & DeLuca, as a conviction can have very serious consequences. It is imperative that you fight your charges with effective legal representation.

Founding Partner Carmine R. Villani, Esq., has over 20 years of trial experience as a former municipal prosecutor and public defender for numerous municipalities in Ocean and Monmouth Counties. Please call (732) 965-3999 to schedule your FREE consultation!

About the Author

Carmine R. Villani
Carmine R. Villani

Founding partner, Carmine Villani, Esq. is a former municipal prosecutor with over three decades of experience in Criminal and DWI Defense.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Villani & DeLuca — Fighting For Your Future

Visit our offices in Toms River or Point Pleasant Beach, New Jersey

Menu