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Leaving the Scene of an Accident

Leaving the Scene of an Accident in New Jersey

Leaving the scene of an accident is a motor vehicle violation located in the New Jersey Motor Vehicles laws at N.J.S.A. 39:4-129. That law requires drivers that are involved in a motor vehicle accident to remain at the accident scene and provide the other driver and/or law enforcement with specific information as memorialized in the statute.

Leaving the scene of an accident can also be a criminal offense if the accident results in the death or serious bodily injury of a person involved in the accident.

The Bianchi Law Group, LLC

The Bianchi Law Group is made up of former trial prosecutors and other “of counsel” attorneys who have handled the investigations and prosecutions of most crimes in New Jersey and will defend you for all federal and state crimes in New Jersey including Leaving the Scene of an accident.

Former Leaving the Scene of an Accident Prosecutors

Founding Partner and Former Morris County Prosecutor Robert A. Bianchi has returned to private practice after running the operations of the entire Morris County Prosecutor’s Office having served as the Morris County Prosecutor for 5 and 1/2 years (2007-2013). Mr. Bianchi was appointed as the Morris County Prosecutor by the Governor of the State of New Jersey and unanimously confirmed by the New Jersey Senate in 2007. While serving as the Morris County Prosecutor, Mr. Bianchi ran the entire office’s operations, inclusive of all of its attorneys, detectives, and support staff with a budget of approximately 11 million dollars. His innovative programs and approach have led to numerous awards from State, Local, Municipal, business, and private entities. Robert Bianchi served on the Executive Board of the County Prosecutors’ Association and was one of the few prosecutors in many years to actually argue cases, motions, and sentences in court, and actually tried a murder case himself, which is extremely rare for a sitting county prosecutor.

Mr. Bianchi was previously a Hudson County Assistant Prosecutor (1989-1996) and thereafter a partner in the law firm Bianchi & Bianchi (1996-2007). Robert was one of the few attorneys in the State who qualified to handle death penalty cases when New Jersey had the death penalty.

Partner David J. Bruno has also returned to private practice after serving as Morris County Assistant Prosecutor (2007-2013). As an assistant prosecutor, Mr. Bruno prosecuted murder, major crimes, white collar, internal affairs, domestic violence, and elderly abuse cases. Additionally, Mr. Bruno handled fraud and Major Crimes investigations and successfully tried a wide variety of trials including securing convictions for several high profile murder cases.

In December 2012, then Prosecutor Bianchi and Assistant Prosecutor Bruno worked together to secure a murder conviction against Jose Feliciano for the violent death of Father Edward Hinds in at St. Patrick’s Church in Chatham, New Jersey. Mr. Feliciano was sentenced to life without parole.

Together, Robert A. Bianchi, David J. Bruno and other “of counsel” attorneys make up an aggressive, ethical, and results-oriented New Jersey Criminal Defense firm who handle all criminal, municipal and DUI/DWI cases in New Jersey including Leaving the Scene of an accident cases.

Certified Criminal Trial Attorneys by the New Jersey Supreme Court

Partners Robert A. Bianchi and David J. Bruno are also both certified by the Supreme Court of New Jersey as a criminal trial Attorneys.

In New Jersey, the New Jersey Supreme Court has a certification committee which classifies certain New Jersey Lawyers as Certified Trial Attorneys. The process requires the prospective attorneys to satisfy a strict criteria including extensive jury trials, a primary focus in criminal law, an application submission, a peer review process, a character and background check and to pass a written examination. Only 250 of over 93,000 lawyers (less than 1%) are designated as certified criminal trial attorneys by the New Jersey Supreme Court. This should be an important factor in finding a New Jersey criminal defense attorney to represent you. Many New Jersey Lawyers describe themselves as trial attorneys but most do not have the New Jersey Court’s distinction as Certified Criminal Trial Attorney.

Leaving the Scene of an Accident Penalties in New Jersey

Leaving the scene of an accident is a crime of the second degree if the accident results in the death of another and upon conviction thereof a person maybe sentenced between 5 and 10 years in New Jersey State prison. See 2C:11-5.1.

Leaving the scene of an accident is a crime of the third degree if the accident results in serious bodily injury of another and upon conviction thereof a person maybe sentenced between 3 and 5 years in New Jersey State prison. The presumption of nonimprisonment, which typically applies to third degree crimes, set forth in N.J.S.2C:44-1 shall not apply to persons convicted of Leaving the scene of an accident in New Jersey. See 2C:12-1.1.

The Sentencing Judge may also order fines and restitution as prescribed by 2C:43-3 for all convictions for Leaving the scene of an accident in New Jersey.

Driver’s License Suspension for Leaving the scene of an accident in New Jersey

As with any other offense where a motor vehicle was used, the Sentencing Judge has the authority to postpone, suspend, or revoke for a period not to exceed two years the driver’s license, registration certificate, or both of any person convicted of a crime, disorderly persons offense, or petty disorderly persons offense. 2C:43-2(c).

Knowledge of the Death or Serious Bodily Injury

Neither knowledge of the death or 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 death or serious bodily injury or provisions of 39:4-129.

Trial Ready New Jersey Criminal Lawyers

Like in all of our cases handled at the Bianchi Law Group, our experienced staff of trial attorneys and “of counsel” attorneys are there to make sure the Government can prove its case beyond a reasonable doubt. If our attorneys cannot resolve the case with a dismissal or a fair and just plea bargain, our lawyers at The Bianchi Law Group will not hesitate to select a jury and take the case to trial. That is what we do and what distinguishes us from other attorneys. We are former prosecutors, trial tested, and certified by the New Jersey Supreme Court as certified criminal trial attorneys… We will not hesitate to go to trial.

Contact Us Today for a Free Initial Consultation

Contact Former Morris County Prosecutor Robert A. Bianchi, Esq. and David J. Bruno, Esq. at The Bianchi Law Group, LLC online or call (862) 210-8570 to schedule a free initial consultation with an experienced New Jersey Defense Attorney.

At The Bianchi Law Group, we will take care to provide you Serious Attorneys for Serious Cases.

New Jersey Supreme Court - Certified Attorney
National Italian American Bar Association
National Italian American Bar Association 2
Avvo Rating - 10.0 Superb - Top Attorney Criminal Defense
New Jersey Association for Justice
New Jersey State Bar Association
Order Sons of Italy in America


4 York Avenue, 2nd Floor
West Caldwell, New Jersey, 07006
Phone: 862-210-8570

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