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 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.
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 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 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 98,000 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 may be 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 may be sentenced between 3 and 5 years in New Jersey State prison. The presumption of non-incarceration, 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.
At The Bianchi Law Group, we will take care to provide you Serious Attorneys for Serious Cases.