Leaving the Scene of an Accident Charges in New Jersey
I recently represented a client in Hillside Municipal Court charged with leaving the scene of an accident. This is a fairly serious traffic offense in New Jersey. The statute governing this charge is N.J.S.A. 39:4-129. To read the entire statute, please visit my firm website at "The Iler Law Firm.Com". The penalties for a first offense include a one (1) year license suspension, a fine of $2,500 to $5,000, and potential imprisonment of 180 days if the accident resulted in injury or death to another. Also, if the accident results in an injury the leaving the scene charge causes eight (8) points on your New Jersey Driver's license. If the accident does not result in injury, it causes two (2) points on your license. Remember, if you rack up between twelve (12) and fifteen (15) points on your license in a two year period, your license is subject to suspension.
The statute requires that a driver immediately stop a vehicle once he or she is involved in an accident. This should be done at the scene of the accident or as close to the scene as possible. The driver must then satisfy the requirements of N.J.S.A. 39:4-129(c) which requires the driver provide his name and address and display his driver's license and registration for the vehicle to the other driver or to the police officer at the scene. Also, if anyone is injured the driver must provide "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." Finally, if the other vehicle is unattended (i.e. you hit a parked car), you must attempt to find the driver and if you are unable to locate him or her you must create a written notice with your contact information and place it on the other vehicle or notify the local police department.
In my case, the driver struck a pedestrian who was talking on her cell phone while walking in the street. The driver essentially "rolled into her" and was not traveling at a high rate of speed. The driver stopped and asked the pedestrian if she was alright and offered to provide her with any assistance required. The pedestrian was clearly upset by the incident and told the driver she was fine and to leave her alone. Then, in a peculiar twist, the driver received tickets in the mail for careless driving, failure to yield, and leaving the scene of an accident. He hired us to defend him against these charges. As a result, I was able to get the leaving the scene of an accident charge dismissed because, I argued, the driver met his burden under the statute. He stopped, provided her with his information, and asked her if she needed medical assistance. Thus, he was not guilty of leaving the scene of an accident and the charge was dismissed.
