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Charged With Leaving The Scene of
An Accident In NJ: 39:4-129
We Can Help:
Charged with Leaving The Scene of an Accident
Why It's so Easy to Get Convicted In NJ:
Many drivers are shocked to learn that Leaving the Scene of an Accident in New Jersey has even harsher penalties than a first-offense DWI. Even more concerning, you can be convicted even if you genuinely did not realize an accident occurred. Most Crimes and Offenses in NJ Require Knowledge: however, this is one of a few offenses in which knowledge may be imputed to you through a rebuttable presumption of knowledge if the amount of damage to any vehicle or property exceeds $250.00.
Because the damage threshold is so low, even a minor scratch or small dent can lead to criminal or traffic charges. As a result, many otherwise law-abiding drivers are convicted of leaving the scene without ever realizing they made contact with another vehicle or object. Why is this law so strict? Many people think it's because insurance companies can't make money unless they can blame the fault on the driver, and thus charge them for the accident. The real reason, however, is that if you move your car from the place where the accident occurred the police may be unable to use accident reconstruction techniques to determine how the accident happened and who was at fault for the accident.
Under New Jersey law (N.J.S.A. 39:4-129), a driver is presumed to be aware of an accident if:
- There is $250 or more in property damage, or
- The accident results in injury or death to another person
Penalties For Leaving the Scene of an Accident Involving Damages to any Property or Vehicle: 39:4-129(b) or 39:4-129(D)
1st Offense:
- 6 Months loss of license
- A fine of not less than $200.00 nor more than $400.00
- Up to 30 days imprisonment
- 2 Points
2nd Or Subsequent Offense:
If you are a Commercial License Driver you could lose your Commercial Driving Privileges for life as per Federal Law.
- 1 year loss of license
- Fine of $400 to $600
- Not Less than 30 up to 90 days imprisonment
- 4 Points
- If you are a Commercial License Driver you could lose your Commercial Driving Privileges for life as per Federal Law.
Penalties: Leaving the Scene of an Accident Involving a non serious Injury charged as a ticket 39:4-129(A) or 39:4-129(C)
Penalty:
- 1 year loss of license
- A fine of not less than $2500 nor more than $5000
- 180 days Imprisonment
- 8 Points
Note that many times this offense will begin as a ticket and then upgraded to the criminal charge once the extent of injury is known by the judge, prosecutor or police.
Leaving the Scene of an Accident Involving a Serious Injury 2C:12-1.1 is a Criminal Offence
98%* Success Rate To Win, Reduce or Eliminate the Penalties for NJ Careless Driving Tickets. Call 1-800-9-RIGHTS Free Consultation
Can You Be Convicted If You Didn’t Know About the Accident?
Yes. New Jersey courts allow prosecutors to presume knowledge of the accident, meaning the burden often shifts to the defense. Without experienced legal representation, you face the following penalties:
- Jail time
- Loss or suspension of your driver’s license
- Substantial fines and penalties
- A permanent criminal or traffic record
Why Choosing the Right New Jersey Defense Lawyer Matters:
A Leaving the Scene of an Accident charge can carry serious consequences, including substantial fines, license suspension, and even potential jail time. However, being charged does not mean you are destined to be convicted or face the maximum penalties.
The difference between a devastating outcome and a favorable resolution can come down to the skill, experience, and determination of the attorney defending you. Depending on the facts and circumstances of your case, an aggressive and strategic defense may result in your charges being dismissed, reduced, or resolved with significantly less severe penalties—even when the evidence appears to be against you. Settling for an ordinary defense is simply not an option. Attorney H. Scott Aalsberg is nationally recognized as one of America's Top Attorneys and is dedicated to defending individuals facing serious traffic violations and criminal charges throughout New Jersey. He will tailor your defense to get you the best result based on your facts.
Choose experience. Choose proven legal representation. Choose the Best Attorney to Get The Best Defense!
Attorney H. Scott Aalsberg is nationally recognized as one of America's Top Attorneys for defending serious traffic and criminal cases throughout the State of New Jersey:
- Named one of the Top 10 Criminal Defense Attorneys Nationwide by the National Academy of Criminal Defense Attorneys for 10 consecutive years
- Selected among the Top 25 Trial Lawyers by The National Trial Lawyers (2022–2026)
- 98%* success rate in winning, reducing, or eliminating penalties for Leaving the Scene of an Accident charges — even when clients may be technically guilty of the offense!
Don’t Risk Your Freedom or Your License:
Leaving the Scene of an Accident is not a minor offense in New Jersey. The consequences are serious, and the law is unforgiving with possible jail time and mandatory loss of license for any charge even if no injuries. But the right defense can change everything. If you are facing a Leaving the Scene of an Accident charge in New Jersey, don’t go to court alone. Fight to Protect your record, protect your license, and most importantly fight to stay out of jail!
Put Attorney H. Scott Aalsberg — proven experience, powerful defense strategies, and most importantly real results with his 98%* success rate to work for you!
Call 1-800-9-RIGHTS for a Free In office Consultation
Understanding the Law:
New Jersey has both a motor vehicle charge of leaving the scene of an accident, and a criminal charge for leaving the scene of an accident. The NJ motor offense is charged on a common ticket form as 39:4-129. The criminal charge is contained at N.J.S.A. 2C:12-1.1. The Criminal charge generally starts as criminal complaint, but can start as a ticket if the police are not aware of the extent of any victims injury. This is called an upgrade of charges. The traffic ticket and criminal charge has the same name, but there are significant differences, particularly, with respect to the potential penalties and punishment. The criminal offense in NJ for leaving the scene of an accident is an indictable charge, with up to 5 years in jail. Generally the criminal charge is applied if death or serious injury is involved, when someone leaves the scene of an accident. The Traffic Ticket Offense for leaving the scene of an accident in New Jersey, has a maximum sentence of 180 days in jail. To learn more about the criminal charge of Leaving the Scene of an Accident click here
Understanding the Standards of Proof for Leaving the Scene of an Accident:
New Jersey has set forth limited standards of proof needed for a conviction for a leaving the scene of an accident charge. Since 2015 damage is not even required if a person should have known they were in an accident (State vs. Sene 2015). The court ruled that only a "reasonable belief by the driver is needed to prove a charge of leaving the scene of an accident. Reasonable belief is generally defined as what the driver knew or should have known. Thus, the court ruled even where no proof of contact between the drivers car and a pedestrian may have occurred the driver may still be charged and convicted of leaving the scene of an accident. Obviously, most drivers should know that they were in accident by simply seeing the damage on their car or hearing a noise. But with this judicial decision, damage is no longer even required if you left the scene of an accident if: 1) an injury is alleged and or 2) $250.00 or more worth of damage to any property has occurred. Moral of the story - You Need the Best Lawyer if you expect to Win.
Attorney H. Scott Aalsberg, Esq., is Ranked Nationally as one of the Top Ten Criminal Defense Attorneys
by the National Association of Criminal Defense Attorneys and was selected as one of the Top 25 Trial Lawyers by the National Trial Lawyers. If you want to win your charge you need the best lawyer. Put Attorney H. Scott Aalsberg, Esq., 98%* success rate to work for you.
Understanding the Defenses for Leaving the Scene of an Accident:
New Jersey has set forth limited defenses to a leaving the scene of an accident charges. This is due to the fact that the offense is charged anytime the actor moves his car away from the spot of the accident. The intended purpose of the law was to allow the police and insurance companies to determine who is at fault for the accident by documenting where the cars came to rest at the conclusion of the accident. The only true factual defense to a leaving the scene of an accident charge in New Jersey are generally the following:
- The accident never occurred
- The infraction was de minimis (ex. car was moved but it was only to let an injured person move safely out of an impacted car)
- Another person was driving the car during the accident
But even if you don't fall in one of these three categories, Attorney H. Scott Aalsberg can help. Attorney Aalsberg has been successful at reducing or eliminating this charge for the vast majority of clients he represents. With Attorney H. Scott Aalsberg's 98%* success rate of winning, reducing or eliminating the penalties for traffic tickets in NJ, you can be assured that you will have the best defense possible to win your leaving the scene of an accident charge.
Statute of Limitations :
In General the State of New Jersey has up to 1 year from the date of an accident to charge you with leaving the scene of an accident, unless serious injury or death occurs then that statute of limitations is extended to 5 years from the date of the accident.
Understanding the Penalty for Leaving the Scene of an Accident in NJ:
For Most Drivers, the most devastating penalty is not the fine or even the possibility of jail time. It is the suspension of their driver's license.
While certain leaving-the-scene violations may carry relatively modest monetary fines, the financial consequences of losing your ability to drive can be enormous. Consider what happens when you suddenly cannot legally drive to work, meet with clients, operate a business, transport your children, attend important appointments, or fulfill your everyday responsibilities. For someone who depends on a vehicle to earn a living, even a temporary license suspension can result in thousands of dollars in lost income, missed employment opportunities, lost business, and potentially tens of thousands of dollars in financial damages.
The consequences can extend well beyond the suspension period itself. A conviction may affect your driving record, insurance premiums, employment opportunities, and ability to maintain your normal lifestyle. For individuals whose careers depend on driving, including sales professionals, contractors, business owners, delivery drivers, and employees who must commute, losing a driver's license can jeopardize their livelihood.
A Special Warning For CDL Drivers: You Face 1 or Even Up to 3 Years Loss of License Which Could Cost You Your Career As A CDL Driver:
If you hold a Commercial Driver's License (CDL), a Leaving the Scene of an Accident charge is particularly serious. Unlike an ordinary motor vehicle violation, a conviction for leaving the scene can trigger mandatory federal CDL disqualification requirements that can prevent you from legally operating a commercial motor vehicle and earning a living as a professional driver.
Under Federal Motor Carrier Safety Administration (FMCSA) regulations, leaving the scene of an accident is classified as a major offense that carries a mandatory one-year CDL disqualification for a first conviction. If the offense occurs while operating a commercial motor vehicle transporting hazardous materials requiring placards, the mandatory disqualification increases to THREE YEARS. A second qualifying conviction can result in a LIFETIME CDL disqualification.
Importantly, these federal CDL consequences can apply even when the driver was operating a personal vehicle rather than a commercial truck at the time of the incident. Federal regulations specifically recognize certain major offenses committed in either a commercial or non-commercial motor vehicle as grounds for commercial driving disqualification.
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Immigration Consequences of Leaving the Scene of an Accident in New Jersey:
If you are not a U.S. citizen, a conviction for leaving the scene of an accident in New Jersey can have serious immigration consequences. Even the traffic-related offense with only property damage, may affect your immigration status and future in the United States if the case is not handled the right way.
For both legal and illegal immigrants, a conviction may lead to problems such as:
- Removal or deportation from the United States
- Being denied reentry after traveling abroad
- Inadmissibility when applying for a visa or green card
- Denial or non-renewal of immigration status
- Complications with naturalization or citizenship applications
Because immigration law and criminal law often intersect, what may seem like a minor offense can have lasting consequences for non-citizens. If you are an immigrant charged with leaving the scene of an accident in NJ, it is critical to seek experienced legal representation as early as possible. Attorney Aalsberg will work to minimize the future impact of the charge and help protect your immigration status. Attorney Aalsberg has practiced immigration law, so unlike many other attorneys who are not aware of these pitfalls he is. Getting the right legal guidance can make a significant difference in the outcome of your case and your ability to remain in the United States. Don't delay getting help now, the longer Attorney Aalsberg has to work on your case the more he can do to help you.
Charged with a Ticket for Leaving the Scene of an Accident in NJ?
Call 1-800-9-RIGHTS for a Free In Office Consultation
* Attorney H. Scott Aalsberg has a 98%* Success rate of winning, reducing or eliminating the penalties for first time offenders for NJ Leaving the Scene of an Accident Tickets. Associate and per diem attorneys from our office may not have this same success rate** Additional penalties and jail time may apply in leaving the scene of the accident cases if defendant was charged with a violation of R.S. 39:4-50 (DWI) and/or if violation occurs within 1000 feet of school property or school crossing zone, construction or safe corridor zone. H. Scott Aalsberg, Esq., P.C. Main office address: G-10 Brier Hill Court, East Brunswick, N.J. 08816. Please consult the New Jersey Code of Criminal Justice and Motor Vehicle Laws for complete details on all fines and penalties for leaving the scene of an accident in NJ as the penalties listed in this website are for informational purposes only. Past performance is not indicative of future performance and each case is fact sensitive, thus, the need for the in office consultation for the attorney to evaluate your leaving the scene of an accident charge. Some penalties for leaving the scene of an accident in NJ may not apply to out of state residents please consult an attorney in your state of residence.
