The Penalties For Leaving The Scene Of An Accident In NJ Includes A Mandatory Loss Of Your Drivers License + Possible Jail Time For First Time Offenders.
Yes, The loss of your drivers license is mandatory even for just a scratch on a car if you get convicted!
The Leaving the Scene of an Accident first offense penalties are even harsher than a first offense DWI charge. In fact your knowledge that you were in an accident in most cases can even be presumed. Under N.J. Law a driver of any motor vehicle involved in an accident resulting in damage in the amount of $250.00 or more to any vehicle or property, or an accident resulting injury or death to any person, shall be presumed to be aware that an accident occurred. Thus, even if you didn't feel, or even know the accident occurred you may be convicted, of this offense for only a scratch on another person’s car. Don't risk jail and the loss of your license. You must select a Lawyer not based on price but on experience and reputation. Attorney H. Scott Aalsberg has been nationally ranked one of the TOP TEN Criminal Lawyers by the National Academy of Criminal Defense Attorneys for the past 5 years and selected one of the National Trial Lawyers Top 100 Trial Lawyers for 9 years in a row (2014-2022). Attorney Aalsberg has a 98%* Success Rate of Winning, Reducing or eliminating the penalties for Leaving the Scene of an Accident tickets even if your guilty of the offense. Don't risk getting jail time the loss of your drivers license, without having a good lawyer on your side to fight for you.
Leaving the Scene of an Accident Involving Damages to any Property or Vehicle: 39:4-129D
1st Offense :
- 6 Months loss of license
- A fine of not less than $200.00 nor more than $400.00
- 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 days imprisonment
- 4 Points
- If you are a Commercial License Driver you could lose your Commercial Driving Privileges for life as per Federal Law.
Leaving the Scene of an Accident Involving a non serious Injury charged as a ticket 39:3-129A:
- 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.
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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., 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.
Understanding the Penalty for Leaving the Scene of an Accident in NJ:
New Jersey has set forth harsh penalties for failing to stay at the scene of an accident and or moving your car. Although the fines may be relatively small the loss of license component can cost tens of thousands of dollars in lost wages, and opportunities missed for being unable to drive a car in NJ. For commercial drivers the loss of license is even longer with a 1 to 3 year loss of license as opposed to a 6 month minimum for all drivers. Attorney H. Scott 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 to win your leaving the scene charge.
Understanding the Immigration Consequences for Leaving the Scene of an Accident in NJ
If you are an immigrant to this country a conviction for leaving the scene of an accident could cause you to be removed, denied entry, deported or your status not renewed. A conviction for leaving the scene of an accident could even effect your status if you are not a US Citizen. Thus, the need for skilled representation to make sure that you get the best result for your charge.
* Attorney H. Scott Aalsberg has a 98%* Success rate of winning, reducing or eliminating the penalties 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.