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| CHARGED WITH LEAVING THE SCENE OF AN ACCIDENT YOU FACE MANDATORY LOSS OF YOUR LICENSE AND POSSIBLE JAIL. We Can Help! |
Penalties For: Leaving the Scene of an Accident Involving Damages to any
1st Offense: Six months loss of license, A fine of not less than $200.00 nor more than $400.00 and or up
to 30 days imprisonment.
2nd or Subsequent offense: Six months loss of license a fine of $400.00 to $600.00 and imprisonment
for not less than 30 days nor more than 90 days.
Penalties for: Leaving the Scene of an Accident Involving Injury or Death (other than
injury to the defendant) charged as a ticket: One year loss of license, a fine of not less than
$2,500 nor more than $5,000, or be imprisoned for a period of 180 days or both. Note that many times this
matter may be originally charged as a ticket and then upgraded to the criminal charge once a the extent of
injury is known by the judge or prosecutor. Read below for criminal charges and penalties.
1st Offense: Six months loss of license, A fine of not less than $200.00 nor more than $400.00 and or up
to 30 days imprisonment.
2nd or Subsequent offense: Six months loss of license a fine of $400.00 to $600.00 and imprisonment
for not less than 30 days nor more than 90 days.
Penalties for: Leaving the Scene of an Accident Involving Injury or Death (other than
injury to the defendant) charged as a ticket: One year loss of license, a fine of not less than
$2,500 nor more than $5,000, or be imprisoned for a period of 180 days or both. Note that many times this
matter may be originally charged as a ticket and then upgraded to the criminal charge once a the extent of
injury is known by the judge or prosecutor. Read below for criminal charges and penalties.
| The Penalties listed above apply even for a first offense and upon conviction the loss of your license is mandatory! This offense is not a joke, it is important that you select a Lawyer not based on price but on experience and reputation. The Law Office of H. Scott Aalsberg has handled thousands of tickets and knows how to reduce these penalties. 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 have knowledge that he/she was involved in such accident. Accordingly even if you were not aware that an accident occurred you may still be convicted of this offense and lose. Don't risk jail and the loss of your license, you need a proper defense. We can help. Call 1-800-974-4487 for a Free In office Consultation |
** 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 or safe corridor zone. H. Scott Aalsberg, Esq., P.C. Main office address:
39 Milltown Road, 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 as the penalties listed in this notice are for informational purposes on offenses we have handled and reduced in the past. 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 case. Some penalties may not apply to out of state residents please consult an attorney in your state of residence.
Copyright 2010 GetNotGulty.com
and/or if violation occurs within 1000 feet of school property or school crossing zone or safe corridor zone. H. Scott Aalsberg, Esq., P.C. Main office address:
39 Milltown Road, 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 as the penalties listed in this notice are for informational purposes on offenses we have handled and reduced in the past. 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 case. Some penalties may not apply to out of state residents please consult an attorney in your state of residence.
Copyright 2010 GetNotGulty.com
Understanding the Law:
New Jersey has both a motor vehicle charge known as leaving the scene and a criminal code offense by the same name. The motor
offense. The criminal charge is contained at N.J.S.A. 2C:12-1.1. and generally starts as criminal complaint (aka green sheet) The
laws and names are similar but there are significant differences, particularly, with respect to penalties and punishment. The criminal
offense is an indictable charge with up to 5 years in jail and is generally applied if death or serious injury is involved.
2C:12-1.1.Is the Criminal Charge for Leaving the scene of a motor vehicle accident.
A motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene of that accident under
circumstances that violate the provisions of R.S.39:4-129 shall be guilty of a crime of the third degree if the accident results in serious
bodily injury to another person. The presumption against imprisonment set forth in N.J.S.2C:44-1 shall not apply to persons convicted
under the provisions of this section.
If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated assault
or assault by auto under the provisions of N.J.S.2C:12-1.
Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge
with a conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1 and a separate sentence shall be
imposed upon each conviction.
Notwithstanding the provisions of N.J.S.2C:44-5 or any other provisions of law, whenever in the case of such multiple convictions the
court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively.
For the purposes of this section, neither knowledge of the 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 serious bodily injury or provisions of
R.S.39:4-129.
A hit and run accident which results in death or serious bodily injury is a crime. A driver who is knowingly involved in an accident and
knowingly leaves the scene of that accident is guilty of a crime of the fourth degree if the accident results in serious bodily injury to
another person.
Review of the Law
Proving a criminal charge for knowingly leaving the scene of an accident with serious personal injury can be complicated and the
criminal defense lawyers at our firm do our best to make sure the prosecution is challenged in establishing each and every element of
the offense. The following is a discussion of major issues arising in these types of cases:
A. Proving a Motor Vehicle Violation
A prerequisite to establishing a violation of N.J.S.A. 2C:12-1.1 is proof that the suspect violated N.J.S.A. 39:4-129. It must be shown
that the suspect failed to remain at the scene after being involved in an accident. The obligation to exchange information and
credentials as required under the motor vehicle statute would also have to be violated in order for a criminal indictment under this
statute to be sustainable.
B. The Accident Must Involve Serious Bodily Injury or Death
A charge under N.J.S.A. 2C:12-1.1 is only viable where someone sustained "serious bodily injury". The New Jersey criminal code
defines "serious bodily injury" as an injury involving a substantial risk of death or resulting in serious permanent disfigurement or
protracted loss or impairment of the function of a bodily member or organ.
C. Criminal Responsibility
Note: the motor vehicle pedigree of the law only requires knowledge on the part of the suspect that he was involved in an accident
which can be presumed if damage to any vehicle is over $250.00. However in a criminal violation for leaving the scene of an accident
proof is required to show that the defendant knowingly left the scene.
D. Merger and Sentencing
Neither aggravated assault nor assault by auto are lesser included offenses of knowingly leaving the scene of a motor vehicle
accident involving serious personal injury. Accordingly, a conviction under N.J.S.A. 2C:12-1.1 does not merge into either of the
aforesaid offenses and an individual could therefore be arrested, indicted and convicted of two of these charges although they arise
out of a single accident. In terms of grading, an individual may be charged with a Third Degree Crime or Fourth Degree Crime under
the statute. The presumption of non-incarceration which would otherwise apply under the New Jersey criminal code for a Third
Degree, Fourth Degree or Municipal Court charge does not apply to leaving the scene of an accident violations.
New Jersey has both a motor vehicle charge known as leaving the scene and a criminal code offense by the same name. The motor
offense. The criminal charge is contained at N.J.S.A. 2C:12-1.1. and generally starts as criminal complaint (aka green sheet) The
laws and names are similar but there are significant differences, particularly, with respect to penalties and punishment. The criminal
offense is an indictable charge with up to 5 years in jail and is generally applied if death or serious injury is involved.
2C:12-1.1.Is the Criminal Charge for Leaving the scene of a motor vehicle accident.
A motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene of that accident under
circumstances that violate the provisions of R.S.39:4-129 shall be guilty of a crime of the third degree if the accident results in serious
bodily injury to another person. The presumption against imprisonment set forth in N.J.S.2C:44-1 shall not apply to persons convicted
under the provisions of this section.
If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated assault
or assault by auto under the provisions of N.J.S.2C:12-1.
Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge
with a conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1 and a separate sentence shall be
imposed upon each conviction.
Notwithstanding the provisions of N.J.S.2C:44-5 or any other provisions of law, whenever in the case of such multiple convictions the
court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively.
For the purposes of this section, neither knowledge of the 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 serious bodily injury or provisions of
R.S.39:4-129.
A hit and run accident which results in death or serious bodily injury is a crime. A driver who is knowingly involved in an accident and
knowingly leaves the scene of that accident is guilty of a crime of the fourth degree if the accident results in serious bodily injury to
another person.
Review of the Law
Proving a criminal charge for knowingly leaving the scene of an accident with serious personal injury can be complicated and the
criminal defense lawyers at our firm do our best to make sure the prosecution is challenged in establishing each and every element of
the offense. The following is a discussion of major issues arising in these types of cases:
A. Proving a Motor Vehicle Violation
A prerequisite to establishing a violation of N.J.S.A. 2C:12-1.1 is proof that the suspect violated N.J.S.A. 39:4-129. It must be shown
that the suspect failed to remain at the scene after being involved in an accident. The obligation to exchange information and
credentials as required under the motor vehicle statute would also have to be violated in order for a criminal indictment under this
statute to be sustainable.
B. The Accident Must Involve Serious Bodily Injury or Death
A charge under N.J.S.A. 2C:12-1.1 is only viable where someone sustained "serious bodily injury". The New Jersey criminal code
defines "serious bodily injury" as an injury involving a substantial risk of death or resulting in serious permanent disfigurement or
protracted loss or impairment of the function of a bodily member or organ.
C. Criminal Responsibility
Note: the motor vehicle pedigree of the law only requires knowledge on the part of the suspect that he was involved in an accident
which can be presumed if damage to any vehicle is over $250.00. However in a criminal violation for leaving the scene of an accident
proof is required to show that the defendant knowingly left the scene.
D. Merger and Sentencing
Neither aggravated assault nor assault by auto are lesser included offenses of knowingly leaving the scene of a motor vehicle
accident involving serious personal injury. Accordingly, a conviction under N.J.S.A. 2C:12-1.1 does not merge into either of the
aforesaid offenses and an individual could therefore be arrested, indicted and convicted of two of these charges although they arise
out of a single accident. In terms of grading, an individual may be charged with a Third Degree Crime or Fourth Degree Crime under
the statute. The presumption of non-incarceration which would otherwise apply under the New Jersey criminal code for a Third
Degree, Fourth Degree or Municipal Court charge does not apply to leaving the scene of an accident violations.
Helping Clients Get Not Guilty
Verdicts for Over 18 Years
Verdicts for Over 18 Years
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| H. Scott Aalsberg, Esq., P.C. Attorneys at Law 1028 Route #23 North, Wayne, N.J. 07470 39 Milltown Road, 2nd Floor, East Brunswick, N.J. 08816 1-800-9-RIGHTS or (732) 257-5040 www.GetNotGuilty.com "When Only Winning Counts" |
| Free Consultation 1-800-974-4487 |
| Free Consultation 1-800-974-4487 |
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2010 www.GetNotGuilty.com
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Accident Lawyer Copyright 2010
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www.GetNotGuilty.com
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