Elizabeth, NJ Leaving Scene of Accident Attorney

Leaving the scene of an accident, NJSA 39:4-129, is a serious traffic violation in New Jersey that can result in severe penalties, such as fines, points, jail time, and insurance hikes. If you have been charged with leaving the scene of an accident, you may be wondering what it means, what are the consequences, and how you can fight it. In addition to receiving a leaving the scene of an accident ticket, you might also face a speeding ticket, careless driving ticket, reckless driving ticket, or a driving with a suspended license ticket. If you or a loved one is facing a leaving the scene of an accident ticket in New Jersey, then you should consider contacting Attorney Brett M. Rosen.  Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

If you or a loved one is facing a leaving the scene of an accident ticket in New Jersey, it is important that legal assistance is sought. Contact our criminal justice law firm today to discuss your potential NJSA 39:4-129 case. In this guide, we will provide you with some insight on how to deal with leaving the scene of an accident ticket in New Jersey.

What is Leaving the Scene of an Accident in New Jersey?

According to New Jersey Law Section 39:4-129, leaving the scene of an accident is defined as:

The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person or damage to any vehicle or property shall give his name and address and exhibit his operator’s license and registration certificate of his vehicle to the person injured or whose vehicle or property was damaged and to any police officer or witness of the accident, and to the driver or occupants of the vehicle collided with and render to a person injured in the accident 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.

Leaving the scene of an accident is a broad and subjective term that can cover a variety of situations. Some examples of leaving the scene of an accident are:

• Driving away without stopping after hitting another vehicle, a pedestrian, a cyclist, or an animal
• Driving away without providing your name, address, license, and registration to the other party or the police
• Driving away without offering help to anyone who is injured or requesting medical assistance
• Driving away without reporting the accident to the police or the insurance company

Leaving the scene of an accident is different from hit and run, which is a more serious offense that involves driving with a willful or wanton disregard for the safety of others. Hit and run carries higher penalties and more points than leaving the scene of an accident.

What are the Penalties for Leaving the Scene of an Accident in New Jersey?

If you are convicted of leaving the scene of an accident in New Jersey, you may face the following penalties:

• A fine of $200 to $400 for a first offense, or $400 to $600 for a second or subsequent offense
• Court costs of $33
• A possible surcharge of $150 or more if you accumulate six or more points within three years
• A possible increase in your insurance premiums
• A possible jail time of up to 30 days for a first offense, or up to 90 days for a second or subsequent offense
• A possible suspension of your driver’s license for a period of time determined by the court

The penalties for leaving the scene of an accident may vary depending on the circumstances of the case, such as the severity of the offense, the presence of an accident or injury, the number of prior violations, and the discretion of the judge.

The following are the points that are added to your driving record for leaving the scene of an accident violations in New Jersey:

• Leaving the scene of an accident with no injuries: 2 points
• Leaving the scene of an accident with injuries or death: 8 points

The points are doubled for violations involving driving at least 20 miles per hour over the limit or at least ten miles per hour over a 65-mile-per-hour limit.

Beat the Ticket! Top Defenses for Leaving the Scene of an Accident in New Jersey

A leaving the scene of an accident charge in New Jersey can be stressful, but you might have options! Here’s a breakdown of common defenses that could get your ticket dismissed or reduced:

1. You Didn’t Actually Leave: This seems obvious, but if you stopped and exchanged information with the other driver (or tried to), you weren’t technically leaving the scene. Witness testimony or dashcam footage can be helpful here. However, if there was damage that is over $500, then you must call the local authorities to file a report. 

2. Minimal Damage, No Injuries: New Jersey law emphasizes staying after accidents with injuries or significant property damage. If the accident was minor (e.g., a fender bender) and no one was hurt, you might have a stronger case.

3. You Didn’t Know About the Damage: If the damage to your vehicle was minor and undetectable at the scene (maybe a scratch hidden by dirt), you can argue you weren’t aware of an accident needing reporting.

4. Mistaken Identity: Prove you weren’t the driver at the time of the accident. This could involve alibis, security footage showing you elsewhere, or evidence of another driver using your car.

5. You Were Confused or Scared: Admitting you panicked at the scene might not be ideal, but in some cases, a judge may show leniency if there were extenuating circumstances (e.g., medical emergency, witnessing a crime).

6. Reporting Mistake: If you genuinely believed you reported the accident to the authorities but made a mistake (reported to the wrong agency or forgot a crucial detail), presenting evidence of your attempt to report could help your case.

7. Mechanical Failure: If your car suffered a sudden mechanical failure that caused the accident and prevented you from stopping safely, documentation of the issue from a mechanic might be a valid defense.

8. Statute of Limitations: In New Jersey, there’s a one-year time limit for filing charges for leaving the scene of an accident involving only property damage. If you weren’t charged within that timeframe, the ticket might be dismissed.

These are just some common defenses that can help you or a loved one facing a New Jersey leaving the scene of an accident ticket. Contact our office today for a consultation. 

Busted for Leaving the Scene in NJ? Permissive Inference Might Help!

Imagine this: you’re in a minor fender bender in New Jersey. Flustered, you drive away without exchanging information. Later, you get a ticket for leaving the scene of an accident. But wait! There might be a way out – a legal concept called a permissive inference. Here’s how it can potentially help your New Jersey leaving the scene of an accident case:

What’s a Permissive Inference?

Simply put, a permissive inference allows the court to assume something is true based on established facts, but it’s not a guaranteed finding. In a leaving the scene case, the permissive inference applies to:

• Knowledge of the Accident: New Jersey law states that if you were involved in an accident resulting in injury or damage exceeding $250, there’s a permissive inference that you knew about it. It doesn’t necessarily mean you did, but it puts the burden on you to prove otherwise.

How Does This Help My Ticket?

Here’s the key: the permissive inference only concerns knowledge, not the act of leaving. This means you can potentially argue that even if you knew about the accident, there might be a valid reason you left the scene (though always best to stay!).

Examples:

• Genuine Mistake: Maybe you were confused or panicked and mistakenly thought you exchanged information when you didn’t.
• Minor Damage Undetectable at the Scene: If the damage to your car was minor and hidden (like a scratch beneath dirt), you could argue you weren’t aware it required reporting.

Important Note: These are just possibilities, and their validity depends heavily on the specifics of your situation.

Consulting a Lawyer is Key! An experienced New Jersey traffic ticket attorney, such as Brett M. Rosen, can analyze your case, determine if a permissive inference applies, and build a strong defense strategy to fight the ticket or negotiate a favorable outcome. Contact our office today for a consultation regarding your hit and run ticket here in New Jersey. 

New Jersey Accident? Here’s What You MUST Do.

Being in a car accident can be scary and confusing, especially in a state like New Jersey with specific laws. But knowing what to do next can make a big difference. Here’s a clear guide to help you navigate the aftermath of an accident in New Jersey:

1. Check for Injuries (Your Top Priority):

• Ensure everyone involved in the accident is okay. Call 911 immediately if there are any injuries, no matter how minor they may seem.

2. Secure the Scene (Safety First):

• If possible, move your car out of traffic to avoid further accidents. Turn on hazard lights and use cones or flares if available to warn other drivers.

3. Exchange Information (Be Prepared):

• Gather and exchange information with all parties involved, including names, driver’s licenses, insurance details, and contact information. Take pictures of the damage to all vehicles involved and the surrounding scene if possible.

4. Report the Accident (Don’t Skip This Step):

• New Jersey law mandates reporting any accident resulting in injury, death, or property damage exceeding $500 to the local police department within 48 hours [NJ.gov].

5. Contact Your Insurance Company (Be Proactive):

• Inform your insurance company about the accident as soon as possible. They will guide you through the claims process.

Remember: Following these steps protects yourself and others involved in the accident. By acting responsibly and gathering necessary information, you’ll be in a better position to deal with the situation. However, legal matters can get complicated. If the accident is serious or you have concerns, consider consulting an experienced New Jersey car accident lawyer, such as Brett M. Rosen. Their expertise can ensure your rights are protected throughout the process. Contact our office today for a consultation regarding your hit & run ticket. 

N.J.S.A. 2C:12-1.1: Know Your Rights After a New Jersey Accident

Been in a car accident in New Jersey? In some cases, a leaving the scene of an accident ticket can be upgraded to criminal charges depending on the circumstances of what took place. Understanding the law (N.J.S.A. 2C:12-1.1) regarding leaving the scene can make a big difference. Here’s a breakdown to help you navigate this situation:

Don’t Drive Away Blindly! N.J.S.A. 2C:12-1.1 Explained

This New Jersey law outlines the responsibilities of drivers involved in motor vehicle accidents. It emphasizes staying at the scene, especially if:

• Anyone is injured: Rendering aid and calling 911 is crucial.
• There’s property damage: Exchanging information with all parties involved is essential. This includes names, driver’s licenses, and insurance details.
• The damage is significant: New Jersey requires reporting accidents exceeding $500 in property damage to the police within 48 hours.

Why is Staying at the Scene Important?

Leaving the scene is considered a serious offense in New Jersey. Here’s why following the law protects you:

• Avoid Criminal Charges: Fleeing an accident with injuries can lead to jail time (3rd or 4th degree crime).
  • 3rd degree crime carries up to 5 years in prison
  • 4th degree crime carries up to 18 months in prison
• Minimize Penalties: For property damage only, leaving the scene can result in hefty fines, license suspension, and surcharges.
• Protect Yourself Legally: Staying put allows you to exchange information and potentially gather evidence that strengthens your case in case of disputes.

What if There Was Minimal Damage or I Didn’t Know?

The law considers “knowingly” leaving the scene. If the damage was minor and undetectable at the moment, or you were genuinely unaware of an accident (due to mechanical failure or confusion), it might affect your charge.

Don’t Panic! Here’s What to Do After a Leaving the Scene Ticket in New Jersey

A leaving the scene of an accident ticket in New Jersey can be a confusing and frustrating experience. But fear not! Here’s a clear roadmap to navigate this situation and potentially minimize the impact:

1. Take a Deep Breath and Gather Information:

• Review the Ticket: Carefully examine the details on the ticket, including the alleged offense and the court date.
• Recall the Incident: Write down everything you remember about the accident, including the time, location, and any damage.
• Gather Evidence: If you have any evidence to support your case (witness statements, dashcam footage, proof of minor damage), hold onto it securely.

2. Understand Your Options (Without Legalese):

• Fighting the Ticket: You have the right to contest the ticket in court. Consider the defenses mentioned earlier (like minimal damage or mistaken identity) and see if they apply to your situation.

3. Explore Negotiation:

• Contacting the Prosecutor: In some cases, you might be able to negotiate with the prosecutor for a reduced charge or dismissal in exchange for attending driving school.

4. Considering an Attorney:

• Benefit of Experience: A New Jersey traffic ticket attorney can analyze your case, advise on the best course of action, and represent you in court. Their expertise can significantly increase your chances of a favorable outcome.

Contact our office today to discuss your case with our New Jersey leaving the scene of an accident lawyer. 

Frequently Asked Questions (FAQs)

1. What are the penalties for leaving the scene of an accident in New Jersey?

   • If the accident involves only property damage, penalties can include a fine of $200 to $400, a mandatory suspension of your license for up to 30 days, and possible jail time of up to 30 days.
   • For accidents involving injury or death, the penalties are more severe, including a fine of $2,500 to $15,000, a license suspension for one year, and a prison sentence of 3 to 5 years.

2. Are there different charges for leaving the scene of an accident with property damage versus injury or death?

   • Yes, leaving the scene of an accident that involves only property damage is charged under N.J.S.A. 39:4-129 as a traffic violation. However, if the accident involves injury or death, it’s also charged under 2C:12-1.1 as a criminal offense.

3. How does leaving the scene of an accident affect auto insurance rates in New Jersey?

   • Leaving the scene can lead to legal consequences that may result in fines or criminal charges, which can, in turn, increase insurance rates by an average of 82%. Additionally, points may be added to your driving record, leading to even higher rates.

4. What should I do after an accident in New Jersey?

   • Stay at the scene, exchange information with the other driver, and report the accident. This helps avoid legal issues and keeps insurance rates more stable.

5. How do police determine who left the scene of an accident?

   • Police may use witness statements, traffic cameras, vehicle damage assessments, and public help to determine who departed the accident scene.

6. What are the legal requirements for reporting an accident in New Jersey?

   • New Jersey law requires drivers involved in an accident to stop and exchange personal and insurance information. In cases involving injuries, a driver must also attempt to render aid.

7. Can I be charged if I wasn’t at fault but left the scene of an accident in New Jersey?

   • Yes, under N.J.S.A. 39:4-129, drivers who leave the scene of an accident can be charged regardless of fault.

8. What are the consequences of not reporting an accident in New Jersey?

   • Failure to report an accident can lead to legal issues, affect insurance claims, and result in penalties such as fines and points on your license.

9. What is the difference between a traffic violation and a criminal offense for leaving the scene of an accident in NJ?

   • A traffic violation is charged under N.J.S.A. 39:4-129 and typically involves property damage only. A criminal offense is charged under 2C:12-1.1 and involves accidents with injury or death, carrying more severe penalties.

10. If I leave the scene of an accident involving property damage, what are the consequences for a first and second offense in NJ?

    • For a first offense, you may face a fine of $200 to $400, up to 30 days in jail, and a mandatory suspension of your license for up to 30 days. A second offense raises the fine to $400 to $600, incarceration for not less than 30 days but not more than 90 days, and a mandatory 6-month loss of driver’s license.

11. How many points will be added to my driving record for leaving the scene of an accident in NJ?

    • You will receive 2 points on your driving record for leaving the scene of an accident involving only property damage.

12. What are the surcharges for accumulating points on my license in NJ?

    • New Jersey imposes a surcharge of $450 for drivers who accumulate six points on their license. An additional $75 is imposed for each point over six.

13. What are the penalties for leaving the scene of an accident with injuries or death in NJ?

    • The penalties include a fine of $2,500 to $15,000, a prison sentence of 3 to 5 years, and a one-year license suspension for injuries. If the accident results in death, it can be a second-degree indictable offense with a prison sentence of 5 to 10 years.

14. Can my driver’s license be permanently revoked for leaving the scene of an accident in NJ?

    • Yes, if a subsequent conviction occurs, the driver will lose his or her New Jersey driver’s license permanently.

15. Is jail time mandatory for leaving the scene of an accident in NJ?

    • Jail time is not mandatory but possible. For property damage only, up to 30 days for a first offense and 30 to 90 days for subsequent offenses. For accidents with injuries or death, up to 180 days for the traffic violation and 3 to 5 years for the criminal charge.

16. How to Fight a Leaving the Scene of an Accident Ticket in New Jersey?

    • If you have received a leaving the scene of an accident ticket in New Jersey, you have the right to plead not guilty and contest the charge in court. You may have several defenses available, depending on the facts of your case. Some possible defenses are:

      • Challenging the evidence or the testimony of the officer or the witness
      • Showing that you were not aware of the accident or the damage
      • Proving that you had a valid reason or excuse for leaving the scene
      • Negotiating a plea bargain with the prosecutor to reduce the charge or the penalties

      To fight a leaving the scene of an accident ticket in New Jersey, you may need the help of a professional attorney who has experience and expertise in traffic law. An attorney can advise you on the best course of action, represent you in court, and protect your rights and interests. Contact our office today to discuss your New Jersey ticket of leaving the scene of an accident.

Top-Shelf N.J. Leaving the Scene of an Accident Lawyer

Leaving the scene of an accident is a serious traffic violation in New Jersey that can have negative consequences for your driving record, your finances, and your freedom. If you have been charged with leaving the scene of an accident, you should not take it lightly or ignore it. You should consult with a qualified attorney and explore your options to fight the charge and minimize the impact on your life. There are many reasons why you might want to hire Brett M Rosen as your criminal defense lawyer for your leaving the scene of an accident ticket. Here are some of them:

• He has 8 years of experience in criminal law, domestic violence, DUI & DWI, and other related areas.
• He has been recognized as one of the top criminal defense attorneys of 2023 and selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years, a recognition that only 2.5% of attorneys in New Jersey receive.
• He has handled some high-profile cases involving celebrities and reality stars, and got them dismissed or reduced.
• He has tried numerous cases and stood ‘toe to toe’ at trial against current and former prosecutors, certified criminal and civil trial attorneys, as well as a certified matrimonial attorney.
• He has received excellent reviews from his clients, who praised his professionalism, aggressiveness, knowledge, accessibility, and results.
• He has settled close to $1 Million of personal injury cases within three months, showing his ability to negotiate favorable outcomes for his clients.

These are just some of the reasons why Brett M Rosen might be a good choice for your case. Contact us today to discuss your leaving the scene of an accident ticket.