NJ Leaving Scene Accident

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NJ Leaving Scene Accident can be either a traffic offense or a criminal charge.

Everything depends on whether someone was injured in the accident.

For example, if you got into a minor fender-bender and drove away (for whatever reason), then you’re probably facing a traffic violation under N.J.S.A. 39:4 -129.

Now, if you were involved in leaving NJ Leaving Scene Accident because you drove off after realizing that someone suffered serious bodily injury, then you’re facing a 3rd-degree felony.

NJ Leaving Scene Accident Made Simple

We’ve broken it down for you here but if you want the complete law, you can find it at the bottom of this page.

NJ Leaving Scene Accident basics – If there is serious bodily injury, a person leaving the scene of an accident could be charged with N.J.S.A. 2C:12-1.1, “Knowingly leaving the scene of motor vehicle accident resulting in serious bodily injury”.

“Serious Bodily Injury” is defined as a bodily injury which:

  • Creates a substantial risk of death.
  • Causes serious, permanent disfigurement.
  • Causes protracted loss or impairment of the function of any bodily member or organ.

If convicted, will i go to jail?

Jail is a strong possibility.

In New Jersey, third-degree felonies have what is called a “Presumption of Non-Incarceration.”

This means that if convicted, the judge does not consider prison time as the first alternative for sentencing.

The judge will consider other alternatives like probation.
However, the presumption of non-imprisonment does not apply under N.J.S.A. 2C:12-1.1.
If you are convicted of leaving the scene after causing someone serious injury you be sentenced to prison.
It does not matter that you do not have a prior criminal record.

NJ Leaving Scene Accident & Assault By Auto

Can I be charged with NJ Leaving Scene Accident and assault by auto?

Unfortunately, the answer is yes.

The law says that being charged with one crime does not prevent being charged with the other crime.

Would I be subject to separate penalties?

Yes.
Being sentenced on one charge does not prevent being sentenced on the other charge.

But what if I had was unaware of any injuries to the other driver?
You cannot raise the ignorance defense.

For example, you cannot say “The only reason I left the scene of the accident was because I was unaware that someone got hurt. If I had known this, I would’ve stayed at the scene.”

The law in NJ states that if you are involved in a car accident, you must stop your vehicle and call the police or 911.
This means that you have to wait for the police to arrive.

NJ Leaving Scene AccidentTime Limits

In New Jersey, knowingly leaving accident scene resulting in serious bodily injury is a third-degree crime.

As a third-degree crime, the state has five years to file a complaint against the driver who left the scene.
The time limit to file a complaint is called a “statute of limitations.”

NJ Leaving Scene Accident Investigations

An officer who responds to the scene of an accident will look at many details to determine who caused the accident and who left the scene.
Most times drivers who flee the scene are ultimately identified.

As part of their investigation, detectives look at:

  • Car parts in the road.
  • Tire marks in the roadway.
  • Video footage from nearby stores or light poles.
  • Paint marks on any cars involved in the accident.

NJ Leaving Scene Accident Advice

You should contact us.

As New Jersey traffic and criminal defense lawyers, we are familiar with the law.
We know how to analyze the facts of your case, and determine your best defenses.
Leaving accident scene cases are extremely complicated.

NJ Leaving Scene Accident - Complete NJ Law 2C:12-1.1

Knowingly leaving the scene of motor vehicle accident resulting in serious bodily injury, third-degree crime.

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 of non-imprisonment outlined 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 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.

Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey complex as well as nearby cities. The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Get Help With Your Case

How Do Your Free Consultations Work?

There are plenty of excellent Hackensack criminal lawyers in our area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.

The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.

We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. 

When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

What our clients say about us

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jemsley canela
jemsley canela
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Lauren Serrano
Lauren Serrano
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Extremely professional, on time, and responds immediately with any questions or concerns I had. Exceptional lawyer!
John B.
John B.
01:36 10 Feb 23
I met Alan and right off the bat I knew he was a straight shooter........I was facing alot of time and he didn't sugar coat my worst outcome and best outcome for hiring him to defend me.He was very reasonable priced and answered all my questions even if I repeated myself.All the way upto my court date he was responsive to all my calls and concerns. Other lawyers wanted outrageous fees and would tell me what i wanted to hear. Alan isn't like that at all. Not only was my case dismissed but he gave me great life advice. He is a true definition of a scholar and a gentleman!!!!!
Geselle Linares
Geselle Linares
21:31 22 Jan 23
I just wanted to get on here and say how amazing Alan is. He is very friendly and professional. He took care of everything and thankfully I did not stress one bit. Every time I had a question he was sure to answer within a reasonable time. If anyone is thinking about hiring him do not hesitate to contact him or his team!
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Drew C
Drew C
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Just want to express my gratitude for Alan and how he handled the case in a professional, transparent and timely manner. I was pulled over on a bs stop and was hit with multiple fines on top of a criminal offense and it was handled as smoothly as I could possibly ask for. Thank you again Alan.
Aleco
Aleco
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This guy is down to earth friendly, easily works with you and is the best of the best when it comes to law. Alan really helped me out on a tough case and I couldn’t recommend anyone better.
Jonathan Rodriguez
Jonathan Rodriguez
15:16 05 Dec 22
Best lawyer in town very happy with the results, communication and pricing, Alan will fight for you to get the best results. After one year he never stop working in my case until he got what he wanted for me. 100% I will back if I ever need his help again.
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I wanted to wholeheartedly thank you for your expertise and wisdom regarding my matter. You fount hope for me when I thought there wasn’t any. Thank you for your exceptional service and professionalism you displayed throughout my case and afterwards. I had to make sure I left you a thoughtful review, as it was well needed. Once again thanks from the heart. I’d recommend you a thousand times. No fabricated representation, just real results.
D S
D S
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Absolutely Amazing Law Firm !! Very Thorough And And Doesn't Play Any Games .Thank You Again For all your help and Hard work Also Keeping my record Spotless !!!
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