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.

Our Practice Areas

Below, you will find a few of our practice areas.

Areas We Serve

Our Hackensack criminal lawyers represent clients in Bergen County & nearby counties & cities. 

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

Peyrouton Law
4.9
Based on 201 reviews
Ronald Yee
Ronald Yee
1694793630
Peyrouton Law, LLC. has lifted the writer from a most serious legal issue that could have lead to incarceration as well as a very hefty fine. This attorney took immediate charge and was able to reduce the fine to one-half of the posted amount. Further at the time of first contact, Attorney Alan Peyrouton informed that within three years passing, Expungement would be -in fact- forthcoming.That time has come with Full Grant Of Expungement for which this writer will forever be grateful: a promise made and kept!!This attorney stood by this client and always available for consultation, never adding to the retainer fee paid, which also included the New Jersey State processing charge for expunging.The "Night-Mare" is over and the legal issue is erasedas if nothing happened almost three years ago.One can not go wrong by selecting this Exceptional Law Firm.Exceptional Value, Personal Service, Expertise, Professionalism, Etc. - All: Outstanding!!Respectfully submitted,Ronald Yee- Continuing Client.
Romario Guthrie
Romario Guthrie
1694044337
Depressed, confused, tired, giving up was all I was doing due to my charges I got and had to face until my attorney Alan showed up… my charges was definitely gonna put me away behind close doors and more than likely deported …it took 2+ years of investigations before we’ve heard anything at all .. lawyer Peyrouton called,left messages ,emailed throughout this time until he found a status for my case … by then it was so tense where it’d be federal where it was already pending at the Supreme Court but Alan worked his wonders and got it to the municipal court (don’t ask me how ) lol … (2 charges) he always shows up for court ,keeps me updated on everything as long as he heard any news …at the end of this hectic time of my life ,Alan could of made it possible for 1 of 2 to be dismissed and the other was lowered to a little over nothing charge ….being grateful is an understatement for me cause I surely thought this was the end but with an awesome lawyer that will work in silence but diligently , u can never go wrong ! Thank you again Alan 🫶🏽
zine benyahia hadria
zine benyahia hadria
1694035843
Thanks for your help Mr Allen
Eugene Kong
Eugene Kong
1693412197
Thank you so much, Alan! Alan saved me from getting a felony on my record and I only ended up having to pay court fees. I will be eternally grateful to you, Sir! I recommend this man to anybody who makes a mistake or gets in trouble.
AntRipollJr
AntRipollJr
1693344102
Allen took a case for me that could have had an enormous detrimental effect on my life . I was extremely nervous, but he assured me that with his extensive experience and knowledge, that I had nothing to worry about. He also was very clear to explain the potential and harmful consequences of this infraction. He got my case dismissed. Thank you, Allen!
Jessica Richardson
Jessica Richardson
1693238749
Attorney Alan G. Peyrouton has been a blessing to me. He was able to get my criminal charge dismissed on a first appearance with a low fine. Trust me, it wasn’t easy and he was quick to take on my case. Although my case was a misdemeanor, it still weighed heavy on my career, my reputation and being a divorced / single parent. Thank you Alan for your quick response and handling my case in a quickly matter. Your representation of my truthful character was solid and I will always appreciate you for that!
Orelda Williams
Orelda Williams
1693008599
Alan Peyrouton is a great lawyer. Answer calls and text messages promptly. Cares about his clients and he is a very kind person over all . My experience were awesome I will recommend others to him 😊
Vijay C
Vijay C
1692904964
He is very knowledgeable and polite ,impromptu whenever I called ,texted or meet him for all my doubts . Professional and trustworthy at his work
anup patil
anup patil
1692151094
Very much professional in his work, always approachable and responds quickly to all the calls or messages.Very much knowledgeable and smart to his work . Never took unnecessary charges/ fees .
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