Leaving the Scene of an Accident
Knowingly leaving the scene of an accident carries serious consequences if you are convicted in Brick, Manchester, Stafford or another Ocean County municipality. You will need a savvy lawyer if you want to escape a license suspension and other penalties that result from leaving the scene. The attorneys at Law Offices of Jonathan F. Marshall have defended countless clients charged with leaving the scene of an accident over the last several decades. We are former prosecutors in 15 or more municipalities in Ocean County including Lacey, Toms River and Jackson. To review the circumstances of your ticket or summons with a lawyer on our staff, contact our Toms River Office at (732) 286-6500. Lawyers are available 24/7 to answer your call and initial consultations are free of charge.Leaving the Scene of an Accident Charge in Ocean County
The leaving the scene of an accident law is set forth at N.J.S.A. 39:4-129. In order to convict you under this statute, the prosecutor must prove that you were: (1) the operator of a motor driver of the vehicle; (2) that was involved in an accident; (3) which you knew had occurred; and (4) the accident resulted in death, injury or property damage.
Penalties for Leaving the Scene of an Accident
Knowing Involvement in an Accident. The requirements of 39:4-129 are triggered if someone is "knowingly involved" in an accident resulting in death, injury or damage to property. An inference of knowledge is created when there is property damage of $250 or more resulting from the accident.
Definition of "Injury" Under N.J.S.A. 39:4-129. All that this law contemplates is an injury. Even momentary pain suffices for this purpose. There is no requirement that an individual involved in the accident seek or obtain medical treatment in order for their to be an injury.
Plea Bargaining in Leaving the Scene Cases. There is no prohibition against plea bargaining in a leaving the scene case although the "victim" is often consulted before a downgrade is offered.
Statute of Limitation. The 30 day limitation period for filing a motor vehicle summons is extended to one-year for leaving the scene of an accident.
Nature of Offense
First Offense - no injuries
Up to 30 Days
First Offense - with injuries
Up to 180 Days
Second Offense - no injuries
Second Offense - with injuries
Leaving the scene of an accident can clearly result in dire ramifications, especially where someone is injured. Hiring a qualified attorney is pivotal if you want to maintain your driving privileges and avert other penalties (e.g. jail). Law Offices of Jonathan F. Marshall is a powerful defense firm with lawyers that possess over 100 years of combined experience appearing in Point Pleasant, Barnegat, Ocean Township, Eagleswood, Lakewood and other courts in Ocean County. We know what it will take to successfully defend your leaving the scene charge and are prepared to undertake those efforts that are necessary to fully protect your interests. To discuss your case with a lawyer immediately, call (732) 286-6500.
Leaving the Scene of an Accident Attorneys at Law Offices of Jonathan F. Marshall, 10 Allen St #2Dreet, Toms River, NJ 08753, defend clients charged in Brick, Manchester, Stafford, Point Pleasant, Barnegat, Ocean Township, Eagleswood, Lakewood, Lacey, Toms River, Jackson and other Ocean County communities.Related Leaving the Scene of an Accident Resources