Leaving the Scene of an Accident "hit-and-run statute" N.J.S. 39:4-129

In New Jersey, the charge of Leaving the Scene of an Accident or the "hit-and-run" statute in violation of N.J.S.A. 39:4-129 is a very serious offense. The charge can involve fines, license suspension, and even jail, depending on whether or not there was an injury involved and/or the extent of any property damage involved in the accident. Conviction for leaving the scene of an accident involves mandatory license suspension (ranging from six months to a year) for the first offense. It is very important to contact an experienced lawyer to represent you, if you have been charged with leaving the scene of an accident or "hit-and-run" in New Jersey. Aiman Ibrahim,  is a criminal defense lawyer and he has experience in handling serious motor vehicle offenses, including leaving the scene of an accident or a "hit-and-run."

The purpose of the "hit-and-run" statute (this section) is to prohibit automobile driver involved in accident from evading their responsibilities by escaping or departing before his identity is made known.

In order for the State to prove a leaving the scene of an accident charge, they must show that the driver was knowingly involved in an accident. What this presumes is that the State can also prove  operation, which is usually established by witness testimony or admissions made by the accused. "Knowingly" involved in an accident means that the driver was actually aware that he was involved in an accident or, that given the circumstances, he reasonably should have been aware that an accident had occurred. A person acts knowingly with respect to the result of his conduct if he is aware that it is practically certain that his conduct will cause such a result. It should also be kept in mind that in those instances where the prosecutor is seeking to impose penalties based on personal injury or significant property damage, those elements must also be established in order to convict. The law and standard for proving a charge of leaving the scene of an accident charge is illustrated in the New Jersey case of State v. Kay.

Penalties for Violation of 39:4-129 are as follow:

• §1st Offense: $500 to $1,000 or imprisoned for 180 days or both.
• §2nd Offense: Not less than $1,000 nor more than $2,000 or imprisoned for 180 days or both.