39:4-129(d) Leaving
the scene of
accident involving
damages to
unattended
vehicle or property
First offense: Fine
or
imprisonment not
exceeding 30
days, or both, and
suspension of
driving privileges
for six months
from date of
conviction
$200 $400
Subsequent offense:
Fine or
imprisonment not
less than 30
days nor more than
90 days, or
both, and
suspension of driving
privileges for 1
year from date of
conviction
$400 $600
|
NJ
MVC Points 39:4-129 Leaving scene of accident- No injuries
|
2
|
Plus 2
car insurance points
39:4-129, 39:4-130 Leaving Scene of Accident and
Failure to Report, Car Accident
Kenneth Vercammen's Law
office represents individuals charged with criminal and serious traffic
violations throughout New Jersey. There is mandatory 6 month loss of license
for leaving the scene. Our goal as the attorney is to negotiate with the
prosecutor to reduce down to a violation with no suspension.
39:4-129 Action in case of accident.
39:4-129 . (a) The driver of any
vehicle, knowingly involved in an accident resulting in injury or death to any
person shall immediately stop the vehicle at the scene of the accident or as
close thereto as possible but shall then forthwith return to and in every event
shall remain at the scene until he has fulfilled the requirements of subsection
(c) of this section. Every such stop shall be made without obstructing
traffic more than is necessary. Any person who shall violate this
subsection shall be fined not less than $2,500 nor more than $5,000, or be imprisoned
for a period of 180 days, or both. The term of imprisonment required by
this subsection shall be imposed only if the accident resulted in death or
injury to a person other than the driver convicted of violating this section.
More info at http://www.njlaws.com/leaving_the_scene.html
In addition, any person
convicted under this subsection shall forfeit his right to operate a motor
vehicle over the highways of this State for a period of one year from the date
of his conviction for the first offense and for a subsequent offense shall
thereafter permanently forfeit his right to operate a motor vehicle over the
highways of this State.
(b)The driver of any vehicle knowingly involved
in an accident resulting only in damage to a vehicle, including his own
vehicle, or other property which is attended by any person shall immediately
stop his vehicle at the scene of such accident or as close thereto as possible,
but shall then forthwith return to and in every event shall remain at the scene
of such accident until he has fulfilled the requirements of subsection (c) of
this section. Every such stop shall be made without obstructing traffic
more than is necessary. Any person who shall violate this subsection
shall be fined not less than $200 nor more than $400, or be imprisoned for a
period of not more than 30 days, or both, for the first offense, and for a
subsequent offense, shall be fined not less than $400 nor more than $600, or be
imprisoned for a period of not less than 30 days nor more than 90 days or both.
In addition, a person who violates this
subsection shall, for a first offense, forfeit the right to operate a motor
vehicle in this State for a period of six months from the date of conviction,
and for a period of one year from the date of conviction for any subsequent
offense.
(c)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 operators
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.
In the event that none of the persons specified
are in condition to receive the information to which they otherwise would be
entitled under this subsection, and no police officer is present, the driver of
any vehicle involved in such accident after fulfilling all other requirements
of subsections (a) and (b) of this section, insofar as possible on his part to
be performed, shall forthwith report such accident to the nearest office of the
local police department or of the county police of the county or of the State
Police and submit thereto the information specified in this subsection.
(d)The driver of any vehicle which knowingly
collides with or is knowingly involved in an accident with any vehicle or other
property which is unattended resulting in any damage to such vehicle or other
property shall immediately stop and shall then and there locate and notify the
operator or owner of such vehicle or other property of the name and address of
the driver and owner of the vehicle striking the unattended vehicle or other
property or, in the event an unattended vehicle is struck and the driver or
owner thereof cannot be immediately located, shall attach securely in a
conspicuous place in or on such vehicle a written notice giving the name and
address of the driver and owner of the vehicle doing the striking or, in the event
other property is struck and the owner thereof cannot be immediately located,
shall notify the nearest office of the local police department or of the county
police of the county or of the State Police and in addition shall notify the
owner of the property as soon as the owner can be identified and located. Any
person who violates this subsection shall be punished as provided in subsection
(b) of this section.
(e)There shall be a permissive inference that
the driver of any motor vehicle involved in an accident resulting in injury or
death to any person or damage in the amount of $250.00 or more to any vehicle
or property has knowledge that he was involved in such accident.
For purposes of this section, it shall not be a
defense that the operator of the motor vehicle was unaware of the existence or
extent of personal injury or property damage caused by the accident as long as
the operator was aware that he was involved in an accident.
There shall be a permissive inference that the
registered owner of the vehicle which was involved in an accident subject to
the provisions of this section was the person involved in the accident;
provided, however, if that vehicle is owned by a rental car company or is a
leased vehicle, there shall be a permissive inference that the renter or
authorized driver pursuant to a rental car contract or the lessee, and not the
owner of the vehicle, was involved in the accident, and the requirements and
penalties imposed pursuant to this section shall be applicable to that renter or
authorized driver or lessee and not the owner of the vehicle.
Any person who suppresses, by way of concealment
or destruction, any evidence of a violation of this section or who suppresses
the identity of the violator shall be subject to a fine of not less than $250
or more than $1,000.
Amended 1940, c.147; 1967, c.189, s.1; 1977,
c.407; 1978, c.180; 1979, c.463, s.1; 1994, c.183, s.1; 2003, c.55, s.1; 2007,
c.266, s.1.
39:4-130 Immediate notice of accident;
written report.
39:4-130. The driver of a vehicle or street car
involved in an accident resulting in injury to or death of any person, or
damage to property of any one person in excess of $500.00 shall by the quickest
means of communication give notice of such accident to the local police department
or to the nearest office of the county police of the county or of the State
Police, and in addition shall within 10 days after such accident forward a
written report of such accident to the commission on forms furnished by it.
Such written reports shall contain sufficiently detailed information with
reference to a motor vehicle accident, including the cause, the conditions then
existing, the persons and vehicles involved and such information as may be
necessary to enable the chief administrator to determine whether the
requirements for the deposit of security required by law are inapplicable by
reason of the existence of insurance or other circumstances. The chief
administrator may rely upon the accuracy of the information contained in any
such report, unless he has reason to believe that the report is
erroneous. The commission may require operators involved in accidents to
file supplemental reports of accidents upon forms furnished by it when in the
opinion of the commission, the original report is insufficient. The
reports shall be without prejudice, shall be for the information of the
commission, and shall not be open to public inspection. The fact that the
reports have been so made shall be admissible in evidence solely to prove a
compliance with this section, but no report or any part thereof or statement
contained therein shall be admissible in evidence for any other purpose in any
proceeding or action arising out of the accident.
Whenever the driver of a vehicle is physically
incapable of giving immediate notice or making a written report of an accident
as required in this section and there was another occupant in the vehicle at
the time of the accident capable of giving notice or making a report, such
occupant shall make or cause to be made said notice or report not made by the
driver.
Whenever the driver is physically incapable of
making a written report of an accident as required by this section and such
driver is not the owner of the vehicle, then the owner of the vehicle involved
in such accident shall make such report not made by the driver.
In those cases where a driver knowingly violates
the provisions of this section by failing to make a written report of an
accident, there shall be a permissive inference that the registered owner of the
vehicle which was involved in that accident was the person involved in the
accident; provided, however, if that vehicle is owned by a rental car company
or is a leased vehicle, there shall be a permissive inference that the renter
or authorized driver pursuant to a rental car contract or the lessee, and not
the owner of the vehicle, was the person involved in the accident, and the
requirements and penalties imposed pursuant to this section shall be applicable
to that renter or authorized driver or lessee and not the owner of the vehicle.
Any person who suppresses, by way of concealment
or destruction, any evidence of a violation of this section or who suppresses
the identity of the violator shall be subject to a fine of not less than $250
or more than $1,000.
A written report of an accident shall not be
required by this section if a law enforcement officer submits a written report
of the accident to the commission pursuant to R.S.39:4-131.
Except as otherwise provided in this section, a
person who knowingly violates this section shall be fined not less than $30 or
more than $100.
The chief administrator may revoke or suspend
the operators license privilege and registration privilege of a person who
violates this section.
For purposes of this section, it shall not be a
defense that the operator of the motor vehicle was unaware of the existence or
extent of personal injury or property damage caused by the accident as long as
the operator was aware that he was involved in an accident. Copyright
2016 Vercammen Law
