Legal Question in Traffic Law in New Jersey

Consequences for leaving the scene

What are the consequences for admitting to leaving a scene of an accident on a parked car, and then pleading not guilty in court? Will I face definite suspension? My record is clean. Will I have to go to jail? I have never hit a parked car before, so when it happened I panicked and left. The next morning I voluntarily went to the station to file a report. Please help! Do I need representation? What do I do from here?


Asked on 4/18/05, 8:14 pm

5 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Consequences for leaving the scene

Leaving the scene of an accident, where there is no person injury or death, is an offense for which a six month license suspension is mandatory.

You are technically guilty of the offense becasue you were supposed to remain at the scene or go immediately to report the accident to the police if no police came to the accident scene. The fact that you had second thoughts and reported the accident without police coercion looks good and the prosecutor could amend the charge to failing to report an accident for which there is no license suspension penalty.

You do need the services of an attorney to make this work because accomplishing the amendment of the charge is not necessarily an easy task.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 4/19/05, 6:02 am
Yara Mouded Law Office of Yara Mouded

Re: Consequences for leaving the scene

Leaving the scene of an accident carries a 6 month license suspension, and fine between $200 and $400 dollars, and/or imprisonment for a period not more than 30 days. As this is a serious offense, you should retain legal representation. If you have any further questions, please feel free to contact this office.

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Answered on 4/19/05, 9:15 am
Blair Lane, Sr Earp Cohn, P.C.

Re: Consequences for leaving the scene

In general, the State has to prove you ommitted this offense, usually by the �beyond a easonable doubt: standard. If they fail to prove the charge you cannot be found guilty. If you plead guilty or are found guilty you are subject to points, fines and penalties. Seeking an advice of an attorney is always advisable.

Violation: 39:4-129. Action in case of accident

Penalties: $200.00 to $400.00 fine plus Court costs; Points: 2 6 mos loss of license

(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.

Blair C. Lane, Sr., Esquire, is admitted to practice law in the State of New Jersey and the Commonwealth of Pennsylvania. With more than 15 years experience, Blair represents clients in Municipal Courts throughout the State of New Jersey. The information contained in this response is intended to provide general information regarding a general legal question. This information contained in the response is not to be construed as legal advice and you should not rely upon any information as legal advice. Legal advice can only be obtained through a complete consultation with my office or an attorney admitted to practice law in your State. Any information obtained through this response should not be deemed to create any attorney/client relationship.

The law office of Blair C. Lane, Sr., provides �Personal - Professional� Legal Services for clients through out New Jersey and Pennsylvania with a diversified litigation practice, consisting of assisting clients and their families with various legal matters such as Traffic-Municipal Court Cases, (traffic tickets, drunk driving etc.) throughout the State of New Jersey.

Blair C. Lane, Sr. Attorney at Law

Two Split Rock Drive

Suite 5

Cherry Hill, NJ 08003

Telephone: 856-489-4353

Facsimile: 856-489-4363

E-MAIL: [email protected]

Web Site: www.njattorneyatlaw.com

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Answered on 4/19/05, 9:23 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: Consequences for leaving the scene

The consequences for leaving the scene of an accident can be heavy fines, points on your license, and at least a six month loss of your driver's license. I would advise you to hire a lawyer to represent you when you are facing such drastic penalties. I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. Please call me at 908-272-0111 to discuss your case in more detail. There is never any charge for simply talking about a case with me. Thank you.

SIncerely yours, Ronald Aronds, Esq.

www.njworkerscompensationlaw.com

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Answered on 4/19/05, 5:30 pm
John Ducey Law Offices of John G. Ducey, PC

Re: Consequences for leaving the scene

The driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle shall immediately stop his vehicle at the scene of such accident or as close thereto as possible, 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.

If you would like further info or to retain me please call me at 732-286-2170

John Ducey

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Answered on 4/18/05, 10:19 pm


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