Leaving the Scene of an Accident in New Jersey

N.J.S.A. 39:4-129 · Moving Violations & Driving Offenses

What the law says

A driver knowingly involved in an accident must stop and remain at the scene when the accident causes injury or death, or damage to an attended vehicle or other property. Drivers involved in accidents must provide identifying and vehicle information and render required assistance; drivers who damage unattended vehicles or property must notify the owner or take the specified alternative steps.

Motor vehicle offenses like this are heard in the municipal court where the ticket was issued. A motor vehicle conviction isn't a criminal record, but it can bring fines, MVC points, surcharges, license suspension, and higher insurance costs.

What the statute covers

Key rules in N.J.S.A. 39:4-129 that the State relies on:

Penalties in the statute

• For a violation of subsection (a), a fine of not less than $2,500 nor more than $5,000, or imprisonment for a period of 180 days, or both.
• The term of imprisonment required by subsection (a) shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted of violating this section.
• For a first offense under subsection (a), forfeiture of the right to operate a motor vehicle over the highways of this State for a period of one year from the date of conviction; for a subsequent offense, permanent forfeiture of that right.
• For a first offense under subsection (b), a fine of not less than $200 nor more than $400, or imprisonment for a period of not more than 30 days, or both.
• For a subsequent offense under subsection (b), a fine of not less than $400 nor more than $600, or imprisonment for a period of not less than 30 days nor more than 90 days, or both.
• For a first offense under subsection (b), forfeiture of the right to operate a motor vehicle in this State for a period of six months from the date of conviction; for any subsequent offense, forfeiture for a period of one year from the date of conviction.
• A violation of subsection (d) shall be punished as provided in subsection (b).
• A 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 is subject to a fine of not less than $250 or more than $1,000.

MVC points and surcharges

• Points: 2 points when no one was injured; 8 points when there was personal injury.
• Collecting 6 or more points within three years brings a surcharge of $150 plus $25 for each additional point, and 12 or more points leads to a license suspension.

Other rules that can matter

• Every stop required by subsections (a) and (b) shall be made without obstructing traffic more than is necessary.
• If none of the persons entitled to receive the information under subsection (c) is in condition to receive it and no police officer is present, the driver, after fulfilling all other requirements of subsections (a) and (b) insofar as possible, shall forthwith report the accident to the nearest office of the local police department, county police, or State Police and submit the information specified in subsection (c).
• If an unattended vehicle is struck and its driver or owner cannot be immediately located, the driver shall securely attach in a conspicuous place in or on the vehicle a written notice giving the name and address of the driver and owner of the striking vehicle.
• If unattended other property is struck and its owner cannot be immediately located, the driver shall notify the nearest office of the local police department, county police, or State Police and shall also notify the owner as soon as the owner can be identified and located.
• There is a permissive inference that a driver of a motor vehicle involved in an accident resulting in injury or death, or damage in the amount of $250.00 or more to any vehicle or property, knew that the driver was involved in the accident.
• It is not a defense that the operator was unaware of the existence or extent of personal injury or property damage caused by the accident, as long as the operator was aware of being involved in an accident.
• There is a permissive inference that the registered owner of a vehicle involved in an accident subject to this section was the person involved. If the vehicle is owned by a rental car company or is leased, there is instead a permissive inference that the renter or authorized driver pursuant to a rental car contract, or the lessee, and not the owner, was involved; the requirements and penalties apply to that renter, authorized driver, or lessee and not the owner.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Radar and lidar calibration and operator training records
• Officer observation and the officer's vantage point
• Negotiating to a lower-point or no-point offense
• Protecting CDL holders and drivers close to suspension

What to do right now

1. Don't pay the ticket online. Paying is a guilty plea.
2. Check your driver history abstract so you know your current points.
3. Keep the summons and write down what happened at the stop.
4. Tell your lawyer if you hold a CDL or already have points or suspensions.
5. Call before your court date. Many tickets can be resolved without you missing work.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Leaving the Scene of an Accident charge.

Related charges

• Reckless Driving →
• Careless Driving →
• Unsafe Operation of a Motor Vehicle →
• Speeding →
• Racing on Highways →
• Failure to Report an Accident →
• Using a Handheld Cell Phone While Driving →
• Failure to Observe a Traffic Signal (Red Light) →

Sources

• N.J.S.A. 39:4-129 on Justia (2024 New Jersey Revised Statutes)
• NJ MVC points schedule
• NJ MVC surcharges

Statute summaries are based on the 2024 compilation of the New Jersey Revised Statutes. Laws change, so confirm the current version with counsel.

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.