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Leaving the Scene of an Accident

Aberdeen NJ Leaving the Scene of an Accident Attorney

A summons for leaving the scene of an accident in Tinton Falls or another municipality can have a devastating impact on your driving record. A conviction not only results in significant fines but also as many as eight (8) points on your license and a suspension of your driving privileges. If you have been charged with leaving the scene of an accident in Tinton Falls, Wall, Middletown, Neptune or another Monmouth County town, you should call our office immediately. Here at Marshall, Bonus, Proetta & Oliver we can provide skilled representation to the defense of a N.J.S.A. 39:4-129 violation as well as second degree and third degree leaving the scene charges under N.J.S.A. 2C:11-5.1 and N.J.S.A. 2C:12-1.1. We have over 100 years of experience handling motor vehicle and indictable offenses in this county and have even served as prosecutors in the region. Call our office to immediately speak to an attorney with the knowledge you require.

Charged With Leaving the Scene In Accordance With N.J.S.A. 39:4-129

N.J.S.A. 39:4-129 is a rather lengthy statute that sets forth the offense of leaving the scene of an accident. The gist of the law is to require a motorist to remain at the scene if they are knowingly involved in an accident involving death, injury or damage to property. A person acts knowingly if they have actual notice of the nature of their conduct (i.e. there was an accident) or if they are aware of a high probability that the incident occurred. Knowledge is presumed if the accident resulted in injury or death to any person or property damage in the amount of $250.00 or more.

The penalties that apply under N.J.S.A. 39:4-129 are dependent on the injuries and damages sustained as the result of the accident. The following is a breakdown of the penalties:

  • Accident With Personal Injury. There is a one (1) year driver’s license suspension, 180 days in jail and $2,500-$5,000 fine for a first offense. The license suspension escalates to life time for a second offense. There is also an assessment of eight (8) motor vehicle points.
  • Damage To Property or Vehicle. The penalties for a first offense include a $200-$400 fine, and up to 30 days in jail, and a six (6) month license suspension. A second or subsequent accident resulting in damage carries a fine of $400-$600, 30-90 days in jail, and a one (1) year revocation of your privilege to drive.

Although the time limit for filing most motor vehicle violations is thirty (30) days, this is not the case with a leaving the scene ticket. The law allows a summons under 39:4-129 to be issued within one (1) year of the violation.

Holmdel Leaving the Scene Defense Lawyer

Given the high volume of traffic along the Garden State Parkway and Route 35, Holmdel has more leaving the scene of an accident tickets than many municipalities in the area. Towns like Eatontown, Ocean and Howell arguably also fall within this realm. Irrespective of where you were arrested, however, you are going to want to retain a skilled defense lawyer to protect your interests. In the case of our firm, our success rate is significant in defending this charge. There are any number of explanations for our victories but experience appearing in courts throughout Monmouth County, as well as our knowledge in traffic defense, are definitely two of the primary reasons. To speak to an attorney at Marshall, Bonus, Proetta & Oliver immediately, call one of our local offices.