All CHARGES OF LEAVING THE SCENE OF AN ACCIDENT IN NJ HAVE A
MANDATORY LOSS OF YOUR LICENSE AND POSSIBLE JAIL!
Get the Best Lawyer  -  Get the Best Defense  -  Get Not Guilty Now
Penalties For: Leaving the Scene of an Accident
involving damages to any vehicle or property or
minor personal injury charged as a ticket:
39:4-129
1st Offense:
Six months loss of license, A fine of not less than
$200.00 nor more than $400.00 and or up to 30 days imprisonment.
2nd or subsequent offense: Six months loss of license a
fine of $400.00 to $600.00 and imprisonment for not less than 30
days nor more than 90 days.
Why You Need To Get The Best Lawyer:  
The loss of your license is mandatory for all
NJ Leaving the Scene of an Accident Charges!
It is important that you select a Lawyer not based on price but on experience and reputation.   
The Law Office of H. Scott Aalsberg has handled thousands of tickets and knows how to
reduce these penalties.   Under N.J. Law a driver of any motor vehicle involved in an accident
resulting in damage in the amount of $250.00 or more to any vehicle or property or an
accident resulting injury or death to any person shall be presumed to have knowledge that
he/she was involved in such accident.  Accordingly, even if you were not aware that an
accident occurred you may still be convicted of this offense and lose.  
Don't risk jail and the loss of your license, you need a proper defense. We can help.  Attorney
H. Scott Aalsberg, Esq. has a 98%* success rate of winning, reducing or eliminating the
penalties even for the guilty!  Don't give up, we can help!
Call 1-800-974-4487 for a Free In office Consultation
Criminal Charge: Leaving The Scene of an
Accident in New Jersey

2C:12-1.1.Is the New Jersey Criminal Charge for Leaving the scene of a
motor vehicle accident.

A motor vehicle operator who knows he is involved in an accident and
knowingly leaves the scene of that accident under circumstances that
violate the provisions of R.S.39:4-129 shall be guilty of a crime of the
third degree (3 to 5 years in jail) if the accident results in serious bodily
injury to another person. The presumption against imprisonment set
forth in N.J.S.2C:44-1 shall not apply to persons convicted under the
provisions of this section.

For the purposes of this section, neither knowledge of the serious
bodily injury nor knowledge of the violation are elements of the offense
and it shall not be a defense that the driver of the motor vehicle was
unaware of the serious bodily injury or provisions of R.S.39:4-129.

Review of the Law: Criminal Charge
Proving a criminal charge for knowingly leaving the scene of an
accident with serious personal injury can be complicated and the
criminal defense lawyers at our firm do our best to make sure the
prosecution is challenged in establishing each and every element of the
offense. The following is a discussion of major issues arising in these
types of cases:

A) Proving a Motor Vehicle Violation:
The prerequisite to establishing a violation of N.J.S.A. 2C:12-1.1 is
proof that the suspect violated N.J.S.A. 39:4-129. (the traffic ticket
offense).  It must be shown that the suspect failed to remain at the
scene after being involved in an accident. The obligation to exchange
information and credentials as required under the motor vehicle statute
would also have to be violated in order for a criminal indictment under
this statute to be sustainable.

B) The Accident Must Involve Serious Bodily Injury or Death:
The criminal charge of leaving the scene of an accidents requires that
someone sustained "serious bodily injury". The New Jersey criminal
code defines "serious bodily injury" as an injury involving a substantial
risk of death or resulting in serious permanent disfigurement or
protracted loss or impairment of the function of a bodily member or
organ.  But the State need not prove the defendant actually caused the
injury to the victim.  The State need only prove that the person was
involved in the accident and that he or she knowingly fled the scene.  
How and if the person knew he was involved in the accident is
determined by the judge or jury.

C) The State Does Not Have To Prove You Actually Hit The Victim:
The State must prove an injury in a criminal charge for leaving the
scene of an accident.  BUT the state does not have prove that your
vehicle actually hit the victim or that your vehicle even have contact with
the victim.  The state only need prove that the person charged with
leaving the scene of an accident knowingly fled the scene.

D)  Merger and Sentencing:
The presumption of non-incarceration for a first offense which would
otherwise apply for most 1st time offenders under the New Jersey
criminal code for a Third Degree, Fourth Degree or Municipal Court
charge does not apply to leaving the scene of an accident violations.
If you are charged with other criminal violations the law of this charge
mandates that the other charges are to be served consecutively not
concurrently.
Penalties For: Leaving the Scene of an Accident
involving serious bodily injury or death:

1st Offense: 3 to 5 years in jail with a presumptive term
of 4 years and a fine of up to $15,000.00*

*In addition to leaving the scene of an accident charge if a person
is injured as a result of either reckless driving or intoxication
additional charges may be filed up and until trial for aggravated
assault or assault by auto.  
Click here for additional details
H. SCOTT AALSBERG, ESQ., P.C.
NJ Traffic and Criminal Lawyers
39 Milltown Road, East Brunswick, N.J. 08816
1028 Route #23 North, Wayne, N.J. 07470
1-800-9-RIGHTS or 1-800-974- 4487
Top 50 New Jersey Towns for the Leaving the Scene of Accident Offenses: Woodbridge NJ, Lawrence NJ, Edison NJ, Bridgewater NJ, Cherry Hill NJ, Atlantic City NJ, Jersey City
NJ, Paramus NJ, Short Hills NJ, East Brunswick NJ, Clifton NJ, Clark NJ, Elizabeth NJ, Wayne NJ, Secaucus NJ, Deptford NJ, Eatontown NJ, Roxbury NJ, Freehold NJ, Princeton
NJ, Tinton Falls NJ, Paraums NJ, Ocean Township NJ, Burlington NJ, Edgewater NJ, Springfield NJ, Holmdel NJ, Bridgewater  NJ, East Windsor NJ, North Brunswick NJ, Clark
NJ Union NJ, Marlboro NJ, Piscataway NJ, Raritan NJ , Bridgewater NJ, Edison NJ,  Wayne NJ,  NJ, Tinton Falls NJ, New Brunswick NJ, Elizabeth NJ, Sayreville NJ, Union NJ and
Woodbridge NJ, Monroe NJ, Highland Park NJ, Edison NJ.
Leaving the Scene TICKET OFFENSE 39:4-129
Leaving the Scene CRIMINAL OFFENSE 2C:20-1
Traffic Ticket Charge: Leaving The
Scene of an Accident in New Jersey

39:4-129 is the New Jersey Traffic Ticket Charge for Leaving
the Scene of an Accident.  For this charge the persons does
not need to know that they were involved in an accident.

Review of the Law: Traffic Ticket Charge:

For the State of New Jersey to prove the charge of leaving the
scene of an accident 39:4-129 3 facts are required:
1) An accident must have occurred.
2) Damage must have occurred to a vehicle or property.
3) If an injury to a person has occurred (State vs. Sene) contact
with the victim is not required only that the person was involved
in the accident and knowingly fled the scene

New Jersey State Law permits a permissive inference to be
used by the court that the driver of any motor vehicle involved
in an accident resulting in damage in the amount of $250.00 or
more to any vehicle or property has knowledge that he/she was
involved in such accident (the fact that you may actually have
now known the accident happened unfortunately is irrelevant if
the damage is over $250.00).  Furthermore the law creates an
additional inference that the registered owner of the vehicle was
the person involved in the accident so if you are the owner of
the vehicle and you claim it was not you who got in the accident
you must actually prove in court that it was not you operating
the vehicle.  

NJ Law requires an individual to remain the scene of an
accident and exchange information and credentials with the
other driver and police.  

Purpose of the Law:  The purpose of the leaving the scene of
an accident law in NJ is to:
a) make it clear the responsibilities of a NJ Driver
b) provide for proper exchange of information between drivers
and law enforcement in NJ
c) require the vehicles to remain in the original accident position
so that law enforcement can determine who was the responsible
(at fault) party for the accident.
Understanding the Law for both Criminal and Traffic Tickets for Leaving the Scene of An Accident:
The motor vehicle offense for leaving the scene of an accident in NJ is set forth at N.J.S.A. 39:4-129 and starts as a ticket.  The criminal charge is
contained at N.J.S.A. 2C:12-1.1. and generally starts as criminal complaint (aka green sheet) The laws and names are similar and so is the action by
the person charged, the difference is mainly in regards to the penalties and punishment. To get the criminal version of this offense you must first have
violated the traffic ticket offense of leaving the scene of an accident plus have the additional fact that either a person was injured or killed.  The
criminal offense for leaving the scene of an accident is an indictable charge with up to 5 years in jail and is generally applied if death or serious injury
is involved and can be charged with other offenses such as assault by auto or death by auto. Unlike most crimes in the State of NJ the presumption
against incarceration does not apply even if the case is downgraded to municipal court.  However, whether you have a leaving the scene of an
accident ticket or criminal charge you need to know the law.  Below we have provided our review of the NJ law for leaving the scene of an accident:  
All CHARGES OF LEAVING THE SCENE OF AN ACCIDENT IN NJ
HAVE A MANDATORY LOSS OF YOUR DRIVERS LICENSE AND POSSIBLE JAIL!  
New Jersey has two grades of offenses for leaving the scene of an accident.  
The first grade is a traffic ticket and the other grade is a criminal offense.  Although the traffic
ticket offense seems just like a speeding ticket the penalties for leaving the scene of an
accident in NJ can be worse than even the penalties for a DWI.  For a first offense NJ Law
mandates potential jail even for the traffic ticket offense.  The jail for the ticket offense for
leaving the scene of an accident is for up to 30 days plus 6 months loss of your drivers license
this is not a small penalty.  For the Criminal Offense of leaving the scene of an accident the jail
time is between 18 months and 5 years.  The amount jail time depends on the extent of the
injury to any person or persons involved in the accident and the amount of property damage.  
Traffic Tickets for Leaving the Scene of an Accident are heard in the New Jersey Municipal
Courts and Criminal Offense for leaving the scene of an accident are heard in the New Jersey
County Superior Courts.  Either way you face possible jail - Get the Best Defense
The Fine Print and Website Use Agreement" ** Additional penalties and jail time may apply.   Please consult the New Jersey Code of Criminal Justice and Motor Vehicle Laws for
complete details on all fines and penalties as the penalties listed in this notice are for informational purposes on offenses we have handled and reduced in the past. *Past
performance is not indicative of future performance and each case is fact sensitive, thus, the need for the in office consultation for the attorney to evaluate your case.  Some
penalties may not apply to out of state residents please consult an attorney in your state of residence.  Leaving the scene of an accident is a serious charge you should give this
matter careful thought when hiring a lawyer to represent you in a leaving the scene of an accident charge.  Each lawyer in our office has over 15 years of experience handling these
type of cases, let our NJ leaving the scene of an accident lawyers help you get the not guilty verdict you need the consultation is Free the Results may be priceless!
HOW WE WIN A NJ LEAVING THE SCENE OF AN ACCIDENT CHARGES:
Obviously every charge of leaving the scene of an accident has different facts, but some facts are the same for every case.  The
Best way to win your charge is to not to have to prove anything.  It is the Prosecutors responsibility to prove you guilty, not your
responsibility to prove yourself innocent.  Attorney H. Scott Aalsberg, Esq., has over 23 years of experience handling NJ Leaving the
Scene of an Accident Charges.  Attorney Aalsberg knows the law and knows the best defenses.  Put Attorney Aalsbergs' success to
work for you!  With over 10,000 cases successfully resolved by our firm in the municipal and criminal courts of NJ, and Attorney
Aalsbergs' 98%* success rate of winning, reducing or eliminating the penalties, you can be assured that you will get the best defense
to win. Attorney Aalsberg's success is nationaly recognized by his peers and he is ranked one of the Top Ten Criminal Lawyers by
the National Academy of Criminal Defense Attorneys, One of the Top 100 Trial Lawyers by the National Trial Lawyers and was
ranked as one of the Ten Best Lawyers for client satisfaction by the National Institute of Criminal Law Attorneys.  Attorney Aalsberg
Serves All Courts in the State of NJ so not matter where your charge is don't worry he can help you.  Call 24/7 to setup your free in
office consultation and learn how Attorney H Scott Aalsberg can help you Win, Reduce or Eliminate the Penalties.
All Commercial Licensed Drivers Face Additional Penalties and Suspension Periods contact attorney for details 49 CFR 391.15
How to Win a Leaving the Scene of an Accident Charge in NJ:
Now that you have read our website its time to win. The best and easiest way to
win your charge is to get the best lawyer.  Attorney H. Scott Aalsberg, Esq.,  has
been ranked one of the TOP TEN Criminal Lawyers by the National Academy of
Criminal Defense Attorneys, Selected by the National Trial Lawyers to be one of the
Top 100 Trial Lawyers and is rated as a Top Criminal Lawyer with a perfect 10.0
score by AVVO lawyer rating website. Put this recognized success to work for you
to win call 1-800-9-RIGHTS now!
98%  Success Rate of
Winning - Reducing or
Eliminating the Penalties
98%  Success Rate of
Winning - Reducing or Eliminating the Penalties
(*Success Rate of Attorney H. Scott Aalsberg, Esq., Associate Attorney Rates are lower)
1-800-9-RIGHTS
Free In Office Consultation
H. Scott Aalsberg, Esq., P.C.
Leaving the Scene TICKET OFFENSE 39:4-129
Leaving the Scene CRIMINAL OFFENSE 2C:12-1.1

In Leaving the Scene of an Accident Charges involving a
personal injury the State need not prove that the vehicle
actually caused the victims injury and even contact with the
victim is not required (State vs. Sene)  The State need only
prove that the person was involved in the accident and
knowingly fled the scene

For All NJ Leaving the Scene of an Accident Charges the
presumption of non-incarceration for a 1st time offenders
does not apply.  However, it is not mandatory that a judge
imposes a jail sentence if you are found guilty, thus the
need for the best lawyer to get you the best results.  

The law allows the police to either serve personally or mail
tickets for leaving the scene of an accident to your home.   For
the ticket version of this offense the State has one year to send
or serve you the ticket this is called the statute of limitations, the
time by which you must be served.  If you were served by mail
do not ignore your court date.  If you miss your court date a
warrant for your arrest may issue and your NJ driving privileges
may be suspended indefinitely and you are subject to additional
jail time.   Do not ignore these charges get help now.
Leaving the Scene TICKET OFFENSE 39:4-129
Leaving the Scene CRIMINAL OFFENSE 2C:12-1.1
Copyright 2017 H. Scott Aalsberg, Esq., P.C.
98%  Success Rate of
Winning - Reducing or Eliminating the Penalties
(*Success Rate of Attorney H. Scott Aalsberg, Esq., Associate Attorney Rates are lower)
1-800-9-RIGHTS
Free In Office Consultation
H. Scott Aalsberg, Esq., P.C.
No Aspect or the Awards/Accolades mentioned herein has been approved by the Supreme Court of New Jersey.  Click here for a link on the methodology of each award
No Aspect or the Awards/Accolades mentioned herein has been approved by the Supreme Court of New Jersey.  Click here for a link on the methodology of each award