Bergen County Criminal Lawyer with Offices in Paramus, New Jersey

leaving the scene of an accidentTravis J. Tormey is an experienced defense attorney who serves on behalf of clients facing a vast array of charges, ranging from arson to theft. With centrally located offices in Paramus and Morristown, he appears in courts throughout Northern New Jersey, including Saddle Brook, Hackensack, and Ridgefield Park. Having represented clients in such a wide variety of cases, Mr. Tormey has specifically formulated tactics to combat charges such as DWI , driving with a suspended license, and leaving the scene of an accident.

His extensive experience has enabled Mr. Tormey to accumulate a repository of information regarding New Jersey law in areas ranging from criminal charges to traffic violations. This enables him to identify the nuances involved in each case and thus, to best represent his clients. In fact, Mr. Tormey has been cited as a legal resource in a number of publications, including The Daily Record and The Bergen Record, as well as the AOL News. Feel free to contact him at his office at (201) 556-1570, as he provides free legal consultations.

Leaving the Scene of an Accident – Motor Vehicle Violation: N.J.S.A. 39:4-129

In New Jersey, all traffic violations are governed under Title 39. Motor vehicle violations pertaining to Leaving the Scene of an Accident offenses are detailed specifically in N.J.S.A. 39:4-129.

According to N.J.S.A. 39:4-129:

Action in case of accident

(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.

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 operator’s 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.

Leaving the Scene of an Accident – Motor Vehicle Violation: Potential Penalties

Leaving the Scene of an Accident offenses are subject to a variety of penalties, depending on the circumstances of the specific case. Specifically, the punishments involved depend on whether the accident resulted solely in damage to a vehicle or if the injury or death of another individual occurred at the time. The penalties associated with this particular offense can entail the following:

Damage only: First offense

  • A fine ranging from $200.00 to $400.00
  • A license suspension of 6 months
  • A sentence to serve up to 30 days in the jail of the county in which the offense occurred
  • 2 New Jersey Motor Vehicle points on your driver’s license

Damage only: Second offense

  • A fine ranging from $400.00 to $600.00
  • A license suspension of 1 year
  • A sentence to serve between 30 and 90 days in the jail of the county in which the offense occurred
  • 2 New Jersey Motor Vehicle points on your driver’s license

Personal Injury or Death

  • A fine ranging from $2,500.00 to $5,000.00
  • A sentence to serve 180 days in the jail of the county in which the offense occurred
  • A license suspension of 1 year for a first offense
  • Permanent license forfeiture for a second offense
  • 8 New Jersey Motor Vehicle points on your driver’s license

Finding Representation for Your Leaving the Scene of an Accident Case

If you or someone you love has been charged with Leaving the Scene of an Accident, you could be facing serious consequences including a prison term and a period of license suspension. As such, it is imperative to have a knowledgeable defense attorney on your side. Contact The Tormey Law Firm, LLC. today at (201)-556-1570 for a free consultation.

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Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

The Tormey Law Firm

Areas we serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

  • Hackensack Office

    254 State Street Hackensack, NJ 07601

    (201) 556-1570

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  • Morristown Office

    55 Madison Avenue Suite 400, Morristown, NJ 07960

    (908) 336-5008

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