Defending NJ 2C:12-1.1. Leaving the Scene of an Accident Resulting in Serious Personal Injury
After you read the following NJ criminal statute (leaving the scene of an accident) you may decide that you need the help of a lawyer, or need a legal interpretation of how this statute applies to your case. The firm of Villani & DeLuca has experienced criminal lawyers with over 30 years of experience, including a former municipal prosecutor. Call the number above for a free 24×7 phone consultation or read more about the assault charge.
Summary of the Charge
Leaving the scene of an accident is a criminal charge that can be issued by New Jersey law enforcement when a driver is involved in a car accident and leaves the scene of the accident which resulted in serious bodily injury to another person. The common statute that is written is leaving the scene of an accident resulting in injury under title 39 the motor vehicle statutes at 39:4-129(a).
Penalties for Standard and Serious Personal Injury Cases
Under the motor vehicle statute, the penalties can be a fine from $2,500 - $5,000, possible jail for up to 180 days, and a loss of license for (1) one year. This would be the penalty for a standard injury case. But where there is “serious” personal injury the charge is elevated to a third-degree criminal offense which could subject the defendant to (3) to (5) years in prison. Under this section, the presumption of non-incarceration does not apply which means the Judge is generally going to sentence a period of prison barring some compelling mitigating circumstances. It is not relevant whether or not the driver who left the scene knew that serious bodily injury occurred as a result. The crime of leaving the scene of an accident resulting in death is charged under N.J.S.A. 2C:11-5.1.
Prosecutor's Burden of Proof
A New Jersey motorist who knows that they have been involved in a car accident must immediately stop their vehicle at the scene of the accident or as close to the scene of the accident as possible and return to the scene. To prove that the defendant failed to do either, it must be established that they were aware that they left the scene of an accident or were aware of a high probability that they were leaving the scene of an accident. In addition to the act of leaving the scene, the prosecution must first prove that the defendant was operating a motor vehicle and was involved in an accident while doing so. Finally, the accident must have resulted in serious bodily injury to another person. Serious bodily injury is defined as bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of any bodily member or organ.
What is at Stake?
If the State can prove the required elements for leaving the scene of an accident and the defendant is convicted, he or she is guilty of a third-degree criminal offense. A third-degree crime comes with penalties of up to $15,000 in fines and the possibility of (3) three to (5) five years in prison. In addition to a charge for leaving the scene of an accident, the defendant could face charges under the offense of assault by auto under the New Jersey aggravated assault statute, with a separate sentence imposed for each conviction.
NJ Statute: 2C:12-1.1
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 if the accident results in serious bodily injury to another person. The presumption of non-imprisonment outlined in N.J.S.2C:44-1 shall not apply to persons convicted under the provisions of this section. If the evidence warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1 and a separate sentence shall be imposed upon each conviction. Notwithstanding the provisions of N.J.S.2C:44-5 or any other provisions of law, whenever in the case of such multiple convictions the court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively. For 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. L.1997, c.111, s.2; amended 2003, c.55, s.3; 2007, c.83, s.2.
See Also: 39:4-129. Leaving the scene of an accident
AKA: NJ Criminal Charge 2C:12-1.1, Violation 2C:12-1.1, Offense 2C:12-1.1
Disclaimer: A copy of this statute has been provided for your information. This wording was current from the NJ website lis.njleg.state.nj.us as of December 2023.