Facing Criminal Charges?

Your Reputation, Finances And Freedom Are On The Line.

  1. Home
  2.  » 
  3. Traffic Offenses and Driving Violations
  4.  » Leaving the Scene of an Accident

Leaving the Scene of an Accident


New Jersey Hit And Run Accident Attorney

In New Jersey if you have been charged with Leaving the Scene of an Accident, this is a serious offense. If convicted, this may result in the loss of your driver’s license forever, affecting your ability to work and care for your family. Don’t let a split second decision ruin your life.

Did You Leave The Scene Of An Accident?

My name is Anthony N. Palumbo, and I am Union County Traffic Attorney with other 35 years of criminal trial experience. I have handled countless charges for Leaving the Scene of an Accident and have successfully defended clients charged with traffic and criminal matters. I understand what it’s like to flee a scene in a moment of panic. Contact me at 908-643-6801 for a free initial consultation and we can discuss the circumstances of your case.

Our firm defends individuals accused of offenses in counties throughout the State of New Jersey such as Union County, Middlesex County, Somerset County, Hudson County, Essex County, Morris County, Ocean County and Monmouth County, and including the towns of Elizabeth, Linden, Clark, Rahway, Roselle, Garwood and more.

39:4-129 provides in part as follows:

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.

Overview of Penalties

Penalties for leaving the scene of the accident differ depending on the whether someone was injured in the accident or if there is just physical damage to the vehicles involved.

When someone is injured or dead:

First Offense

  • $2,500 to $5,000 in fines
  • Jail for 180 days
  • License suspension for one year for first offense

Second Offense

  • You never get your license back

Injury must be to someone other than the driver who left the scene

When there is only damage to the car:

First Offense:

  • $200-$400 dollars in fines
  • Jail up to 30 days
  • 6 month license suspension
  • 2 points on license

Second, Third or Subsequent Offense:

  • $400-$600 in fines
  • Jail for 30 to 90 days
  • One year suspension

Common Defenses

  • One common defense against leaving the scene of an accident is to assert there was no personal injury involved in order to downgrade the penalties. The penalties are lighter when there is only physical damage to the vehicles. An attorney will be able to determine whether an injury can be proved under the law or whether it would be better to utilize another defense.
  • Another possible defense is to assert that you did not realize you were in the accident. However, this defense is more difficult to prove when there is too much physical damage. When there is over $250 of damage, the court will assume that you knew about the accident and you will have to present evidence to prove otherwise. An attorney will know how to handle a situation like this, and will make sure to use the best defense available in your situation.

Contact me, Anthony N. Palumbo for a free initial consultation at 908-643-6801 and let’s discuss some possible defenses that can be used to defeat the charges against you. With 35 years of criminal trial experience, I know what defenses will work for you and I will make sure you receive the lightest sentence possible based on the circumstances of your case.