Leaving Scene of an Accident Ticket Attorney Elizabeth, NJ

Understanding the Gravity of Leaving the Scene of an Accident in New Jersey

Leaving the scene of an accident, often referred to as a “hit and run,” is a serious offense in New Jersey that carries significant penalties. Even if the accident seems minor, failing to stop and fulfill your legal obligations can result in criminal charges, license suspension, fines, and even jail time.

If you or a loved one is facing a leaving the scene of an accident charge in Elizabeth, NJ, it is vital to understand the legal ramifications and seek experienced legal representation to protect your rights and mitigate the potential consequences. Here’s why Brett M. Rosen is the best choice for your defense:

1. Proven Track Record of Success

Brett M. Rosen has a stellar reputation for winning challenging cases. His expertise in criminal defense has led to numerous acquittals and favorable verdicts. His ability to navigate complex legal situations ensures that you have the best chance of a positive outcome.

2. Specialized Knowledge in Criminal Law

Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, Brett M. Rosen possesses specialized knowledge and skills that are crucial for defending against traffic tickets, criminal charges, and more. His deep understanding of New Jersey’s legal system allows him to craft effective defense strategies tailored to your case.

3. Personalized Legal Representation

Brett M. Rosen is known for his personalized approach to legal representation. He takes the time to understand the unique aspects of each case and works closely with clients to develop a defense strategy that addresses their specific needs. This individualized attention ensures that you receive the best possible defense.

Contact him now at 908-312-0368!

New Jersey’s Hit and Run Laws: N.J.S.A. 39:4-129

New Jersey’s hit-and-run law, N.J.S.A. 39:4-129, mandates that drivers involved in an accident must:

• Stop Immediately: Stop your vehicle at the scene of the accident or as close to it as possible without obstructing traffic.
• Render Aid: If anyone is injured, provide reasonable assistance, including transporting them to a medical facility if necessary.
• Exchange Information: Exchange your name, address, driver’s license number, vehicle registration, and insurance information with the other driver(s) involved, any injured persons, and any law enforcement officer present at the scene.
• Report the Accident: If the accident results in injury, death, or property damage exceeding $500, you must report it to the police.

Penalties for Leaving the Scene of an Accident in Elizabeth, New Jersey

The penalties for leaving the scene of an accident in New Jersey depend on the severity of the accident and whether anyone was injured or killed:

• Property Damage Only:

  • If the accident only resulted in property damage, it’s typically considered a motor vehicle violation punishable by:
    
    • First Offense
      
      • Fines ranging from $200 to $400
      • Up to 30 days in jail
      • 2 points on your driver’s license
      • Community service
      • License suspension for 6 months
    • Second or Subsequent Offense
      
      • Fines ranging from $400 to $600 
      • Mandatory minimum 30 days in jail and maximum of 90 days
      • License suspension for 1 year

• Injury:

  • If the accident resulted in serious bodily injuries, it’s considered a criminal offense, and the penalties can be much more severe:
    
    • Criminal (2C:12-1.1)
      
      • Fines up to $15,000
      • Imprisonment for up to 5 years
    • Ticket (39:4-129)
      
      • License suspension for up to 1 year
      • Imprisonment of up to 180 days 
      • Fines up to $5,000

Additional Consequences of a Hit and Run Conviction

Beyond the immediate penalties, a hit-and-run conviction can have long-lasting consequences, including:

• Increased insurance premiums: Your insurance company will likely raise your rates significantly after a hit-and-run conviction.
• Difficulty finding employment: A criminal record can make it challenging to find or keep a job, especially in fields that require driving or a clean driving record.
• Damage to your reputation: A hit-and-run conviction can tarnish your reputation and affect your relationships with friends, family, and community members.

Potential Defenses Against Leaving the Scene of an Accident Charges

The specific defense strategy employed will depend on the unique facts and evidence of your case. Some common defenses that may be applicable include:

• Lack of Knowledge: If you were unaware that you were involved in an accident, or if you didn’t realize the extent of the damage or injuries, this could be a defense.
• Necessity: If you left the scene due to an emergency or to seek medical attention for yourself or others, this might be a valid defense.
• Duress or Coercion: If you were forced or threatened to leave the scene, this could serve as a defense. However, it’s important to have evidence to support this claim.
• Insufficient Evidence: If the prosecution lacks sufficient evidence to prove that you were the driver involved in the accident or that you knowingly left the scene, we can challenge the charges.

Frequently Asked Questions About Leaving the Scene of an Accident in Elizabeth, NJ

1. What should I do if I’m involved in an accident?

• It’s essential to stop your vehicle immediately at the scene or as close as possible without obstructing traffic. If anyone is injured, provide reasonable assistance and exchange information with other drivers and any witnesses. If the accident involves injury, death, or property damage exceeding $500, report it to the police.

2. Can I be charged with leaving the scene of an accident even if it was a minor fender bender?

• Yes, even if the accident seems minor, leaving the scene without fulfilling your legal obligations can result in charges. It’s always best to err on the side of caution and exchange information and report the accident if necessary.

3. What if I panicked and left the scene of the accident?

• While panic or fear is not a legal defense, it may be considered a mitigating factor during sentencing. It’s important to contact an attorney as soon as possible to discuss your options and develop a defense strategy.

4. Can I be charged with leaving the scene of an accident if I hit a parked car?

• Yes, even if you hit a parked car, you’re still required to stop, attempt to locate the owner, and leave a note with your contact information. Failing to do so can result in hit-and-run charges.

5. What are the potential consequences of a hit-and-run conviction on my driver’s license?

• A hit-and-run conviction can lead to significant penalties, including license suspension, fines, and potential jail time. 

Additional FAQs 

6. Can a leaving the scene of an accident charge be expunged from my record in NJ?

• No, it cannot be expunged.

7. What are the potential immigration consequences of a hit-and-run conviction?

• Serious implications for non-citizens: A hit-and-run conviction if it involved injuries or death, can have severe consequences for immigrants, including:

  • Deportation or removal proceedings
  • Denial of naturalization or citizenship applications
  • Difficulty obtaining or renewing visas

• Seek specialized legal advice: If you are not a U.S. citizen, it’s crucial to consult with an attorney experienced in both criminal defense and immigration law to understand the potential impact on your immigration status.

8. What should I expect at my first court appearance for a leaving the scene of an accident charge?

• Your first appearance, usually an arraignment, is where you’ll be:

  • Formally charged and informed of your rights
  • Asked to enter a plea (guilty, not guilty, etc.)
  • Scheduled for future court dates

• Having an attorney present is crucial: They will protect your rights, advise you on your plea, and start building your defense strategy.   

   

9. How much does it cost to hire a lawyer for a leaving the scene of an accident case?

• Fees vary: Attorney’s fees depend on several factors, such as the complexity of your case, the attorney’s experience, and the potential penalties you’re facing.
• Free consultation: Brett M. Rosen, Esq. offers free consultations to discuss your case and provide transparent fee information. Don’t hesitate to reach out to understand your options and the associated costs.

10. What if I wasn’t the one driving the car during the accident?

• Proving you weren’t driving is a strong defense: This may involve:
  
  • Providing an alibi or witness statements placing you elsewhere.
  • Challenging any identification evidence against you.
  • Raising questions about who had access to the vehicle.
• Even if you were a passenger: If you knew the driver left the scene and didn’t report it, you could face charges for aiding and abetting.

Why Choose Brett M. Rosen, Esq., as Your Elizabeth, NJ Hit and Run Attorney

Facing a leaving the scene of an accident charge in Elizabeth, NJ can be a daunting experience, but you don’t have to navigate the legal process alone. Brett M. Rosen, Esq., and his team are committed to providing you with aggressive and compassionate legal representation to protect your rights and achieve the best possible outcome.

We offer:

• Extensive Experience in Traffic & Criminal Defense: We have a proven track record of success in defending clients against hit-and-run charges and other traffic and criminal offenses in Elizabeth and throughout Union County.
• In-Depth Knowledge of NJ Traffic Laws: We are intimately familiar with New Jersey’s traffic laws, including the hit-and-run statute, and the court procedures specific to Elizabeth, NJ.
• Personalized Attention & Strategic Defense: We understand that every case is unique. We provide personalized attention to each client, carefully analyzing the evidence, and crafting a tailored defense strategy to address the specific circumstances of your case.
• Commitment to Protecting Your Rights and Future: We are dedicated to fighting for your rights and minimizing the impact of a hit-and-run charge on your life. We will work tirelessly to achieve the best possible outcome, whether that’s a dismissal of charges, a reduction in penalties, or alternative sentencing.

Don’t Face Hit and Run Charges Alone – Contact Brett M. Rosen, Esq. Today

Leaving the scene of an accident can have serious consequences. Protect your rights and your future by seeking experienced legal representation. Contact Brett M. Rosen, Esq., today for a free and confidential consultation. We’ll review your case, explain your options, and fight to minimize the impact of these charges on your life.

Call us now at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule your consultation. We’re ready to help you navigate this challenging situation and achieve the best possible outcome.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. It is crucial to consult with an experienced attorney regarding your specific legal situation.