Legal Question in Criminal Law in New Jersey
I am in New Jersey and recently received a summons in the mail for leaving the scene of an accident and for having no insurance. Simply put, this did not happen. From the date on the summons I was able to recall a stopped van (broken down) to the side of the exit ramp off the toll road I had just left. It was hanging out at such an angle that cars were backing up as they had to slow down to get by it. As I approached and passed by this car I could see some guy standing on the walkway at the end of where the ramp merged into street. I came up to a yield sign, looked right and saw the guy was on the walkway several feet back; looked back to the left and as the way was clear/no traffic, moved forward. I immediately hit a nasty pothole and at the same time heard a shout from behind. I slowed to a stop and saw this same guy standing and looking at me. I thought he was some kind of nut, and drove away. After receiving the summons, I contacted an attorney and made it clear to her that there was no accident and in subsequent communications I told her I believed this was a setup. It's just this person's word against mine. We have a court date for tomorrow and I am just nervous as I've never been involved in anything like this before. What is the best course my lawyer should follow?
4 Answers from Attorneys
If you already have a lawyer, trust that this person knows what he or she is doing. If you don't have that trust, either call them for more info or hire someone else.
I concur. If you already have a lawyer then you should trust that that person will know what to do for you tomorrow.
If you are not comfortable with the attorney you hired then you should consult with another.
Sincerely,
Mandatory suspension of license if found guilty. get ready for trial.
39:4-129. Action in case of accident [Leaving the scene]
39:4-129. (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
$500 nor more than $1,000 or be imprisoned for a period of 180 days, or both, for the first offense, and for a subsequent offense shall
be fined not less than $1,000 nor more than $2,000, 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.
More info at http://www.njlaws.com/leaving_the_scene.html
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