Legal Question in Traffic Law in New Jersey

Leaving the scene of an accident

My husband was involved in an accident. When it happened, there was no place for him to pull over so he drove around the corner and parked in a small store parking lot. He got out and went back (about a block) and the other car was gone. His car had only a little scrape of paint on it. He assumed that the other driver took off so he continued on his way. That evening, the police came to our home and issued him tickets for leaving the scene of an accident and failure to report an accident. We also found out that his licence was suspended for a prior missed court appearance - so he rec'd another ticket for driving while suspended. What is the penalty for this? Could he face jail time? Should we hire an attorney for this upcoming court date? I'm not sure how serious this is. The police report states nothing about injury or damages to the other driver or vehicle.


Asked on 1/08/03, 2:58 pm

4 Answers from Attorneys

Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: Leaving the scene of an accident

The penalties for these violations are probably considered serious. Based on what you've entered, he is subject to substantial fines and probable license suspension. While he would probably not receive it under these facts, the judge has a lot of flexibility and could also sentence to jail depending on exactly what he winds up being convicted of/pleading guilty to.

The decision to hire an attorney is always a personal one, however, most people would probably benefit from legal representation under these circumstances. In fact, these charges are so serious that the Judge may not allow him to proceed without an attorney or will strongly encourage him to speak with one.

I handle these cases in Courts from Trenton area and South. If the charges are in an appropriate Court, please feel free to give me a call/e-mail for a free consult to discuss the details of your husband's case. We can determine what options are available and what the outcome is likely to be.

Thanks,

Daniel B. Kelley

[email protected]

(856)616-8080

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Answered on 1/08/03, 3:11 pm
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Leaving the scene of an accident

Hi,

This is very serious. Without seeing a copy of your husband's driving abstract it would be hard to tell whether he is facing jail time. He is, however, facing a long period of suspension if he convicted of this offense.

Also, there are things he should do within 30 days of the date of the accident to protect his rights.

I would be happy to assist.

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Answered on 1/08/03, 3:19 pm
Gary Moore Gary Moore Attorney At Law

Re: Leaving the scene of an accident

You husband could lose his license for six months for leaving the scene of the accident and six months for driving while his license is suspended if he is found guilty of both offenses. If there is an injury he faces a mandatory jail sentence. You husband should not go to court without an attorney and should not attempt to work the case out himself with the municipal prosecutor because his statements to the prosecutor can be used against him.

I have thiry years of experience as a trial attorney, You should visit my website by clicking on www.garymooreattorneyatlaw.abn1.net/home.asp. You should read my profile page and the traffic page which explains traffic law in general and has a section on leaving the scene of an accident.

By the way, I believe that your husband has an excellent defense to each charge.

You should call me at 800 273 7933 to discuss his case. My office is in Hackensack, but I go anywhere in the state. I appeared in court in Mays Land, yesterday, and I will be appearing in court in Cape May County tomorrow.

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Answered on 1/08/03, 3:50 pm
Savyon Grant Law Office of Savy Grant

Re: Leaving the scene of an accident

Your husband is facing very serious offenses. I recommend that you hire an good criminal defense attorney in your area. I have been a criminal defense attorney since 1992. I am a former NJ State Public Defender. If this matter is in Northern NJ, I would love to give you a free phone consultation. I can be reached at 201-646-9600.

Savy Grant

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Answered on 1/08/03, 9:05 pm


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