Legal Question in Traffic Law in New Jersey
Leaving a scene of accident
My 17 years old daughter has got tickets for leaving a scene of accident 39:4-129b and for not reporting an accident 39:4-130. Her car scratched another car while backing from a parking lot in the mall. There is not much damage to the other car and ther is no physical injury. She panicked and came home. She has a restricted licence. I understand that maximum penalty for first offence is $400 and/or imprisonment for 30 days or both and suspension of licence for 6 months. Court date is after 7 days. I called the court and pleaded not guilty. I don't know whether I have done right thing or not. After doing this, I got a feeling that she should honestly say in the court that since she has just started driving and she panicked (That is what she has told the Officer). Should I change the plea to guilty? By pleading guilty, does she loose a chance to talk to the prosecutor? Can she loose her licence? Is there a risk of imprisonment?
4 Answers from Attorneys
Re: Leaving a scene of accident
I would not change the plea to guilty, because then your daughter becomes subject to all the penalties you described. With an attorney, your daughter may even be able to get the bigger charge, leaving the scene of an accident, dismissed or changed to something much smaller with lesser penalties. I would advise you to consult on the phone or in person with an attorney about this since she is currently facing serious penalties. I am an attorney who has handled very many cases similar to your daughter's in various courts throughout New Jersey in the past. Please give me a call at 908-272-0111 to discuss your daughter's case in more detail. Thank you.
Sincerely yours, Ronald Aronds, Esq.
www.njworkerscompensationlaw.com
Re: Leaving a scene of accident
Your daughter needs to retain a criminal attorney, IMMEDIATELY. Assuming that she cannot afford one, I strongly advise you to advance the necessary funds to retain an attorney, and have a payment plan with your daughter so that she can pay you back.
It is fortunate that, on behalf of your daughter, you indicated she would plead "Not guilty."
You are evidently not an attorney. Therefore, you cannot represent your daughter in a legal proceeding. It is not up to you whether or not your daughter should "plead guilty" or take the case to trial. That is up to your daughter, in consultation with her attorney (if any).
As you know, your daughter is facing very serious charges. In addition to monetary fines and possible jail time, your daughter's driver's license privileges could be affected, and needless to say, the costs for auto insurance and her ability to get auto insurance could be affected by the outcome of the court case.
Again, I cannot emphasize enough that the "best help" you can give your daughter at this point, is to assist her in any way possible to retain an attorney.
If you wish to contact me to discuss retaining my services, I can be reached at:
973-605-8995
Re: Leaving a scene of accident
Do not change the plea to guilty. That is the worst thing you can do. If she pleads guilty or is found guilty of 4-129 there is an automatic license suspension by the Court of 6 months for the 4-130 the DMV can also suspend her license. If she pleads guilty there is no opportunity to talk to the prosecutor. There is a "risk" of imprisonment because it is a possible penalty but highly unusual for a 1st offender. If you need more help or wish to retain a lawyer and want to discuss your options, call 732-286-2170
John Ducey
Re: Leaving a scene of accident
You should hire an attorney and you and she should not speak to the police.
Gary Moore, Esquire
www.dwitrials.com
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