Leaving the Scene of an Accident in New Jersey
Key Takeaways
- New Jersey leaving the scene of an accident—often called hit and run—brings fines, license suspension, points, and possible jail, with harsher penalties when injuries occur.
- Drivers must stop, share information, and report; failing these duties can trigger serious traffic violations requiring prompt consultation with a defense attorney.
- Common defenses to leaving the scene include lack of knowledge, emergency necessity, mistaken identity, or insufficient proof—arguments a New Jersey hit-and-run defense lawyer can pursue.
- Experienced New Jersey attorneys at Lackey & Miller fight to avoid convictions, license suspension, insurance points, and jail through tailored defense strategies.
Charged with leaving the scene of an accident in New Jersey? Lackey & Miller, LLC – former prosecutors with 20+ years’ experience – defend against fines, suspension, and jail
Understanding Leaving the Scene of an Accident in New Jersey
Leaving the scene of an accident – sometimes called “hit-and-run” – is one of the most serious traffic violations in New Jersey. Unlike minor traffic tickets, this charge can lead to hefty fines, mandatory license suspension, insurance points, and even jail time.
At Lackey & Miller, LLC, we know how high the stakes are. Our attorneys bring over 20 years of combined experience as former prosecutors and are fully prepared to challenge the state’s case. As long-time New Jersey residents, we understand the roads and traffic conditions that can contribute to accidents. We are also trial-ready – meaning if the case cannot be resolved, we will fight for you in court.
The Law: N.J.S.A. 39:4-129
New Jersey law requires any driver involved in an accident to:
- Stop immediately at or near the scene, without obstructing traffic
- Provide their information to the other driver, property owner, or law enforcement on scene
- Report the accident to police if required
Failing to do so, even if the accident was minor, can result in criminal-level penalties
Penalties for Leaving the Scene of an Accident
- Property Damage Only:
- Fines: $200-$400 for first offense, up to $600 for a second offense
- License Suspension: up to 6 months for first offense, and 1 year for any subsequent offense
- Jail: No more than 30 days for first offense, between 30 and 90 days for subsequent offense
- 2 points on your license
- Accident Involving Injury or Death
- Fines: $2,500 – $5,000
- License Suspension: 1 year (mandatory for first offense)
- Jail: Up to 180 days
- 8 points on your license
A conviction can also significantly increase insurance rates.
Defenses Against Leaving the Scene Charges
Not every accident results in a knowing or willful violation. Possible defenses include:
- Lack of Knowledge: The driver did not realize an accident occurred
- Emergency Circumstances: Leaving to seek immediate help or avoid danger
- Mistaken Identify: The wrong vehicle or driver was accused
- Insufficient Evidence: The state cannot prove you failed to meet reporting requirements
As former prosecutors, we know how these cases are investigated and prosecuted, and how to expose weaknesses in the evidence.
Why Should I Work with Lackey & Miller, LLC?
Leaving the scene of an accident is more than just a traffic ticket – it can put your license, freedom, and reputation at risk. You need an experienced and aggressive defense strategy. Here’s why New Jersey residents trust the attorneys at Lackey & Miller:
- Former Prosecutors Who Know How to Win – Our attorneys have tried multiple burglary cases and know the prosecution’s tactics.
- Proven Track Record – We’ve helped clients avoid convictions, reduce charges, and secure dismissals.
- Personalized Legal Defense – Every case is unique, and we develop custom defense strategies for each client.
Jeremy Lackey handled 3 cases for me and was worth every single penny. First and foremost, the price for service was fair. Secondly, I acquired his services on a bit of short notice, but Mr. Lackey worked through the weekend going over my evidence and came to court prepared to fight for me, and that he did. I couldn’t ask for a better lawyer on my side and will be my first choice should the need arise again. – Cisco
Charged with leaving the scene? Call an Experienced Defense Lawyer Today
If you are being investigated or charged with Leaving the scene, don’t talk to the police without legal representation. The sooner you have an experienced New Jersey defense attorney on your side, the better your chances of avoiding serious penalties.
Call Lackey & Miller, LLC today at 856-399-0089 for a free consultation. We will review your case, explain your options, and build the strongest defense possible. When the stakes are this high, don’t leave it to chance!
Frequent Answered Questions
Leaving the scene of an accident in New Jersey can result in serious penalties, including fines, points on your license, suspension, and even jail time if injuries are involved. A criminal defense lawyer can help you fight these charges and protect your driving record.
In New Jersey, leaving the scene of an accident can be charged as a disorderly persons offense (similar to a misdemeanor) or a more serious indictable crime (felony-level) depending on whether there were injuries. An experienced defense attorney can explain the charges and potential consequences.
Yes. If the accident involved injuries or death, New Jersey law allows for significant jail or prison time in addition to fines and license suspension. Having a skilled traffic defense lawyer can make a major difference in avoiding the harshest penalties.
New Jersey assigns 8 points on your driving record if the accident involved injuries and 2 points if it only involved property damage. These points can cause your insurance rates to skyrocket, which is why fighting the charge with a lawyer is critical.
Yes. Even if no one was hurt, a conviction for leaving the scene of an accident can follow you for years. A lawyer from Lackey & Miller can challenge the evidence, negotiate to reduce the charges, or fight for dismissal to protect your future.
Written By Jeremy Lackey
Jeremy Lackey is a seasoned criminal attorney who served as an Assistant Prosecutor for the Burlington County Prosecutor’s Office and as a Deputy Attorney General for New Jersey Office of the Attorney General, Division of Criminal Justice, before co-founding the firm Lackey & Miller, LLC.
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