Our client was approaching a traffic light when the car directly in front stopped short. Our client could not stop in time and lightly bumped the rear of the other vehicle.
Both drivers stopped and got out of their cars. They spoke and confirmed that everyone was okay. There were some minor scratches, but no one appeared to be injured and there did not seem to be significant damage. The police were not called, and our client left believing the matter was over.
The other driver later reported the accident to the police. Our client then received tickets in the mail for leaving the scene of an accident under N.J.S.A. 39:4-129 and failure to report an accident under N.J.S.A. 39:4-130.
What our client thought had been a minor accident had suddenly become a serious legal problem.
The Penalties Were Much More Serious Than Our Client Expected
For a first offense involving property damage to an attended vehicle, N.J.S.A. 39:4-129(b) provides for a fine of $200 to $400, up to 30 days in jail and a mandatory six-month driver’s license suspension.
Our client was shocked by the potential consequences. They worked and needed to drive to get to work. Losing their license for six months could put their job at risk, and they certainly could not afford to face jail over what they believed had been a minor accident.
That was the situation when they came to us.
The Facts at the Scene Mattered
A ticket for leaving the scene does not tell the entire story of what happened.
This was not a situation where our client hit another car and simply drove away. Our client stopped, got out of the vehicle, spoke with the other driver and made sure everyone was okay before leaving.
Those facts were important.
In defending a leaving-the-scene charge, we look closely at what actually occurred: whether the driver stopped, what was said between the drivers, whether anyone appeared injured, the extent of the visible damage, what information was exchanged and what was later reported to the police.
What About the Failure to Report the Accident Charge?
Our client was also charged under N.J.S.A. 39:4-130, New Jersey’s accident-reporting statute.
The statute requires prompt notice to law enforcement when an accident results in injury or death or causes more than $500 in damage to the property of any one person. It also contains requirements for filing a written accident report when the statutory conditions are met.
At the scene, no one appeared to be injured and the visible damage appeared minor. Our client had no reason to believe that what had occurred would later result in these charges.
We Got the Leaving-the-Scene Charge Dismissed
Our goal was to protect our client from the consequences that mattered most: jail, loss of driving privileges and the resulting risk to their employment.
We were able to get the leaving-the-scene charge dismissed.
The case was resolved with a plea to a substantially less serious traffic offense carrying a small fine. Our client received no motor vehicle points, no jail time and no driver’s license suspension.
They kept their license and could continue driving to work.
We Also Obtained a Civil Reservation
There was one additional protection we wanted for our client.
Because the tickets arose from a motor vehicle accident, there was always a possibility that the other driver could later make a civil claim for injuries or property damage. Our client had not asked us about that issue because they did not know it was something they needed to consider.
As part of the resolution, we requested a civil reservation under New Jersey Court Rule 7:6-2(a)(1).
A civil reservation prevents the guilty plea entered in municipal court from being used as evidence against the defendant in a related civil proceeding. That meant we could resolve the traffic case without unnecessarily creating evidence that might later be used against our client if the other driver filed a lawsuit.
This is an important consideration in any traffic case arising from an accident. Resolving the ticket is only part of the job. An attorney should also consider whether the resolution could have consequences outside municipal court.
What Should You Do if You Receive a Leaving-the-Scene ticket?
Call an attorney who can examine the facts of the case and look at the background of the driver. Protecting your freedom and ability to drive is worth it.