Archive for the ‘Traffic Court’ Category
N.J.S.A.39:6B-2 has always been a difficult ticket to defend. In my career, when clients and potential clients would ask me about this ticket, I would instantly cringe. Quite simply in the past, the harsh no insurance ticket would mean an immediate suspension of your license for a full year. Other tickets which call for a potential loss of license (DUI, drug charges, driving on suspension, etc.) at least had ways to fight and/or negotiate
On January 17, 2014, Governor Christie signed A-1844 into law as P.L. 2013, c.237. The new law took effect on January 17, 2014. A copy of the law is attached and is available on the Judiciary Infonet under Legal Reference/Legislation Affecting Courts. Below is a summary of the law.
The new law amends N.J.S.A.39:6B-2 to provide that the one-year driver’s license suspension penalty for a first offense of driving without the required motor vehicle liability insurance coverage may be reduced or eliminated by the court if the person provides satisfactory proof of insurance at the time of the hearing. A person who is convicted for a first offense of operating a motor vehicle without the required motor vehicle liability insurance coverage remains subject to a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court.
Traffic Tickets? Hurt in a Car Accident? Lindsay Lohan’s Super Commercial Bowl Reminds You That You Need a NJ Attorney that Can Handle Both!
One of the best Super Bowl Commercials of 2015 was by Esurance, in which“Sorta Mom” Lindsay Lohan commits several traffic violations and is involved in a car accident. She may not have our contact information – but if you are reading this you do! Car accidents and traffic tickets often go hand in hand and that is why you need a lawyer that handles both. When it rains, it pours so, if you have been involved in a car accident and/or have received tickets please give The Morano Law Firm a call at 201-598-5019 today for the firm that handles both! As traffic attorneys we will keep you out of trouble if you’ve got tickets and as personal injury lawyers we will get you compensated for your loss.
So, you’ve got to go to New Jersey traffic Court or Municipal Court for a minor brush with the law? I can be your New Jersey speeding ticket lawyer. Although the entire state operates under the same laws, I know the importance of properly maneuvering through the subtle differences between New Jersey’s 500+ courts. I will work to do everything I can to keep your record clean, your license clean and make sure you get the minimum fine and penalties for your offense. Stay at 0 points and keep those insurance premiums down. You will have your day in court!
If you have suffered an injury in a car accident you only have a short period of time to take action or your case may be forfeited forever. We have experience representing individuals who have been seriously injured due to the failure of other drivers to use proper care. We will aggressively litigate on your behalf. If you have been injured in a car accident and hire our firm we will take your case on contingency. That means if you don’t get paid – we don’t get paid!
Call The Morano Law Firm, LLC today at 201-598-5019 or email us at email@example.com.
New Jersey Underage DUI laws as well as fines and penalties differ from those imposed on drunk drivers over the age of 21. Therefore it is important to consult with a New Jersey Underage DUI Lawyer If you are under 21 years old and are convicted for driving or boating with a BAC (Blood Alcohol Content) of .01% or higher, you can expect the following penalties:
- 30–90 day license suspension
- Possible combination of the minimum sentences above and select DUI Mandatory Fines and Penalties, depending on the situation
- 15–30 days mandatory community service
- Participation in alcohol education and highway safety programs at an Intoxicated Driver Resource Center
- If you are unlicensed and under 17 years of age at the time of the incident, you are subject to a 30–90 day delay in processing your driver license.
For underage drunk driving cases in New Jersey the fines are often lower, but the threshold for being convicted is lower as well. For drivers who are 21 and above, the legal limit is a BAC (Blood Alcohol Content) of .08% or higher whereas for a person underage of 21 the prosecution must only show a trace amount of alcohol with a BAC (Blood Alcohol Content) of .01% or higher.
If you or anyone you know has been charged with an underage DUI they should call The Morano Law Firm, LLC and speak Corey Morano, Esq., an experienced New Jersey Underage DUI Attorney at 201-598-5019 or email firstname.lastname@example.org
Many New Jersey drivers experience confusion on how to properly act when they are on the road and encounter an emergency vehicle, whether it is a police car, fire truck, or ambulance. Sharing the road with an emergency vehicle moving at high speeds with sirens ringing and lights flashing can create a highly anxious situation for drivers and can lead to dangerous circumstances if the driver acts incorrectly. For this reason, penalties for failing to yield to emergency vehicles can be harsh depending on the circumstances. You can receive points on your license, traffic fines by the state and by the municipality, a suspension of your license, and even imprisonment in state prison for up to 15 days. If you have encountered legal trouble arising from a failure to observe proper behavior around an emergency vehicle, please call me Corey Morano, Esq. right away at 201-598-5019 or send me an email at email@example.com and I will provide you with a free consultation.
A number of different situations that constitute a violation of New Jersey traffic law can potentially arise when a driver encounters an emergency vehicle. You must give the right of way to these vehicles when they are operating on official business or in an emergency situation, usually indicated by lights and/or sirens. Unless instructed otherwise by a police officer, you must also find a safe location away from an intersection and close to the curb to pull over as quickly as they can do so provided it is in a safe manner. After the emergency vehicle has passed, you need to stay at least 300 feet behind the vehicle. Additionally, you must also stay away from a parked fire truck that is responding to a fire emergency by a distance of at least 200 feet. Even after the emergency vehicle has responded to a call, you must still maintain this separation between your vehicle and the emergency vehicle if it is flashing a red light.
Parked emergency vehicles that are displaying a flashing red or blue light need to be approached carefully. Try to switch to a lane that is not right next to the parked vehicle if traffic conditions permit. If you feel like you cannot switch lanes safely, then you should slow down your vehicle and be prepared to stop. Many drivers are also unaware that tow trucks and highway maintenance vehicles are included in this law. If you see one of them parked and displaying a flashing amber or yellow light, follow the same course of action listed above. The full statutes are listed below.
39:4-91. Right of way of emergency vehicles; liability of drivers.
a) The driver of a vehicle upon a highway shall yield the right of way to any authorized emergency vehicle when it is operated on official business, or in the exercise of the driver’s profession or calling, in response to an emergency call or in the pursuit of an actual or suspected violator of the law and when an audible signal by bell, siren, exhaust whistle or other means is sounded from the authorized emergency vehicle and when the authorized emergency vehicle, except a police vehicle, is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of at least five hundred feet to the front of the vehicle.
b) This section shall not relieve the driver of any authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall it protect the driver from the consequences of his reckless disregard for the safety of others. Nothing in this section shall be construed to limit any immunity or defense otherwise provided by law.
39:4-92. Authorized emergency vehicles; clearance for; following or parking near
Upon the immediate approach of an authorized emergency vehicle giving audible signal, and equipped, as required by section 39:4-91 of this Title, and unless otherwise directed by a police or traffic officer,
a) The driver of every vehicle shall immediately drive to a position as near as possible and parallel to the right-hand edge or curb of the highway, clear of an intersection of highways, and shall stop and remain in that position until the authorized emergency vehicle has passed and
b) The driver or person in control of a street car shall immediately stop the car clear of an intersection of highways and keep it stationary until the authorized emergency vehicle has passed.
No driver of any vehicle other than one on official business shall follow any authorized emergency vehicle, traveling in response to an emergency call, closer than 300 feet, or drive nearer to, or park the vehicle within 200 feet of, where any fire apparatus has stopped in answer to a fire alarm.
39:4-92.1. Fire department vehicle returning to fire station; flashing red light
It shall be lawful for any fire department vehicle when returning to its fire station from an emergency call to display a flashing red light visible under normal atmospheric conditions from a distance of at least 500 feet to the rear of the vehicle and no driver of any vehicle other than one on official business shall follow any such vehicle displaying said light closer than 300 feet.
39:4-92.2. Procedure for motorist approaching stationary authorized emergency vehicle, tow truck, highway maintenance or emergency service vehicle.
1. a. The operator of a motor vehicle approaching a stationary authorized emergency vehicle as defined in R.S.39:1-1 that is displaying a flashing, blinking or alternating red or blue light or, any configuration of lights containing one of these colors, shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a law enforcement officer, proceed as follows:
(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or
(2) If a lane change pursuant to paragraph (1) of subsection a. of this section would be impossible, prohibited by law or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
b. The operator of a motor vehicle approaching a stationary tow truck as defined in section 1 of P.L.1999, c.396 (C.39:3-84.6) that is displaying a flashing amber light or a stationary highway maintenance or emergency service vehicle that is operated by the State, an authority or a county or municipality and displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a law enforcement officer, proceed as follows:
(1) Make a lane change into a lane not adjacent to the tow truck or highway maintenance or emergency service vehicle if possible in the existing safety and traffic conditions; or
(2) If a lane change under paragraph (1) of subsection b. of this section would be impossible, prohibited by law or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.
c. A violation of this section shall be punished by a fine of not less than $100 and not more than $500.
If you have any questions on this matter, do not hesitate to contact The Morano Law Firm, LLC at 201-598-5019 or email us at firstname.lastname@example.org and find out how we can provide you with quality legal representation.
Drivers experiencing frustration on the road at the hands of other motorists may attempt to engage in risky behaviors to express their anger. Competing with other drivers can take on many dangerous forms, but one of the most commonly seen actions is the failure for a driver to yield to another driver who is attempting to enter their lane. This occurs when the driver about to be passed decides to increase the speed of the vehicle so that the other driver cannot safely enter the lane he or she is trying to enter.
Failure to yield to overtaking vehicle is a violation of New Jersey law that carries with it stiff penalties. Because this action can lead to a serious accident for both parties involved, the repercussions assigned to the driver who fails to yield are severe. Fines, points on the license, license suspensions, and even jail time can result from this violation. For these reasons, it is best to always think rationally when driving and to never engage in risky or competitive behaviors. If you or someone you know is facing legal consequences as a result of failing to observe this statute, please do not to call me Corey Morano, Esq. right away at 201-598-5019 or at email@example.com for quality legal representation.
The full statute is contained below.
39:4-87. Overtaken vehicle to give way
The driver of a vehicle on a highway, about to be overtaken and passed by another vehicle, approaching from the rear, shall give way to the right in favor of the overtaking vehicle on suitable and audible signal being given by the driver of the overtaking vehicle, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
Most New Jersey drivers are aware that failure to come to a complete stop at a stop sign can lead to a ticket being issued, but did you know that this violation can also lead to points on your license? Similarly, points can be assigned to your license if you do not observe the rules of a yield sign correctly. If you have found yourself facing penalties from failure to observe a stop sign or yield sign, please call me, Corey Morano, Esq. right away at 201-598-5019 or send me an email at firstname.lastname@example.org.
Receiving points on a license is a serious repercussion facing those who have been convicted of a moving violation. It is important to understand how New Jersey stop sign and yield sign laws operate in order to avoid this penalty. Never pass through an intersection that is marked with a stop sign unless you come to a complete stop close to the stop line, and always make sure that you observe safe driving habits when deciding to pass or merge with incoming traffic. Slow down when approaching yield signs and ensure that the route is clear when deciding to enter the intersection or when merging onto the next street. Follow instructions from traffic officers and always yield to pedestrians. The full statute outlining these laws in more detail can be found below. If you have already violated one of these conditions and are in need of quality legal representation, then contact the Morano Law Firm today to find out how you can avoid points on your license.
39:4-144. Stopping or yielding right of way before entering stop or yield intersections.
39:4-144. No driver of a vehicle or street car shall enter upon or cross an intersecting street marked with a “stop” sign unless:
a. The driver has first brought the vehicle or street car to a complete stop at a point within five feet of the nearest crosswalk or stop line marked upon the pavement at the near side of the intersecting street and shall proceed only after yielding the right of way to all vehicular traffic on the intersecting street which is so close as to constitute an immediate hazard.
b. No driver of a vehicle or street car shall enter upon or cross an intersecting street marked with a “yield right of way” sign without first slowing to a reasonable speed for existing conditions and visibility, stopping if necessary, and the driver shall yield the right of way to all vehicular traffic on the intersecting street which is so close as to constitute an immediate hazard; unless, in either case, the driver is otherwise directed to proceed by a traffic or police officer or traffic control signal.
c. No driver of a vehicle or street car shall turn right at an intersecting street marked with a “stop” sign or “yield right of way” sign unless the driver stops and remains stopped for pedestrians crossing the roadway within a marked crosswalk, or at an unmarked crosswalk, into which the driver is turning.
Amended 1956, c.107, s.5; 1958, c.114, s.4; 2008, c.9, s.1; 2009, c.319, s.4.
If you have found yourself facing penalties from failure to observe a stop sign or yield sign, please call me, Corey Morano, Esq. right away at 201-598-5019 or send me an email at email@example.com.
The penalties under New Jersey law for driving without auto insurance are severe, approaching those levied for DUI convictions. The monetary fine can be set anywhere from $300 to $1000, there is a mandatory one year license suspension, and community service is ordered as determined by the court. This year-long suspension can seem particularly harsh, given the relative leniency of other states in this regard (Connecticut has a 6 month suspension, Pennsylvania has 3 months, and Massachusetts has only 60 days). The penalties for a second conviction include 14 days of imprisonment, a fine of up to $5000, and 2 years of license suspension.
That year-long suspension can seem Draconian, especially since a DUI conviction (of BAC greater than .08% but less than .1%) carries a suspension of only 3 months. Remember, though, that the law requiring all cars to be insured is a matter of public safety. Even if you are a flawless driver, not everyone else is. If you let your insurance lapse and someone else hits you, it will be very difficult to be able to get the compensation you need to pay for damage to your vehicle or medical bills.
The court does not have to prove that a driver knowingly operated a motor vehicle without insurance: it is enough that the driver “should know from the attendant circumstances” that the vehicle has no liability coverage. An affirmative defense against this charge would be to provide documentation in court that the vehicle did actually have liability coverage at the time of the ticket.
If you believe you have been ticketed for driving without insurance in error or you need legal representation for this offense, don’t delay: seek legal representation as soon as possible to protect your rights and mount a defense against these penalties! Contact The Morano Law Firm at 201-598-5019 or firstname.lastname@example.org today!
Today it is common to see more people using their smartphones while driving in New Jersey. This trend has led to an increase in traffic accidents and an amplified effort by law enforcement to target people talking or texting while driving. Simultaneously, the New Jersey Legislature has proceeded recently to enact harsher penalties for violating these laws. With the threat of high fines and possible license suspensions, it is important that you are informed about what you can do to minimize legal ramifications if you or anyone you know becomes involved in a situation like this. Contact Corey Morano, Esq. at 201-598-5019 or email email@example.com today to set up a free consultation.
Distracted driving has led to many accidents and legal trouble for individuals, so understanding exactly how it is defined can help you to avoid these circumstances. Taking your eyes off the road to use your phone is unlawful and can lead to fines for first offenders and points or license suspensions for repeat offenders. Exceptions to this law include using hands-free calling systems, using your cell phone in a situation where your life is being threatened, or when you are calling authorities to report an emergency. The statute can be found below.
39:4-97.3. Use of wireless telephone, electronic communication device in moving vehicle; definitions; enforcement.
1. a. The use of a wireless telephone or electronic communication device by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle. For the purposes of this section, an “electronic communication device” shall not include an amateur radio.
Nothing in P.L.2003, c.310 (C.39:4-97.3 et seq.) shall apply to the use of a citizen’s band radio or two-way radio by an operator of a moving commercial motor vehicle or authorized emergency vehicle on a public road or highway.
b. The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:
(1) The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or
(2) The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user’s telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.
As used in this act:
“Citizen’s band radio” means a mobile communication device designed to allow for the transmission and receipt of radio communications on frequencies allocated for citizen’s band radio service use.
“Hands-free wireless telephone” means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.
“Two-way radio” means two-way communications equipment that uses VHF frequencies approved by the Federal Communications Commission.
“Use” of a wireless telephone or electronic communication device shall include, but not be limited to, talking or listening to another person on the telephone, text messaging, or sending an electronic message via the wireless telephone or electronic communication device.
c. (Deleted by amendment, P.L.2007, c.198).
d. A person who violates this section shall be fined $100.
e. No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.
f. The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act.
g. Whenever this section is used as an alternative offense in a plea agreement to any other offense in Title 39 of the Revised Statutes that would result in the assessment of motor vehicle points, the penalty shall be the same as the penalty for a violation of section 1 of P.L.2000, c.75 (C.39:4-97.2), including the surcharge imposed pursuant to subsection f. of that section, and a conviction under this section shall be considered a conviction under section 1 of P.L.2000, c.75 (C.39:4-97.2) for the purpose of determining subsequent enhanced penalties under that section.
If you or someone you know needs more information on this matter, please do not hesitate to contact me, Corey Morano, Esq. today for a free consultation at 201-598-5019 or firstname.lastname@example.org.
New Jersey Pedestrian Crosswalk Laws: What You Need to Know a Ticket for Failure to Yield to Pedestrian
Most of us encounter crosswalks in New Jersey every day, whether we are behind the wheel or walking to our destination. Understanding the proper procedure to follow when approaching a crosswalk is highly important because confusion between the driver and the pedestrian can lead to injuries and legal repercussions resulting from an accident. A ticket for N.J.S. 39:4-36 can be a serious moving violation.
Police departments all across New Jersey are showing an increased interest in cracking down on crosswalk violations. Both jaywalkers and drivers who fail to yield to pedestrians at a crosswalk are being targeted by law enforcement in order to better protect the lives of New Jersey residents. By understanding the correct procedures, you can help yourself to avoid becoming entangled in these situations. If you have been involved in a crosswalk violation, whether as a driver, a jaywalker, or a victim, please do not hesitate to contact Corey Morano, Esq. for a free consultation at 201-598-5019 or by email at email@example.com today!
Getting a ticket for Failure to Yield to Pedestrian can be a serious ticket and two points on your license. The full law can be found in the statute below.
39:4-36. Driver to yield to pedestrians, exceptions; violations, penalties.
39:4-36. a. The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any unmarked crosswalk at an intersection, except at crosswalks when the movement of traffic is being regulated by police officers or traffic control signals, or where otherwise regulated by municipal, county, or State regulation, and except where a pedestrian tunnel or overhead pedestrian crossing has been provided:
(1) The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a marked crosswalk, when the pedestrian is upon, or within one lane of, the half of the roadway, upon which the vehicle is traveling or onto which it is turning. As used in this paragraph, “half of the roadway” means all traffic lanes conveying traffic in one direction of travel, and includes the entire width of a one-way roadway.
(2) No pedestrian shall leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield or stop.
(3) Whenever any vehicle is stopped to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
(4) Every pedestrian upon a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
(5) Nothing contained herein shall relieve a driver from the duty to exercise due care for the safety of any pedestrian upon a roadway. Nothing contained herein shall relieve a pedestrian from using due care for his safety.
b. A person violating any paragraph of subsection a. of this section shall, upon conviction thereof, pay a fine to be imposed by the court in the amount of $200. The court may also impose upon a person violating any paragraph of subsection a. of this section, a penalty of community service not to exceed 15 days in such form and on such terms as the court shall deem appropriate. If the violation results in serious bodily injury to a pedestrian, the person convicted of the violation shall be subject to a fine of not less than $100 or more than $500, and may additionally be subject to a sentence of imprisonment not to exceed 25 days, or a license suspension not to exceed six months, or both, in the discretion of the court. As used in this section, “serious bodily injury” means serious bodily injury as defined in subsection b. of N.J.S.2C:11-1.
c. Of each fine imposed and collected pursuant to subsection b. of this section, $100 shall be forwarded to the State Treasurer who shall annually deposit the moneys into the “Pedestrian Safety Enforcement and Education Fund” created by section 1 of P.L.2005, c.84 (C.39:4-36.2).
d. In the event of a collision between a vehicle and a pedestrian within a marked crosswalk, or at an unmarked crosswalk at an intersection, there shall be a permissive inference that the driver did not exercise due care for the safety of the pedestrian.
Call me at 201-598-5019 or email me at firstname.lastname@example.org today for a free consultation and learn how I can help you with any questions you may have.
Penalties for Leaving the Scene of an Accident New Jersey 39:4-129 vs. Failure to Report an Accident NJ 39:4-130
The penalties for NJSA 39:4-129, commonly referred to as “Leaving the Scene of an Accident” or a “hit and run” can be very serious in an New Jersey Court. This offense can lead to high fines, mandatory loss of license, points on your license and even incarceration. This potentially harsh treatment is the result of the basis of the offense is the same when, for instance, a parked car is hit vs. an actual person. Often this ticket is issued along with NJSA 39:4-130, commonly referred to as “Failure to Report an Accident.” This offense has its own set of consequences. Failure to report has lower minimum penalties than Leaving the Scene. The full statutes for both are listed below. To learn more about these differences and what our firm can do for you, feel free to call 201-598-5019 or email me at email@example.com today for a free consultation and learn if I can help you keep your license intact. I have personally represented countless drivers on these offenses in courts all over the state.
NJSA 39:4-129 (commonly referred to as “Leaving the Scene of an Accident” or “Hit and Run”)
39:4-129 Action in case of accident.
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 $2,500 nor more than $5,000, 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.
(c) The driver of any vehicle knowingly involved in an accident resulting in injury or death to any person or damage to any vehicle or property shall give his name and address and exhibit his operator’s license and registration certificate of his vehicle to the person injured or whose vehicle or property was damaged and to any police officer or witness of the accident, and to the driver or occupants of the vehicle collided with and render to a person injured in the accident reasonable assistance, including the carrying of that person to a hospital or a physician for medical or surgical treatment, if it is apparent that the treatment is necessary or is requested by the injured person.
In the event that none of the persons specified are in condition to receive the information to which they otherwise would be entitled under this subsection, and no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsections (a) and (b) of this section, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of the local police department or of the county police of the county or of the State Police and submit thereto the information specified in this subsection.
(d) The driver of any vehicle which knowingly collides with or is knowingly involved in an accident with any vehicle or other property which is unattended resulting in any damage to such vehicle or other property shall immediately stop and shall then and there locate and notify the operator or owner of such vehicle or other property of the name and address of the driver and owner of the vehicle striking the unattended vehicle or other property or, in the event an unattended vehicle is struck and the driver or owner thereof cannot be immediately located, shall attach securely in a conspicuous place in or on such vehicle a written notice giving the name and address of the driver and owner of the vehicle doing the striking or, in the event other property is struck and the owner thereof cannot be immediately located, shall notify the nearest office of the local police department or of the county police of the county or of the State Police and in addition shall notify the owner of the property as soon as the owner can be identified and located. Any person who violates this subsection shall be punished as provided in subsection (b) of this section.
(e) The driver of any motor vehicle involved in an accident resulting in injury or death to any person or damage in the amount of $250.00 or more to any vehicle or property shall be presumed to have knowledge that he was involved in such accident, and such presumption shall be rebuttable in nature.
For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident.
Amended 1940, c.147; 1967, c.189, s.1; 1977, c.407; 1978, c.180; 1979, c.463, s.1; 1994, c.183, s.1; 2003, c.55, s.1.
NJSA 39:4-130. (Commonly referred to as “Failure to Report”)
39:4-130. Immediate notice of accident; written report
39:4-130. The driver of a vehicle or street car involved in an accident resulting in injury to or death of any person, or damage to property of any one person in excess of $500.00 shall by the quickest means of communication give notice of such accident to the local police department or to the nearest office of the county police of the county or of the State Police, and in addition shall within 10 days after such accident forward a written report of such accident to the division on forms furnished by it. Such written reports shall contain sufficiently detailed information with reference to a motor vehicle accident, including the cause, the conditions then existing, the persons and vehicles involved and such information as may be necessary to enable the director to determine whether the requirements for the deposit of security required by law are inapplicable by reason of the existence of insurance or other circumstances. The director may rely upon the accuracy of the information contained in any such report, unless he has reason to believe that the report is erroneous. The division may require operators involved in accidents to file supplemental reports of accidents upon forms furnished by it when in the opinion of the division, the original report is insufficient. The reports shall be without prejudice, shall be for the information of the division, and shall not be open to public inspection. The fact that the reports have been so made shall be admissible in evidence solely to prove a compliance with this section, but no report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any proceeding or action arising out of the accident.
Whenever the driver of a vehicle is physically incapable of giving immediate notice or making a written report of an accident as required in this section and there was another occupant in the vehicle at the time of the accident capable of giving notice or making a report, such occupant shall make or cause to be made said notice or report not made by the driver.
Whenever the driver is physically incapable of making a written report of an accident as required by this section and such driver is not the owner of the vehicle, then the owner of the vehicle involved in such accident shall make such report not made by the driver.
A written report of an accident shall not be required by this section if a law enforcement officer submits a written report of the accident to the division pursuant to R.S.39:4-131.
Any person who knowingly violates this section shall be fined not less than $30 or more than $100.
The director may revoke or suspend the operator’s license privilege and registration privilege of a person who violates this section.
For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident.
Amended 1951,c.23,s.72; 1953,c.187; 1967,c.189,s.2; 1983,c.193,s.1; 1994,c.183,s.2.
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