New Jersey Hit And Run Lawyer — What Are the Penalties for Leaving the Scene?
A hit and run in New Jersey is a serious traffic offense under N.J. Stat. § 39:4-129, requiring drivers to stop and provide information after an accident. Leaving the scene can lead to criminal charges, license suspension, and significant fines. As a New Jersey Hit And Run Lawyer, Law Offices Of SRIS, P.C. provides defense for these charges.
New Jersey Hit and Run Law
New Jersey law strictly requires drivers involved in an accident to stop immediately at the scene. The statute, N.J. Stat. § 39:4-129, mandates that you provide your name, address, driver’s license, and vehicle registration to the other driver, any injured person, or a police officer. If the other party is unable to receive the information, you must report the accident to the nearest police station. The law applies regardless of who is at fault for the crash. Failing to fulfill these duties constitutes the offense of leaving the scene, commonly called hit and run.
Last verified: April 2026 | New Jersey Courts | New Jersey Legislature
Official Legal Resources
For the official text of the law, refer to N.J. Stat. § 39:4-129 (official New Jersey Legislature site). Court procedures and forms can be found on the New Jersey Courts website.
Local Court Process for Hit and Run Charges
Hit and run cases in New Jersey are typically heard in the municipal court of the city or township where the incident occurred. The process begins with a summons or a complaint. For cases involving only property damage, the charge is usually a traffic offense. However, if the accident resulted in injury or death, the charges escalate and may be handled as a criminal matter in Superior Court. The prosecution must prove you were the driver and that you knowingly left the scene without providing the required information.
- Receive the Summons: You will get a ticket or complaint detailing the charges and your court date.
- Initial Appearance: You must appear in municipal court to enter a plea of guilty or not guilty.
- Pre-Trial Negotiations: Your attorney can discuss the case with the prosecutor to seek a reduction or dismissal.
- Trial: If no agreement is reached, the case proceeds to a bench trial before a judge.
- Sentencing: If found guilty, the judge will impose penalties, which may include fines, community service, and license suspension.
- Appeal: You have the right to appeal a municipal court conviction to the Superior Court.
Potential Penalties for Leaving the Scene
In New Jersey, hit and run penalties escalate based on whether the accident caused property damage, injury, or death, with consequences including jail time, heavy fines, and lengthy license revocation.
| Offense Type | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Property Damage Only | Traffic Offense | Up to 30 days jail | $200 – $400 | 6-month suspension | Community service, court costs |
| Bodily Injury | Disorderly Persons Offense / 4th Degree Crime* | 180 days to 18 months | Up to $10,000 | 1-year revocation | Civil liability, victim restitution |
| Serious Bodily Injury or Death | 3rd Degree Crime / 2nd Degree Crime* | 3 to 10 years | Up to $150,000 | 1-year revocation minimum | Permanent criminal record, civil lawsuits |
*Degree of crime depends on severity of injury and circumstances.
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Traffic Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have a combined 120+ years of legal experience. We focus on providing full representation for traffic and criminal matters. Our approach is based on detailed case review and knowledge of local court procedures.
Case Results
Our firm has handled thousands of traffic cases across New Jersey and other states. While results depend on the specific facts of each case, our goal is always to seek the best possible outcome, whether that is a dismissal, reduction of charges, or minimized penalties. We have successfully defended clients against charges like driving while suspended, reckless driving, and leaving the scene.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our New Jersey Hit And Run Law Firm
If you need a New Jersey Hit And Run Attorney, our firm is accessible. We serve clients throughout the state. Our New Jersey location is convenient for meetings by appointment.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 651-0900
By appointment only.
We offer 24/7 phone consultations — call (888) 437-7747 — with meetings scheduled by appointment only.
Frequently Asked Questions
Is hit and run a felony in New Jersey?
It depends. A hit and run involving only property damage is a traffic offense. If the accident causes injury, it can be charged as a disorderly persons offense or a crime of the 4th, 3rd, or 2nd degree, which are indictable offenses (similar to felonies in other states).
What should I do if I’m charged with leaving the scene?
First, do not discuss the case with anyone except your attorney. Contact a New Jersey Hit And Run Lawyer immediately. Gather any evidence you have, such as photos of your vehicle, witness information, or repair estimates. Your attorney will review the police report and the evidence against you to build a defense.
Can I lose my license for a hit and run?
Yes. New Jersey law mandates license suspension for leaving the scene. For property damage, suspension is typically six months. For accidents involving injury or death, the court must revoke your license for at least one year. A skilled attorney may argue for exceptions or work to minimize the suspension period.
What defenses are available for a hit and run charge?
Common defenses include lack of knowledge that an accident occurred, mistaken identity (you were not the driver), or that you did in fact stop and fulfill your duties but the other party left. An attorney can also challenge the sufficiency of the evidence presented by the prosecution.
Will my insurance cover a hit and run?
If you are the victim of a hit and run, your own collision or uninsured motorist coverage may apply for repairs and injuries. If you are the accused driver, your insurance company will likely investigate and may deny coverage for the accident, especially if you are convicted, which can lead to significant out-of-pocket costs.
Related Practice Areas: New Jersey Reckless Driving Lawyer | New Jersey DWI Lawyer
Other Locations: New York Hit And Run Lawyer | Virginia Hit And Run Lawyer
Hub Page: Traffic Lawyer
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.