Charged with Leaving the Scene of an Accident in NJ? Here’s What to Do Next

If you’re reading this, chances are you, or someone you care about, is facing a hit and run charge for leaving the scene of an accident in New Jersey. It’s a frightening moment. Maybe you panicked, not realizing someone had been hurt. Maybe you didn’t even know a collision had occurred. But now, you’re facing serious consequences, including possible criminal charges, license suspension, insurance complications, and a record that could follow you for years.

At Aydelotte Law, our New Jersey defense lawyers understand how overwhelming this feels. We’re here to help you make sense of what’s ahead.

What Does Leaving the Scene Mean in New Jersey?

Under N.J.S.A. 39:4-129, drivers involved in an accident must stop immediately (or as close as safely possible), exchange personal and insurance information, and offer reasonable assistance if someone is injured. The duties apply whether the accident involves another vehicle, a pedestrian, unattended property, or single-vehicle crashes. 

Many drivers don’t realize these duties apply even in minor accidents, which can lead to unintended violations and serious consequences.

When only property damage is involved, the charge is typically handled in municipal court as a traffic offense, with penalties such as fines, points, and possible license suspension. But when an accident causes injury or death, the matter escalates to Superior Court as an indictable offense, with far more serious consequences, including potential jail or prison time. 

In addition to a traffic violation under N.J.S.A. 39:4-129(a), drivers may also face a separate criminal charge under N.J.S.A. 2C:12-1.1 (leaving the scene of an accident resulting in serious bodily injury) or N.J.S.A. 2C:11-5.1 (leaving the scene resulting in death). These third-degree crimes can carry three to five years in state prison and substantial fines.

That’s why these cases demand the skill of an experienced criminal defense attorney who also understands the complexities of New Jersey traffic laws.

Similar Post: Dealing with Traffic Tickets: A Guide for NJ Drivers Facing Points

Penalties and Collateral Consequences

A conviction can trigger:

• Criminal fines, probation, or incarceration
• License suspension by the NJ Motor Vehicle Commission
• Significant insurance premium increases or dropped coverage
• Civil lawsuits for damages, medical bills, and lost wages
• A criminal record that affects jobs, housing, and education

Even if jail isn’t on the table, losing your license or insurance can disrupt your life in major ways. A single conviction can affect your ability to secure professional licenses or pass background checks. It may also impact immigration status or child custody proceedings, depending on the case. These consequences might be mitigated with early legal help, particularly if your attorney intervenes before key decisions are made.

The penalties for a hit and run in New Jersey are separate from administrative consequences like motor-vehicle points, which can further impact your driving privileges and insurance rates.

How a Hit and Run Charge Affects Your Driving Record

Beyond the courtroom, a charge for leaving the scene of an accident can leave a lasting mark on your driving history:

• Points on your license: If you leave the scene and only property damage is involved, you’ll face 2 points; if the crash causes injury or death, you’ll face 8 points. Either scenario can lead to steep surcharges and major insurance increases.
• License suspension: The New Jersey Motor Vehicle Commission (NJMVC) may suspend your license for up to 1 year, even for a first offense.
• Commercial drivers: CDL holders risk disqualification, job loss, and long-term career setbacks.
• Rideshare and delivery drivers: Companies like Uber, Lyft, and DoorDash may deactivate your account.
• Reinstatement hurdles: Reinstating your license often requires fees, hearings, and proof of insurance.

These consequences can disrupt your ability to work, care for family, or simply get through your day. That’s why early legal help is critical. 

How South Jersey Prosecutors Build Their Case

In courts across South and Central NJ, prosecutors rely on:

• Accident scene evidence (debris, damage patterns, witness statements)
• Traffic or surveillance footage
• Vehicle damage and paint transfer
• GPS or telematics data
• Eyewitness accounts and post-crash behavior

They must prove you were the driver and knowingly failed to stop or help. That burden is significant, and an experienced South Jersey defense lawyer will know how to challenge it.

What to Do Right Now

If you’ve been accused of leaving the scene anywhere in South Jersey or Central Jersey, here’s how to protect yourself and strengthen your defense from the start:

• Stay calm. Don’t admit fault.
• Call a New Jersey criminal defense lawyer immediately.
• Preserve evidence: dashcam footage, GPS logs, repair receipts, witness info.
• Avoid speaking with police or insurers until you have counsel.
• Show up for all court dates and follow your attorney’s advice.

Early legal intervention can make all the difference. Don’t panic. Legal options may be available.

Similar Post: Do I Have to Talk to Police If I’m Not Under Arrest?

Common Defenses We Explore

While every case is different, here are some of New Jersey hit-and-run defense strategies we frequently explore and how they work in South Jersey and Central NJ courts:

• Mistaken identity: Witnesses or surveillance footage may misidentify the vehicle or driver. We investigate inconsistencies and alternative suspects.
• Lack of intent: If you didn’t realize a collision occurred, particularly in low-impact or nighttime incidents, this can undermine the prosecution’s case.
• Insufficient evidence: If there’s no reliable link between your vehicle and the crash, the state may not meet its burden of proof.
• Emergency or necessity: If you left the scene to seek immediate medical help, and documentation supports this, it may be a valid defense.
• Constitutional violations: We challenge any evidence obtained through illegal searches, coerced statements, or procedural errors.

At Aydelotte Law, LLC, we don’t rely on cookie-cutter strategies. We tailor your defense to the facts, the law, and the courtroom.

Alternatives for First-Time Offenders

If this is your first time facing criminal charges, you may be eligible for a diversionary program designed to help keep your record clean.

• Pretrial Intervention (PTI): Available in Superior Court for indictable offenses. PTI typically involves supervision, community service, and staying out of trouble for 6 to 36 months. Successful completion results in dismissal of charges.

Diversionary programs are approved at the county level, and eligibility and prosecutorial policies can vary significantly between counties such as Camden, Burlington, and Atlantic. A lawyer who knows the local courts can make a meaningful difference in how your application is viewed.

FAQ 1: What happens if you violate the program?

The original charges return, and you may face full prosecution in the same South or Central New Jersey court where the case began.

FAQ 2: What happens if you succeed?

Successful completion can lead to dismissal of charges, and you may be eligible for expungement, clearing the matter from your record entirely and helping you move forward without the shadow of a conviction.

What to Expect During Your Consultation

When you meet with a defense lawyer at Aydelotte Law, your consultation will focus on the essentials:

• The charges you’re facing and the penalties that may apply
• The evidence the prosecution is likely to rely on
• Potential defenses that fit the facts of your case
• Whether you may qualify for diversionary programs or, later, expungement
• What happens next in the process, and how long it typically takes

We’ll also discuss how local court practices can influence your case. Procedures and expectations can vary by county and judge, from Camden to Burlington to Gloucester, and that insight becomes part of the strategy we build together.

At Aydelotte Law, Nancianne Aydelotte, Esq. brings years of courtroom experience to every consultation, leading a team dedicated to guiding clients through complex processes and helping them move forward with confidence.

Key Takeaways

• Stop immediately and provide info after any accident.
• Leaving the scene can lead to both traffic and criminal charges, depending on the circumstances.
• Property-damage cases usually carry 2 points; injury/death cases, 8 points.
• Early defense intervention often prevents license loss or jail.
• Local experience in South and Central NJ courts matters.

Take the First Step Toward Protecting Your Future

Facing a charge for leaving the scene of an accident can feel overwhelming, but you don’t have to navigate it alone. The choices you make now can shape the outcome of your case. Speaking with an experienced defense lawyer ensures you understand your options and have a strategy built around your circumstances.

Aydelotte Law offers confidential consultations designed to give you clarity and direction. Our team draws on years of courtroom experience across South Jersey and Central NJ to provide the guidance you need when your future is on the line.

Call 856‑386‑4892 or use our online contact form to schedule your free consultation today.

Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.