| 39:4-129.
Leaving the Scene of an 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)There shall be a permissive inference that 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 has knowledge that he was involved in such
accident.
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.
There shall be a permissive inference that the
registered owner of the vehicle which was involved
in an accident subject to the provisions of this
section was the person involved in the accident;
provided, however, if that vehicle is owned by a
rental car company or is a leased vehicle, there
shall be a permissive inference that the renter or
authorized driver pursuant to a rental car contract
or the lessee, and not the owner of the vehicle, was
involved in the accident, and the requirements and
penalties imposed pursuant to this section shall be
applicable to that renter or authorized driver or
lessee and not the owner of the vehicle.
Any person who suppresses, by way of concealment or
destruction, any evidence of a violation of this
section or who suppresses the identity of the
violator shall be subject to a fine of not less than
$250 or more than $1,000.
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; 2007, c.266, s.1.
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