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.
Notes of Decisions
State of New Jersey v. Louise Frank, 136 A.3d 429 (N.J. Super. Ct. App. Div. 2016).
· cites it 14× “1 The judge, thereafter, found defendant guilty of leaving the scene of a motor vehicle accident resulting in injury, N.J.S.A. 39:4-129(a). At sentencing, the trial court ordered that the motor vehicle violation merged into the crime, but that the penalties survived merger.”
State of New Jersey v. Jean A. Sene, 128 A.3d 175 (N.J. Super. Ct. App. Div. 2015).
· cites it 3× “1, which states, in relevant part: A motor vehicle operator who knows he [or she] is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the provisions of [N.J.S.A. 39:4-129] shall be guilty of a crime of the second degree if…”
State v. Anicama, 190 A.3d 474 (N.J. Super. Ct. App. Div. 2018).
“2C:36-2 ; leaving the scene of an accident, N.J.S.A. 39:4-129(d) ; and careless driving, N.”
State v. Fisher, 929 A.2d 1130 (N.J. Super. Ct. App. Div. 2007).
“[4] After fulfilling the requirements of subsection (a) and (b) to stop and remain at the scene, if a driver of a vehicle involved in an accident resulting in death leaves the scene, he must, pursuant to subsection (c), seek out a police officer, report the accident and give his…”
Allen v. Strelecki, 236 A.2d 129 (N.J. 1967).
· cites it 2× “The reason assigned was that Allen had been *419 “convicted 10/5/64 in the Millstone Township Court for violation of Section 39:4-129 R. S. (leaving scene of accident) and violation of Section 39:4-130 R.”
State v. Rashaun Bell (084657) (Statewide), 274 A.3d 594 (N.J. 2022).
· cites it 13× “Up to that point, leaving the scene of a motor vehicle accident constituted only a violation of the motor vehicle code under N.J.S.A. 39:4-129. N.J.S.A. 2C:11-5.1 created a third- degree offense for a driver who knowingly absconded from the scene of an accident resulting in the…”
State of New Jersey v. Frank Leone, No. A-0598-23 (N.J. Super. Ct. App. Div. May 2, 2025).
· cites it 8× “PER CURIAM Defendant Frank Leone appeals from the Law Division's October 6, 2023 order finding him guilty, following de novo review of the municipal court appeal, of leaving the scene of an accident involving property damage, N.J.S.A. 39:4-129(b), and failing to report an…”
State of New Jersey Vs. Michael Lyons, No. A-3017-19 (N.J. Super. Ct. App. Div. Mar. 24, 2021).
· cites it 5× “39:4-130; and leaving the scene of an accident, N.J.S.A. 39:4-129(b). Defendant argues his convictions should be reversed because the State failed to present evidence establishing the necessary elements of each offense.”
State of New Jersey v. Jesus M. Herrera, 267 A.3d 466 (N.J. Super. Ct. App. Div. 2022).
· cites it 5× “He was charged by summons with the non-indictable offense of leaving the scene of a motor vehicle accident resulting in injury or death, N.J.S.A. 39:4-129. In November 2017, a grand jury returned an indictment charging defendant with two counts: second-degree leaving the scene…”
State of New Jersey v. Dominick Cofone, No. A-2165-23 (N.J. Super. Ct. App. Div. Oct. 16, 2024).
· cites it 4× “PER CURIAM Following a trial de novo in the Law Division, defendant Dominick Cofone was convicted of leaving the scene of an accident, N.J.S.A. 39:4-129(b), and failing to report an accident, N.”
State of New Jersey Vs. Jason Askew, No. A-0516-14T1 (N.J. Super. Ct. App. Div. Mar. 23, 2017).
· cites it 3× “1 states, in relevant part: A motor vehicle operator who knows he [or she] is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the provisions of [N.J.S.A. 39:4-129] shall be guilty of a crime of the second degree if the…”
State of New Jersey Vs. William Zamor, No. A-1140-17T1 (N.J. Super. Ct. App. Div. Mar. 18, 2019).
· cites it 3× “2C: 43-2(c), and of the motor vehicle violation for leaving the scene of an accident, N.J.S.A. 39:4-129, that provides for a mandatory license forfeiture for six months.”
N.J. Stat. § 39:4-129(a): 7 cases
State of New Jersey v. Louise Frank, 136 A.3d 429 (N.J. Super. Ct. App. Div. 2016).
“1 The judge, thereafter, found defendant guilty of leaving the scene of a motor vehicle accident resulting in injury, N.J.S.A. 39:4-129(a). At sentencing, the trial court ordered that the motor vehicle violation merged into the crime, but that the penalties survived merger.”
State of New Jersey Vs. William Zamor, No. A-1140-17T1 (N.J. Super. Ct. App. Div. Mar. 18, 2019).
“2C: 43-2(c), and of the motor vehicle violation for leaving the scene of an accident, N.J.S.A. 39:4-129, that provides for a mandatory license forfeiture for six months.”
State v. Rashaun Bell (084657) (Statewide), 274 A.3d 594 (N.J. 2022).
“Up to that point, leaving the scene of a motor vehicle accident constituted only a violation of the motor vehicle code under N.J.S.A. 39:4-129. N.J.S.A. 2C:11-5.1 created a third- degree offense for a driver who knowingly absconded from the scene of an accident resulting in the…”
State of New Jersey Vs. Jason Askew, No. A-0516-14T1 (N.J. Super. Ct. App. Div. Mar. 23, 2017).
“1 states, in relevant part: A motor vehicle operator who knows he [or she] is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the provisions of [N.J.S.A. 39:4-129] shall be guilty of a crime of the second degree if the…”
N.J. Stat. § 39:4-129(b): 8 cases
State of New Jersey Vs. Michael Lyons, No. A-3017-19 (N.J. Super. Ct. App. Div. Mar. 24, 2021).
“39:4-130; and leaving the scene of an accident, N.J.S.A. 39:4-129(b). Defendant argues his convictions should be reversed because the State failed to present evidence establishing the necessary elements of each offense.”
State of New Jersey v. Dominick Cofone, No. A-2165-23 (N.J. Super. Ct. App. Div. Oct. 16, 2024).
“PER CURIAM Following a trial de novo in the Law Division, defendant Dominick Cofone was convicted of leaving the scene of an accident, N.J.S.A. 39:4-129(b), and failing to report an accident, N.”
State of New Jersey v. Frank Leone, No. A-0598-23 (N.J. Super. Ct. App. Div. May 2, 2025).
“PER CURIAM Defendant Frank Leone appeals from the Law Division's October 6, 2023 order finding him guilty, following de novo review of the municipal court appeal, of leaving the scene of an accident involving property damage, N.J.S.A. 39:4-129(b), and failing to report an…”
N.J. Stat. § 39:4-129(c): 2 cases
State v. Rashaun Bell (084657) (Statewide), 274 A.3d 594 (N.J. 2022).
“Up to that point, leaving the scene of a motor vehicle accident constituted only a violation of the motor vehicle code under N.J.S.A. 39:4-129. N.J.S.A. 2C:11-5.1 created a third- degree offense for a driver who knowingly absconded from the scene of an accident resulting in the…”
State of New Jersey v. Frank Leone, No. A-0598-23 (N.J. Super. Ct. App. Div. May 2, 2025).
“PER CURIAM Defendant Frank Leone appeals from the Law Division's October 6, 2023 order finding him guilty, following de novo review of the municipal court appeal, of leaving the scene of an accident involving property damage, N.J.S.A. 39:4-129(b), and failing to report an…”
N.J. Stat. § 39:4-129(d): 2 cases
State of New Jersey v. Jean A. Sene, 128 A.3d 175 (N.J. Super. Ct. App. Div. 2015).
“1, which states, in relevant part: A motor vehicle operator who knows he [or she] is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the provisions of [N.J.S.A. 39:4-129] shall be guilty of a crime of the second degree if…”
State v. Anicama, 190 A.3d 474 (N.J. Super. Ct. App. Div. 2018).
“2C:36-2 ; leaving the scene of an accident, N.J.S.A. 39:4-129(d) ; and careless driving, N.”
N.J. Stat. § 39:4-129(e): 1 case
State of New Jersey v. Frank Leone, No. A-0598-23 (N.J. Super. Ct. App. Div. May 2, 2025).
“PER CURIAM Defendant Frank Leone appeals from the Law Division's October 6, 2023 order finding him guilty, following de novo review of the municipal court appeal, of leaving the scene of an accident involving property damage, N.J.S.A. 39:4-129(b), and failing to report an…”
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