Tuesday, October 25, 2016
Monday, October 24, 2016
39:4-129(d) Leaving the scene of accident involving damages to unattended vehicle or property
39:4-129(d) Leaving
the scene of
accident involving
damages to
unattended
vehicle or property
First offense: Fine
or
imprisonment not
exceeding 30
days, or both, and
suspension of
driving privileges
for six months
from date of
conviction
$200 $400
Subsequent offense:
Fine or
imprisonment not
less than 30
days nor more than
90 days, or
both, and
suspension of driving
privileges for 1
year from date of
conviction
$400 $600
|
NJ
MVC Points 39:4-129 Leaving scene of accident- No injuries
|
2
|
Plus 2
car insurance points
39:4-129, 39:4-130 Leaving Scene of Accident and
Failure to Report, Car Accident
Kenneth Vercammen's Law
office represents individuals charged with criminal and serious traffic
violations throughout New Jersey. There is mandatory 6 month loss of license
for leaving the scene. Our goal as the attorney is to negotiate with the
prosecutor to reduce down to a violation with no suspension.
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.
More info at http://www.njlaws.com/leaving_the_scene.html
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 operators
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.
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 commission 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 chief administrator 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 chief
administrator 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 commission may require operators involved in accidents to
file supplemental reports of accidents upon forms furnished by it when in the
opinion of the commission, the original report is insufficient. The
reports shall be without prejudice, shall be for the information of the
commission, 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.
In those cases where a driver knowingly violates
the provisions of this section by failing to make a written report of an
accident, there shall be a permissive inference that the registered owner of the
vehicle which was involved in that accident 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 the person 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.
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 commission pursuant to R.S.39:4-131.
Except as otherwise provided in this section, a
person who knowingly violates this section shall be fined not less than $30 or
more than $100.
The chief administrator may revoke or suspend
the operators 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. Copyright
2016 Vercammen Law
Monday, October 10, 2016
Animal Cruelty 4:22-17 Criminal Disorderly
Animal Cruelty 4:22-17 Criminal Disorderly
In 2013, the Governor signed S-1303 into law as
P.L. 2013, c.88. The law increases criminal and civil penalties for certain
animal cruelty offenses.
The law creates a new standard of “necessary
care” defined as “care sufficient to preserve the health and well-being of an
animal, and includes, but is not limited to: food of sufficient quantity and
quality to allow for normal growth or maintenance of body weight; adequate
access to water in sufficient quantity and quality to satisfy the animal’s
needs; access to adequate protection from the weather; and veterinary care to
alleviate suffering and maintain health.” The law also defines the terms
“bodily injury” and “serious bodily injury” as used in its provisions.
Under the law, a violation
of any offense specified subsection a. of the amended N.J.S.A. 4:22-17 is
graded as a disorderly persons offense, except that such a violation is a crime
of the fourth degree if a defendant has a prior conviction for a subsection a.
offense. The disorderly persons penalties for a conviction of an offense listed
in subsection a.(1) or a.(2) remain unchanged. However, the law increases the
disorderly persons penalties for a conviction of an offense listed in
subsection a.(3), inflicting unnecessary cruelty upon a living animal or
creature, and subsection a.(4), failing to provide a living animal or creature
with necessary care. The enhanced penalties for the latter offenses are a fine
of not less than $500 nor more than $2,000, or imprisonment for a term of not
more than six months, or both, in the discretion of the court. As in the former
law, a person who is convicted of a subsection a. offense is also subject to a
term of community service and restitution, although the new law expands the
restitution provision to include replacement cost of an animal and recovery of
the cost of care for the animal by the owner or other entities.
4:22-17 a. It shall be unlawful to:
(1)
Overdrive,
overload, drive when overloaded, overwork, abuse, or needlessly kill a living
animal or creature;
(2)
Cause or
procure, by any direct or indirect means, including but not limited to through
the use of another living animal or creature, any of the acts described in
paragraph (1) of this subsection to be done; 
(3)
Inflict
unnecessary cruelty upon a living animal or creature, by any direct or indirect
means, including but not limited to through the use of another living animal or
creature; or leave the living animal or creature unattended in a vehicle under
inhumane conditions adverse to the health or welfare of the living animal or
creature; or 
(4)
Fail, as the
owner or as a person otherwise charged with the care of a living animal or
creature, to provide the living animal or creature with necessary care. 
b. (1) A person
who violates subsection a. of this section shall be guilty of a disorderly
persons offense. Notwithstanding the provisions of N.J.S.2C:43-3 to the
contrary, for every conviction of an offense pursuant to paragraph (1) or (2)
of subsection a. of this section, the person shall be fined not less than $250
nor more than $1,000, or be imprisoned for a term of not more than six months,
or both, in the discretion of the court; and for every conviction of an offense
pursuant to paragraph (3) or (4) of subsection a. of this section, the person
shall be fined not less than $500 nor more than $2,000, or be imprisoned for a
term of not more than six months, or both, in the discretion of the court.
(2)
If the person
who violates subsection a. of this section has a prior conviction for an
offense that would constitute a violation of subsection a. of this section, the
person shall be guilty of a crime of the fourth degree.
(3)
A person who
violates subsection a. of this section shall also be subject to the provisions
of subsections e. and f. and, if appropriate, subsection g., of this section.
c.
It shall be
unlawful to purposely, knowingly, or recklessly:
(1)
Torment,
torture, maim, hang, poison, unnecessarily or cruelly beat, cruelly abuse, or
needlessly mutilate a living animal or creature; 
(2)
Cause bodily
injury to a living animal or creature by failing to provide the living animal
or creature with necessary care, whether as the owner or as a person otherwise
charged with the care of the living animal or creature; 
(3)
Cause or
procure an act described in paragraph (1) or (2) of this subsection to be done,
by any direct or indirect means, including but not limited to through the use
of another living animal or creature; or
(4)
Use, or cause
or procure the use of, an animal or creature in any kind of sexual manner or
initiate any kind of sexual contact with the animal or creature, including, but
not limited to, sodomizing the animal or creature. As used in this
paragraph, "sexual contact" means any contact between a person and an
animal by penetration of the penis or a foreign object into the vagina or anus,
contact between the mouth and genitalia, or by contact between the genitalia of
one and the genitalia or anus of the other. This term does not include
any medical procedure performed by a licensed veterinarian practicing
veterinary medicine or an accepted animal husbandry practice.
d. (1) A person
who violates paragraph (1), (2), (3) or (4) of subsection c. of this section
shall be guilty of a crime of the fourth degree, except that the person shall
be guilty of a crime of the third degree if:
(a)
the animal or
creature dies as a result of the violation;
(b)
the animal or
creature suffers serious bodily injury as a result of the violation; or
(c)
the person has
a prior conviction for an offense that would constitute a violation of
paragraph (1), (2), (3) or (4) of subsection c. of this section.
(2)
A person who
violates any provision of subsection c. of this section shall also be subject
to the provisions of subsections e. and f. and, if appropriate, subsection g.,
of this section.
e.
For a violation
of this section, in addition to imposing any other appropriate penalties
established for a crime of the third degree, crime of the fourth degree, or
disorderly persons offense, as the case may be, pursuant to Title 2C of the New
Jersey Statutes, the court shall impose a term of community service of up to 30
days, and may direct that the term of community service be served in providing
assistance to the New Jersey Society for the Prevention of Cruelty to Animals,
a county society for the prevention of cruelty to animals, or any other
recognized organization concerned with the prevention of cruelty to animals or
the humane treatment and care of animals, or to a municipality's animal control
or animal population control program.
f.
The court also
shall require any violator of this section to pay restitution, including but
not limited to, the monetary cost of replacing the animal if the animal died or
had to be euthanized because of the extent of the animal's injuries, or
otherwise reimburse any costs for food, drink, shelter, or veterinary care or
treatment, or other costs, incurred by the owner of the animal, if the owner is
not the person committing the act of cruelty, or incurred by any agency,
entity, or organization investigating the violation, including but not limited
to the New Jersey Society for the Prevention of Cruelty to Animals, a county
society for the prevention of cruelty to animals, any other recognized organization
concerned with the prevention of cruelty to animals or the humane treatment and
care of animals, a local or State governmental entity, or a kennel, shelter,
pound, or other facility providing for the shelter and care of the animal or
animals involved in the violation.
g.
If a juvenile
is adjudicated delinquent for an act which, if committed by an adult, would
constitute a disorderly persons offense, crime of the fourth degree, or crime
of the third degree pursuant to this section, the court also shall order the
juvenile to receive mental health counseling by a licensed psychologist or
therapist named by the court for a period of time to be prescribed by the
licensed psychologist or therapist.
amended 1995,
c.355, s.2; 1996, c.64, s.1; 2000, c.162, s.1; 2001, c.229, s.1; 2003, c.232,
s.1; 2005, c.105, s.1; 2013, c.88, s.2; 2015, c.133.
4:22-18. Carrying animal in cruel, inhumane
manner; disorderly persons offense
4:22-18.
A person who shall carry, or cause to be carried, a living animal or creature
in or upon a vehicle or otherwise, in a cruel or inhumane manner, shall be
guilty of a disorderly persons offense and punished as provided in subsection
a. of R.S.4:22-17.
Amended 1995,
c.355, s.3; 1996, c.64, s.2; 2001, c.229, s.2.
4:22-19.
Failure to care for, destruction of impounded animals; penalties; collection
4:22-19.
A person who shall:
4:22-19.
A person who shall:
a.
Impound or
confine, or cause to be impounded or confined, in a pound or other place, a
living animal or creature, and shall fail to supply it during such confinement
with a sufficient quantity of good and wholesome food and water; or
b.
Destroy or
cause to be destroyed any such animal by hypoxia induced by decompression or in
any other manner, by the administration of a lethal gas other than an inhalant
anesthetic, or in any other manner except by a method of euthanasia generally
accepted by the veterinary medical profession as being reliable, appropriate to
the type of animal upon which it is to be employed, and capable of producing
loss of consciousness and death as rapidly and painlessly as possible for
such animal shall, in the case of a violation of subsection a., be guilty
of a disorderly persons offense and shall be punished as provided in subsection
a. of R.S.4:22-17; or, in the case of a violation of subsection b., be
subject to a penalty of $25 for the first offense and $50 for each subsequent
offense. Each animal destroyed in violation of subsection b. shall constitute
a separate offense. The penalty shall be collected in accordance with the
"Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et
seq.) and all money collected shall be remitted to the State.
This section
shall apply to kennels, pet shops, shelters and pounds as defined and licensed
pursuant to P.L.1941, c.151 (C.4:19-15.1 et seq.); to pounds and places of
confinement owned and operated by municipalities, counties or regional
governmental authorities; and to every contractual warden or impounding
service, any provision to the contrary in this title notwithstanding.
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