ASSEMBLY, No. 960
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblymen FELICE and ROMANO
An Act concerning motor vehicles and amending R.S.39:4-129.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.39:4-129 is amended to read as follows:
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 $100.00 [nor] or more than $1,000.00 or be imprisoned for a period of 30 days, or both, for the first offense, and for a subsequent offense shall be fined not less than $500.00 [nor] or more than $2000.00, and be imprisoned for a period of not less than 3 months [nor] or more than 6 months. If a person who violates this subsection was operating the motor vehicle with a blood alcohol concentration of 0.10 % or more by weight of alcohol in the blood, that person shall be fined not less than $1500 or more than $2,500, or be imprisoned for a period of 180 days, or both.
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 not less than 6 months 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. A person convicted of a first offense under this subsection who was operating the motor vehicle with a blood alcohol concentration of 0.10 % or more by weight of alcohol in the blood 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 conviction.
(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 $25.00 [nor] or more than $100.00, 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 $100.00 [nor] or more than $200.00, or be imprisoned for a period of not less than 30 days [nor] or more than 90 days or both.
If a person who violates this subsection was operating the motor vehicle with a blood alcohol concentration of 0.10 % or more by weight of alcohol in the blood, that person shall be fined not less than $250 or more than $500, or be imprisoned for a period of not less than 90 days, or both.
(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) 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 shall be presumed to have knowledge that he was involved in such accident, and such presumption shall be rebuttable in nature.
(cf: P.L.1979, c.463, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill increases the penalties for leaving the scene of a motor vehicle accident which results in death, personal injury or property damage while the driver is under the influence of alcoholic beverages.
Under current law, the penalty for leaving the scene of an accident which resulted in death or personal injury is a fine of not less than $100 or more than $1,000 or imprisonment for 30 days, or both. In addition, the driver's license of the person is suspended for not less than six months. For a subsequent offense, the penalty is a fine of not less than $500 or more than $2,000, or imprisonment between three months and six months, or both. In addition, the driver's license of the person is suspended permanently.
Under the provisions of this bill, if the person was operating the motor vehicle with a blood alcohol concentration (BAC) of 0.10 % or more, the person would be fined not less than $1,500 or more than $2,500, or be imprisoned for 180 days, or both. In addition, for the first offense, the driver's license suspension would be for a period of one year.
Under current law, the penalty for leaving the scene of an accident which resulted in property damage is, for the first offense, a fine not less than $25 or more than $100, imprisonment for up to 30 days, or both. For a subsequent offense, the fine would be not less than $100 or more than $200, imprisonment for between 30 and 90 days, or both. Under the provisions of this bill, if the person was operating the motor vehicle with a BAC of 0.10 % or more, the person would be fined not less than $250 or more than $500, or be imprisoned for a period of not less than 90 days, or both.
Increases penalties for leaving the scene of motor vehicle accident if driver was intoxicated.