KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEYS AT LAW
407 Main Street
Metuchen, N.J. 08840
(Phone) 732-906-2180
(Fax) 732-906-2155
Member of: website: www.njlaws.com
New Jersey Princeton/So. Brunswick Office
New York Office hours by appointment only
Pennsylvania Cranbury, New Jersey 08512
& Federal Bars (609) 395-1500
Careless driving, Reckless driving, leaving the scene, failure to report
39:4- 96. Reckless drivi ng; punishment
39:4- 96. A person who drives a vehicle heedlessl y in will!ul or wanton
disregard o! the rights or sa!ety o! others in a manner so as
to endanger or "e likel y to endanger a person or propert y shall "e guil ty
o! reckless drivi ng and "e punished "y imprisonment in
the county or municipal #ail !or a period o! not more than 6$ days or "y a
!ine o! not less than %&$.$$ or more than %'$$.$$ or "oth.
(n a second or su"se)uent convicti on he shall "e punished "y
imprisonment !or not more than three months or "y a !ine o! not less
than %*$$ or more than %&$$ or "oth.
Amended *9&&c.''$s.*; *9+'c.4&s.3; *99&c.,$s.'.
39:4- 9,. -areless drivi ng
39:4- 9,. A person who drives a vehicle carelessl y or wi thout due caution
and circumspecti on in a manner so as to endanger or "e
likel y to endanger a person or propert y shall "e guil ty o! careless drivi ng.
Amended *9&*c.'3s.&4; *9&& c.''$s.'; *99& c.,$s.3.
39:4- *'9. Action in case o! accident ./eavi ng the scene0
39:4- *'9. 1a2 3he driver o! any vehicle knowi ngl y invol ved in an
accident resul ti ng in in#ury or death to any person shall
immedi atel y stop the vehicle at the scene o! the accident or as close
thereto as possi"le "ut shall then !orthwi t h return to and in
every event shall remai n at the scene until he has !ul!illed the re)uirements
o! su"section 1c2 o! this section. 4very such stop shall
"e made wi thout o"structi ng tra!!ic more than is necessary. Any person
who shall violate this su"secti on shall "e !ined not less than
%&$$ nor more than %*$$$ or "e imprisoned !or a period o! *+$ days or
"oth !or the !irst o!!ense and !or a su"se)uent o!!ense shall
"e !ined not less than %*$$$ nor more than %'$$$ or "e imprisoned !or a
period o! *+$ days or "oth. 3he term o! imprisonment
re)ui red "y this su"section shall "e imposed onl y i! the accident resul ted in
death or in#ury to a person other than the driver convicted
o! violati ng this section.
5n addi ti on any person convicted under this su"section shall !or!ei t his
right to operate a motor vehicle over the highways o! this
6tate !or a period o! one year !rom the date o! his convicti on !or the !irst
o!!ense and !or a su"se)uent o!!ense shall therea!ter
permanentl y !or!ei t his right to operate a motor vehicle over the highways
o! this 6tate.
1"2 3he driver o! any vehicle knowi ngl y invol ved in an accident resul ti ng
onl y in damage to a vehicle including his own vehicle or
other propert y which is attended "y any person shall immedi atel y stop his
vehicle at the scene o! such accident or as close thereto
as possi"le "ut shall then !orthwi th return to and in every event shall
remain at the scene o! such accident until he has !ul!illed the
re)ui rements o! su"section 1c2 o! this section. 4very such stop shall "e
made without o"structi ng tra!!ic more than is necessary. Any
person who shall violate this su"section shall "e !ined not less than %'$$
nor more than %4$$ or "e imprisoned !or a period o! not more
than 3$ days or "oth !or the !irst o!!ense and !or a su"se)uent o!!ense
shall "e !ined not less than %4$$ nor more than %6$$ or "e
imprisoned !or a period o! not less than 3$ days nor more than 9$ days or
"oth.
5n addi ti on a person who violates this su"section shall !or a !irst o!!ense
!or!ei t the right to operate a motor vehicle in this 6tate !or a
period o! si7 months !rom the date o! convicti on and !or a period o! one
year !rom the date o! convicti on !or any su"se)uent o!!ense.
1c2 3he driver o! any vehicle knowi ngl y invol ved in an accident resul ti ng
in in#ury or death to any person or damage to any vehicle
or propert y shall give his name and address and e7hi"i t his operator8 s
license and registrati on certi !icate o! his vehicle to the person
in#ured or whose vehicle or propert y was damaged and to any police o!!icer
or wi tness o! the accident and to the driver or occupants
o! the vehicle collided wi th and render to a person in#ured in the accident
reasona"le assistance including the carryi ng o! that person to
a hospi tal or a physician !or medical or surgical treatment i! it is apparent
that the treatment is necessary or is re)uested "y the in#ured
person.
5n the event that none o! the persons speci!ied are in condi ti on to recei ve
the in!ormati on to which they otherwise would "e enti tl ed
under this su"section and no police o!!icer is present the driver o! any
vehicle invol ved in such accident a!ter !ul!illing all other
re)ui rements o! su"sections 1a2 and 1"2 o! this section inso!ar as possi"le
on his part to "e per!ormed shall !orthwi th report such
accident to the nearest o!!ice o! the local police depart ment or o! the
county police o! the county or o! the 6tate 9olice and su"mi t
thereto the in!ormati on speci!ied in this su"section.
1d2 3he driver o! any vehicle which knowi ngl y collides wi th or is knowi ngl y
invol ved in an accident with any vehicle or other
propert y which is unattended resul ti ng in any damage to such vehicle or
other propert y shall immedi atel y stop and shall then and there
locate and noti !y the operator or owner o! such vehicle or other propert y o!
the name and address o! the driver and owner o! the
vehicle striking the unattended vehicle or other propert y or in the event an
unattended vehicle is struck and the driver or owner thereo!
cannot "e immedi atel y located shall attach securel y in a conspicuous place
in or on such vehicle a wri tten notice giving the name and
address o! the driver and owner o! the vehicle doing the striking or in the
event other propert y is struck and the owner thereo! cannot
"e immedi atel y located shall noti !y the nearest o!!ice o! the local police
depart ment or o! the county police o! the county or o! the
6tate 9olice and in addi tion shall noti !y the owner o! the propert y as soon as
the owner can "e identi !i ed and located. Any person who
violates this su"section shall "e punished as provi ded in su"section 1"2 o!
this section.
1e2 3he driver o! any motor vehicle invol ved in an accident resul ti ng in
in#ury or death to any person or damage in the amount o!
%'&$.$$ or more to any vehicle or propert y shall "e presumed to have
knowledge that he was invol ved in such accident and such
presumpti on shall "e re"utta"l e in nature.
:or purposes o! this section it shall not "e a de!ense that the operator o!
the motor vehicle was unaware o! the e7istence or e7tent o!
personal in#ury or propert y damage caused "y the accident as long as the
operator was aware that he was invol ved in an accident.
Amended *94$c.*4,; *96, c.*+9s.*; *9,,c.4$,; *9,+c.*+$;
*9,9c.463s.*; *994c.*+3s.*.

39:4- *3$. 5mmedi ate notice o! accident; wri tten report .:ailure to report0
39:4- *3$. 3he driver o! a vehicle or street car invol ved in an accident
resul ti ng in in#ury to or death o! any person or damage to
propert y o! any one person in e7cess o! %&$$.$$ shall "y the )uickest
means o! communi cati on give notice o! such accident to the
local police depart ment or to the nearest o!!ice o! the county police o! the
county or o! the 6tate 9olice and in addi ti on shall wi thi n *$
days a!ter such accident !orward a wri tten report o! such accident to the
division on !orms !urnished "y it. 6uch wri tten reports shall
contai n su!!icientl y detailed in!ormati on wi th re!erence to a motor vehicle
accident includi ng the cause the condi ti ons then e7isti ng
the persons and vehicles invol ved and such in!ormati on as may "e
necessary to ena"le the director to determi ne whether the
re)ui rements !or the deposi t o! securi ty re)ui red "y law are inapplica"le "y
reason o! the e7istence o! insurance or other
circumstances. 3he director may rely upon the accuracy o! the in!ormati on
contai ned in any such report unless he has reason to
"elieve that the report is erroneous. 3he division may re)ui re operators
invol ved in accidents to !ile supplemental reports o! accidents
upon !orms !urnished "y it when in the opinion o! the division the original
report is insu!!icient. 3he reports shall "e wi thout pre#udice
shall "e !or the in!ormati on o! the division and shall not "e open to pu"lic
inspecti on. 3he !act that the reports have "een so made
shall "e admissi"le in evidence solely to prove a compliance with this
section "ut no report or any part thereo! or statement contai ned
therei n shall "e admissi"le in evidence !or any other purpose in any
proceedi ng or action arising out o! the accident.
;henever the driver o! a vehicle is physicall y incapa"le o! giving
immedi ate notice or making a wri tten report o! an accident as
re)ui red in this section and there was another occupant in the vehicle at
the ti me o! the accident capa"le o! giving notice or making a
report such occupant shall make or cause to "e made said notice or report
not made "y the driver.
;henever the driver is physicall y incapa"le o! making a wri tten report o!
an accident as re)ui red "y this section and such driver is
not the owner o! the vehicle then the owner o! the vehicle invol ved in such
accident shall make such report not made "y the driver.
A wri tten report o! an accident shall not "e re)uired "y this section i! a
law en!orcement o!!icer su"mi ts a wri tten report o! the
accident to the division pursuant to R.6. 39:4- *3*.
Any person who knowi ngl y violates this section shall "e !ined not less
than %3$ or more than %*$$.
3he director may revoke or suspend the operator8 s license privilege and
registrati on privilege o! a person who violates this section.
:or purposes o! this section it shall not "e a de!ense that the operator o!
the motor vehicle was unaware o! the e7istence or e7tent o!
personal in#ury or propert y damage caused "y the accident as long as the
operator was aware that he was invol ved in an accident.
Amended *9&* c.'3s.,'; *9&3c.*+,; *96,c.*+9s.'; *9+3c.*93s.*;
*994c.*+3s.'.