KNOWINGLY LEAVING THE SCENE OF A MOTOR VEHICLE ACCIDENT RESULTING IN DEATH—N.J.S.A. 2C:11-5.1
You are driving northbound in your Dodge ram truck down a rural road in western Monmouth County one evening at 65 mph. You know you should not be driving because the liability insurance on the vehicle lapsed for nonpayment two (2) months ago and as a result Motor Vehicle Commission (MVC) has suspended your driver’s license. In addition, your inspection sticker has expired and you haven’t even tried to renew your registration. You come to an intersection marked by a blinking yellow light for all motorists. You decide to speed through and you put the pedal to the metal. As you enter the intersection, a compact car proceeding eastbound also enters the intersection from your right. It’s a Toyota tercel. The front bumper of your vehicle collides with the front driver’s side door of the tercel and the tercel is pushed across the intersection and into a huge oak tree. Instantly you realize the gravity of the situation and the likelihood that you will be in deep trouble if the police arrive and discover that you are driving without insurance and while your driver’s license is suspended. So you decide to drive away, and garage your vehicle as quickly as possible. On your way back you are signaled to stop by a state trooper. Busted! Later you learn that the driver of the tercel died. Have you just committed a serious crime?
N.J.S.A. 2C:11-5.1
“A motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene under circumstances that violate the provisions the provisions of R.S.39:4-129 shall be guilty of a crime of the third degree if the accident results in the death of another person. The presumption of nonimprisonment set forth in N.J.S.2C:44-1 shall not apply to persons convicted under this section.
If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated manslaughter under the provisions of N.J.S.A. 2C:11-4 or for vehicular homicide under the provisions of N.J.S.2C:11-5.
Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for aggravated manslaughter under the provisions of N.J.S.2C:11-4 or for vehicular homicide under the provisions of N.J.S.2C:11-5 and a separate sentence shall be imposed upon each such conviction.
Notwithstanding the provisions of N.J.S.2C:44-5 or any other provisions of law, when the court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively.
For the purposes of this section, neither knowledge of the death nor the knowledge of the violation are elements of the offense and it shall not be a defense that the operator of the motor vehicle was unaware of the death or of the provisions of R.S.39:4-129.”
The answer to the question is YES. It’s bad enough that you have knowingly left the scene of a motor vehicle accident in violation of N.J.S.A. 39:4-129, e.g., which imposes a duty to stay at the scene, exchange insurance information with the other drivers, assist injured motorists and/or call the police. But the charge has been elevated to a third degree crime because the collision caused the death of a human being. Your exposure, if convicted (per count of this offense) would be monetary fines of not more than $15,00.00, possible jail time of not less than three (3) years nor more than five (5) years, presumptive four (4) years, plus a criminal record. N.J.S.A. 2C:43-3(b) Note that the usual presumption of nonincarceration normally available for those being sentenced for commission of third degree crimes is expressly made not applicable by the Legislature. This greatly increases the probability of the imposition of certain jail time. State v. Muniz, 118 N.J. 319, 571 A.2d 948 (1990).
Note also that where you have caused a death, the Legislature also expressly makes it O.K. for the State to charge you with additional criminal offenses for the same event, e.g., aggravated manslaughter ( a crime of the second degree or of the first degree) and/or death by vehicular homicide ( a crime of the second degree or of the first degree) in addition to the instant offense charged. If convicted of either aggravated manslaughter or vehicular homicide in addition to leaving the scene, consecutive sentencing is mandatory. In other words, if you are convicted of the leaving the scene where you have caused a death and are sentenced four (4) years jail time, and you are also convicted of aggravated manslaughter (simultaneously), and sentenced to an additional seven (7) years jail time on that count, you must do the entire eleven (11) years, subject to possible early release on parole. A second degree crime is punishable, if convicted by monetary fines of up to $150,000.00, plus jail time of not less than five (5) years, nor more than ten (10) years, presumptive seven (7) years, plus a criminal record. N.J.S.A. 2C:43-3(a) A first degree
crime is punishable, if convicted, by monetary fines of up to $200,000.00, plus jail time of not less than ten (10) years, nor more than twenty (20) years—and can under certain circumstances be as much as thirty (30) years. N.J.S.A. 2C:43-3(a)
If you’ve been charged with knowingly leaving the scene of a motor vehicle accident resulting in death under N.J.S.A. 2C:11-5.1, you need to understand that this is a very serious offense for which substantial jail time, if convicted, is certain. You need to retain a skilled and experienced attorney to represent you immediately.
