Kenneth Vercammen is a Middlesex County trial attorney and Municipal Public Defender who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigationmatters. He is Deputy Chair of the ABA Criminal Law Committee,GP and will be lecturing at the 2012 ABA Annual Meeting attended by 10,000 attorneys and professionals. We thank the Public Defender Law Clerks who have assisted in adding Articles and cases to our criminal blogs. All cases, statutues and articles are added by our Law Clerks, consisting of law students and college students who receive experience in criminal law. To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com or visit www.njlaws.com

Kenneth Vercammen & Associates, P.C.

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Thursday, March 1, 2012

2C:11-5.1 Knowingly leaving scene of motor vehicle accident resulting in death, second degree crime.

2C:11-5.1 Knowingly leaving scene of motor vehicle accident resulting in death, second degree crime.
1.A motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the provisions of R.S.39:4-129 shall be guilty of a crime of the second degree if the accident results in the death of another person.

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.2C:11-4 or 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 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.