Leaving scene of accident with injury 39:4-129 Action in case of accident.

Leaving scene of accident with injury 39:4-129   Action in case of accident.

  (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.

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 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)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.

2C:12-1.1 Knowingly leaving scene of motor vehicle accident resulting in serious bodily injury, third degree crime.

2C:12-1.1   Knowingly leaving scene of motor vehicle accident resulting in serious bodily injury, third degree crime.
2.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  third degree if the accident results in serious bodily injury to another person.  The presumption of nonimprisonment set forth in N.J.S.2C:44-1 shall not apply to persons convicted under the provisions of this section.

If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated assault or assault by auto under the provisions of N.J.S.2C:12-1.

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 assault or assault by auto under the provisions of N.J.S.2C:12-1 and a separate sentence shall be imposed upon each conviction.

Notwithstanding the provisions of N.J.S.2C:44-5 or any other provisions of law, whenever in the case of such multiple convictions 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 serious bodily injury nor knowledge of the violation are elements of the offense and it shall not be a defense that the driver of the motor vehicle was unaware of the serious bodily injury or provisions of R.S.39:4-129.

Trying Cases in Municipal Court-the Basics

Trying Cases in Municipal Court-the Basics

Municipal Court Practice program

May 15 Thursday 1-2:30pm  

NJ State Bar Association NJSBA Annual Meeting

Borgata Hotel Atlantic City

Learn the new cases, rules and statutes, an insider’s guide to handling cases in New Jersey’s busiest courts. Municipal Court practice requires more knowledge than just showing up and pleading someone guilty. Learn from two of New Jersey’s most respected lecturers on the subject. This course qualifies for Bridge The Gap credits. 

Speakers: John Menzel, J.D.  Section Chair  

Jon-Henry Barr, Esq. President NJ Prosecutors Assoc.

 Kenneth Vercammen, Esq. Past Municipal Court Attorney of the Year  Joshua Reinitz, Esq. Nutley         

       Also at 1pm will be the awarding of the Municipal Court Attorney of the Year.

Flash drive with forms and materials provided to all attendees!

Register at  http://www.njsba.com/meetings-events/2014-annual-meeting-and-convention/registration-options.html

NJSBA 732-249-5000

The following forms will be provided. 

02  Lt of rep only  02 Discovery letter  02d Disc Complainant  03D Retainer-MUN COURT  Bail reduce Motion  Brief post convict vacate plea  Conditional Discharge Pet Cl  New Conditional Dismissal Motion  DUI Motions non disc- jury  DWI- Blood defense brief  MIRANDA brief  Motion for Civil Reservation  Motion for Slap  Motion- Dismiss No disc mun Pros  MVC points list  No discovery dismiss Brief  OBJ TO LAB CERT  Order mark try or dismiss  SUPPRESSION BRIEF  www.BeNotGuilty.com

Borgata

1 Borgata Way  

Atlantic City, NJ 08401

Proposed Bill S1896 would Legalize possession and personal use of small amounts of marijuana for persons age 21 and over.

Proposed Bill S1896 would Legalize possession and personal use of small amounts of marijuana for persons age 21 and over.

Judiciary  

Scutari, Nicholas P.   as Primary Sponsor
3/27/2014 Introduced in the Senate, Referred to Senate Judiciary Committee

     This bill would legalize the possession and personal use of small amounts of marijuana for persons age 21 and over.

     The bill specifies that the following acts are not unlawful and would not be an offense or a basis for seizure or forfeiture of assets under N.J.S.2C:64-1 et seq. or other applicable law for persons 21 years of age or older:

     a. Possessing, using, displaying, purchasing, or transporting marijuana accessories or one ounce or less of marijuana;

     b.  Possessing, growing, processing, or transporting no more than six marijuana plants, with three or fewer being mature, flowering plants, and possession of the marijuana produced by the plants on the premises where the plants were grown, provided that the growing takes place in an enclosed, locked space, is not conducted openly or publicly, and is not made available for sale;

     c. Transfer of one ounce or less of marijuana without remuneration to a person who is 21 years of age or older;

     d.  Consumption of marijuana, provided that nothing in the bill would permit consumption that is conducted openly and publicly or in a manner that endangers others; or

     e.  Assisting another person who is 21 years of age or older in any of the acts described above.

     Under the bill, the following acts would also not be unlawful or a basis for seizure or forfeiture of assets for persons 21 years of age or older:

     a. manufacture, possession, or purchase of marijuana accessories or the sale of marijuana accessories to a person who is 21 years of age or older;

     b. possessing, displaying, or transporting marijuana or marijuana products; purchase of marijuana from a marijuana cultivation facility; purchase of marijuana or marijuana products from a marijuana product manufacturing facility; or sale of marijuana or marijuana products to consumers, if the person conducting the activities described in this subsection has obtained a current, valid license to operate a retail marijuana store or is acting in his or her capacity as an owner, employee or agent of a licensed retail marijuana store;

     c. cultivating, harvesting, processing, packaging, transporting, displaying, or possessing marijuana; delivery or transfer of marijuana to a marijuana testing facility; selling marijuana to a marijuana cultivation facility, a marijuana product manufacturing facility, or a retail marijuana store; or the purchase of marijuana from a marijuana cultivation facility, if the person conducting the activities described in this subsection has obtained a current, valid license to operate a marijuana cultivation facility or is acting in his or her capacity as an owner, employee, or agent of a licensed marijuana cultivation facility;

     d. packaging, processing, transporting, manufacturing, displaying, or possessing marijuana or marijuana products; delivery or transfer of marijuana or marijuana products to a marijuana testing facility; selling marijuana or marijuana products to a retail marijuana store or a marijuana product manufacturing facility; the purchase of marijuana from a marijuana cultivation facility; or the purchase of marijuana or marijuana products from a marijuana product manufacturing facility, if the person conducting the activities has obtained a current, valid license to operate a marijuana product manufacturing facility or is acting in his or her capacity as an owner, employee, or agent of a licensed marijuana product manufacturing facility;

     e. possessing, cultivating, processing, repackaging, storing, transporting, displaying, transferring or delivering marijuana or marijuana products if the person has obtained a current, valid license to operate a marijuana testing facility or is acting in his or her capacity as an owner, employee, or agent of a licensed marijuana testing facility;

     f. leasing or otherwise allowing the use of property owned, occupied or controlled by any person, corporation or other entity for any of the activities conducted lawfully in accordance with subsections a. through e.

     The bill requires the Division of Alcoholic and Beverage Control, renamed in the bill to the Division of Alcoholic Beverage and Marijuana Control, to adopt regulations necessary for implementation of the bill.  The regulations could not prohibit the operation of marijuana establishments, either expressly or through regulations that make their operation unreasonably impracticable.  One regulation would require that only marijuana, marijuana based products and paraphernalia be available for sale at a marijuana establishment.

     The bill also provides for local governmental entity regulations or ordinances.  The bill provides that each local governmental entity shall enact an ordinance or regulation specifying the entity within the local governmental entity that is responsible for processing applications submitted for a license to operate a marijuana establishment within the boundaries of the local governmental entity and for the issuance of such licenses, should the issuance by the local governmental entity become necessary because of a failure by the Division to adopt regulations or to process and issue licenses.

     The local governmental entity may enact ordinances or regulations, not in conflict with the provisions of the bill:

     -- governing the time, place, manner and number of marijuana establishment operations;

     -- establishing procedures for the issuance, suspension, and revocation of a license issued by the local governmental entity;

     -- establishing a schedule of annual operating, licensing, and application fees for marijuana establishments, provided, the application fee shall only be due if an application is submitted to a local governmental entity in accordance with the provisions of the bill and a licensing fee shall only be due if a license is issued by a local governmental entity; and

     -- establishing civil penalties for violation of an ordinance or regulation governing the time, place, and manner of a marijuana establishment that may operate in such local governmental entity.

     The bill provides that a local governmental entity may prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance.

     Under the bill, each application for an annual license to operate a marijuana establishment would be submitted to the Division. 

     The bill establishes a tax levied upon marijuana sold or otherwise transferred by a marijuana cultivation facility to a marijuana product manufacturing facility or to a retail marijuana store at a rate equivalent to the rate established under the "Sales and Use Tax Act," P.L.1966, c.30 (C.54:32B-1 et seq.).  The Department of the Treasury would establish procedures for the collection of all taxes levied. Monies would be deposited in the Transportation Trust Fund, the Drug Enforcement Demand Reduction Fund and programs supporting the following public health initiatives:  women’s health, family planning, postpartum depression awareness, smoking cessation, and HIV-awareness.

     The bill specifies that no tax would be levied upon marijuana intended for sale at medical marijuana centers pursuant to the “New Jersey Compassionate Use Medical Marijuana Act,” P.L.2009, c.307 (C.24:6I-1 et seq.).

Proposed law A2602 would impose limits on the fees that may be charged for discovery in municipal court cases.

Proposed law A2602 would impose limits on the fees that may be charged for discovery in municipal court cases.

     The bill limits the charge for these documents to an amount no greater than the amount specified in section 6 of P.L.2001, c.404 (C.47:1A-5), the Open Public Records Act (OPRA). Under that statute, the fee for a government record in the form of printed matter is $0.05 per letter size page and $0.05 per legal size page, unless the public agency can demonstrate that its actual costs for duplication of a government record exceed those rates.

     The bill also provides that a person charged an amount greater than that may seek the relief specified in OPRA: the person may file an action in the Superior Court or file a complaint with the Government Records Council established pursuant to section 7 of P.L.2001, c.404 (C.47:1A-6).

      This bill imposes limits on the fees that may be charged for discovery in municipal court cases.

      The bill limits the charge for these documents to an amount no greater than the amount specified in section 6 of P.L.2001, c.404 (C.47:1A-5), the Open Public Records Act (OPRA). Under that statute, the fee for a government record in the form of printed matter is $0.05 per letter size page and $0.05 per legal size page, unless the public agency can demonstrate that its actual costs for duplication of a government record exceed those rates.

      The bill also provides that a person charged an amount greater than that may seek the relief specified in OPRA: the person may file an action in the Superior Court or file a complaint with the Government Records Council established pursuant to section 7 of P.L.2001, c.404 (C.47:1A-6).