LEAVING THE SCENE OF AN ACCIDENT model jury charge in NJ
| LEAVING THE SCENE OF AN ACCIDENT RESULTING IN DEATH (N.J.S.A. 2C:11-5.1)model jury charge The indictment charges the defendant with the offense of leaving the scene of an accident resulting in the death of another as follows: (Read pertinent count of indictment) The defendant is accused of violating a section of our state statutes that reads as follows: A motor vehicle operator who knows that he is involved in an accident and knowingly leaves the scene of that accident . . . shall be guilty of a crime. . . if the accident results in the death of another person. In order for you to find the defendant guilty of this offense, you must find that the State has proved beyond a reasonable doubt each of the following elements: 1. that the defendant was operating a motor vehicle and was involved in an accident while operating that motor vehicle; 2. that the defendant knew that he/she was involved in an accident; 3. that the defendant knowingly and unlawfully left the scene of that accident; and 4. that the accident resulted in the death of another person. The first element that the State must prove beyond a reasonable doubt is that the defendant was operating a motor vehicle and was involved in an accident while operating that motor vehicle. A motor vehicle is any vehicle propelled otherwise than by muscular power, except such vehicles as run only upon rails or tracks and motorized bicycles.1 The second element that the State must prove beyond a reasonable doubt is that the defendant knew that he/she was involved in an accident. A person knows that he/she was involved in an accident if he/she is aware that he/she was involved in an accident or is aware of a high probability that he/she was involved in an accident. The third element that the State must prove beyond a reasonable doubt is that the defendant knowingly and unlawfully left the scene of the accident. 1N.J.S.A.39:1-1.LEAVING THE SCENE OF AN ACCIDENT RESULTING IN DEATH N.J.S.A. 2C:11-5.1Page 2 of 2 2If the sufficiency of the defendants stay at the scene of the accident becomes an issue, please refer toN.J.S.A.39:4-129(c), which specifies how long a motorist must remain at the scene of an accident. 3When appropriate, the jury should be instructed on causation.N.J.S.A.2C:2-3. A motorist knowingly leaves the scene of an accident if he/she is aware that he/she is leaving the scene of an accident or is aware of a high probability that he/she is leaving the scene of an accident. To determine whether the State has proved beyond a reasonable doubt that the defendant unlawfully left the scene of an accident, you must understand the obligations that New Jersey law places on a motorist who is involved in an accident. A motorist who knows that he/she has been involved in an accident must: (1) immediately stop his/her vehicle at the scene of the accident; or (2) immediately stop his/her vehicle as close to the scene of the accident as possible and forthwith return to the scene of the accident.2 A motorist who fails to stop under these circumstances unlawfully leaves the scene of an accident. However, the State need not prove that the defendant knew of his/her legal obligation to stop at or near the scene of the accident. The fourth element that the State must prove beyond a reasonable doubt is that the accident resulted in the death of another person.3The State need not prove that defendant knew that the accident had resulted in death or would result in death. If you find that the State has proved each element of the offense beyond a reasonable doubt, then you must find the defendant guilty. If you find that the State has failed to prove any element of the offense beyond a reasonable doubt, then you must find the defendant not guilty. |
| Consequences of a Criminal Guilty Plea 1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s) 2. Do you understand that if you plead guilty: a. You will have a criminal record3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail. 4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing. 5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution. 6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty. 7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty. 8. You must wait 5-10 years to expunge a first offense. 2C:52-3 9. You could be put on Probation. 10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30. 11. You may be required to do Community Service. 12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty. 13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction. 14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation. 15. You lose the presumption against incarceration in future cases. 2C:44-1 16. You may lose your right to vote. The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense. Jail for Crimes and Disorderly Conduct: If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms. NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years; (2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years; (3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years; (4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months. 2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed: a. (1) $200,000.00 when the conviction is of a crime of the first degree; (2) $150,000.00 when the conviction is of a crime of the second degree; b. (1) $15,000.00 when the conviction is of a crime of the third degree; (2) $10,000.00 when the conviction is of a crime of the fourth degree; c. $1,000.00, when the conviction is of a disorderly persons offense; d. $500.00, when the conviction is of a petty disorderly persons offense; If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500 |
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