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39:4-96. Reckless driving; punishment
39:4-96. A person who drives a vehicle heedlessly, in willful
or wanton disregard of the rights or safety of others, in a manner
so as to endanger, or be likely to endanger, a person or property,
shall be guilty of reckless driving and be punished by imprisonment
in the county or municipal jail for a period of not more than 60
days, or by a fine of not less than $50.00 or more than $200.00,
or both.
On a second or subsequent conviction he shall be punished by imprisonment
for not more than three months, or by a fine of not less than $100
or more than $500, or both.
Amended 1955,c.220,s.1; 1982,c.45,s.3; 1995,c.70,s.2.
39:4-97. Careless driving
39:4-97. A person who drives a vehicle carelessly,
or without due caution and circumspection, in a manner so as to
endanger, or be likely to endanger, a person or property, shall
be guilty of careless driving.
Amended 1951,c.23,s.54; 1955, c.220,s.2; 1995, c.70,s.3.
39:4-129. Action in case of accident [Leaving the scene]
39:4-129. (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 $500 nor more than $1,000 or be imprisoned for a period
of 180 days, or both, for the first offense, and for a subsequent
offense shall be fined not less than $1,000 nor more than $2,000,
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) 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 shall be presumed
to have knowledge that he was involved in such accident, and such
presumption shall be rebuttable in nature.
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.
Amended 1940,c.147; 1967, c.189,s.1; 1977,c.407; 1978,c.180; 1979,c.463,s.1;
1994,c.183,s.1.
39:4-130. Immediate notice of accident; written report
[Failure to report]
39:4-130. The driver of a vehicle or street car involved
in an accident resulting in injury to or death of any person,
or damage to property of any one person in excess of $500.00 shall
by the quickest means of communication give notice of such accident
to the local police department or to the nearest office of the county
police of the county or of the State Police, and in addition
shall within 10 days after such accident forward a written report
of such accident to the division on forms furnished by it.
Such written reports shall contain sufficiently detailed information
with reference to a motor vehicle accident, including the cause,
the conditions then existing, the persons and vehicles involved
and such information as may be necessary to enable the director
to determine whether the requirements for the deposit of security
required by law are inapplicable by reason of the existence of insurance
or other circumstances. The director may rely upon the accuracy
of the information contained in any such report, unless he has reason
to believe that the report is erroneous. The division may require
operators involved in accidents to file supplemental reports of
accidents upon forms furnished by it when in the opinion of the
division, the original report is insufficient. The reports
shall be without prejudice, shall be for the information of the
division, and shall not be open to public inspection. The
fact that the reports have been so made shall be admissible in evidence
solely to prove a compliance with this section, but no report or
any part thereof or statement contained therein shall be admissible
in evidence for any other purpose in any proceeding or action arising
out of the accident.
Whenever the driver of a vehicle is physically incapable of giving
immediate notice or making a written report of an accident as required
in this section and there was another occupant in the vehicle at
the time of the accident capable of giving notice or making a report,
such occupant shall make or cause to be made said notice or report
not made by the driver.
Whenever the driver is physically incapable of making a written
report of an accident as required by this section and such driver
is not the owner of the vehicle, then the owner of the vehicle involved
in such accident shall make such report not made by the driver.
A written report of an accident shall not be required by this
section if a law enforcement officer submits a written report of
the accident to the division pursuant to R.S. 39:4-131.
Any person who knowingly violates this section shall be fined
not less than $30 or more than $100.
The director may revoke or suspend the operator's license privilege
and registration privilege of a person who violates this section.
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.
Amended 1951, c.23,s.72; 1953,c.187; 1967,c.189,s.2; 1983,c.193,s.1;
1994,c.183,s.2.
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