A conviction under New Jersey Statute 39:4-129(b) for leaving the scene of a property-damage accident carries a fine of up to $400, up to 30 days in jail, two points on your driving record, and a mandatory six-month license forfeiture on a first offense. Penalties under this subsection climb sharply for a second conviction, and the statute makes it hard to argue you didn’t know an accident happened once the damage reaches a certain dollar figure.
Fines and Jail on a First Offense
A first conviction carries a fine between $200 and $400, up to 30 days in jail, or both.1Justia. New Jersey Code 39-4-129 – Action in Case of Accident The judge sets the exact amount within that range, weighing circumstances like how much damage you caused and whether you eventually cooperated with police.
Mandatory Six-Month License Forfeiture
This is the penalty that catches most drivers off guard. A first conviction under 39:4-129(b) triggers an automatic six-month loss of driving privileges, running from the date of conviction.1Justia. New Jersey Code 39-4-129 – Action in Case of Accident The word “mandatory” is doing real work here. Unlike the fine and jail ranges, which the judge can move within, the license forfeiture is fixed. The court has no authority to waive it or shorten it, no matter how minor the underlying damage was or how sympathetic your circumstances.
If your job depends on driving, this consequence alone usually outweighs everything else on the penalty sheet.
Points and Insurance Costs
A conviction adds two points to your New Jersey driving record. Two points by themselves don’t trigger a state surcharge, but if your running total reaches six or more within three years, the Motor Vehicle Commission imposes a $150 surcharge plus $25 for each additional point above six. That surcharge repeats every year for three years.2NJ MVC. Surcharges
The larger financial blow usually comes from your private auto insurer. A hit-and-run conviction raises premiums by an average of 87%, and that rate increase typically stays on your policy for three to five years. Added to any state surcharges, the long-term insurance cost often exceeds the court-ordered fine several times over.
Restitution to the Property Owner
On top of the fine, the court can order you to pay restitution directly to the person whose property you damaged. New Jersey law requires restitution whenever a victim has suffered a loss and the defendant has the ability to pay, and the amount is based on the full value of the damage. A restitution order does not prevent the owner from also suing you in civil court for anything the order didn’t cover.3Justia. New Jersey Revised Statutes 2C-44-2 – Criteria for Imposing Fines, Assessments, and Restitution
Repeat Offenses
A second or subsequent conviction under 39:4-129(b) raises the fine to between $400 and $600 and the jail exposure to between 30 and 90 days. The mandatory license forfeiture also doubles, from six months to a full year.1Justia. New Jersey Code 39-4-129 – Action in Case of Accident
The “I Didn’t Know I Hit Anything” Defense
The statute applies to any driver “knowingly involved” in a property-damage accident, which naturally invites the argument that you had no idea a collision occurred. The law anticipates it. If the damage reaches $250 or more, there is a legal presumption that you knew about the accident, and a court can infer knowledge from the surrounding facts without separate proof that you felt or saw the impact.1Justia. New Jersey Code 39-4-129 – Action in Case of Accident
The statute also closes a related gap. Being unaware of how much damage you caused is not a defense if you knew that an accident happened at all. “I thought it was just a scratch” won’t carry the day. The only workable lack-of-knowledge argument is that you had no idea any collision took place, and the $250 presumption makes that an uphill fight whenever the damage is more than cosmetic.1Justia. New Jersey Code 39-4-129 – Action in Case of Accident
When Someone Is Injured, Subsection (b) No Longer Applies
Subsection (b) covers property damage only. If anyone is hurt or killed in the accident, the much harsher subsection (a) applies instead. A first offense under subsection (a) carries fines between $2,500 and $5,000, up to 180 days in jail, and a one-year license forfeiture; a second offense under subsection (a) results in a permanent loss of driving privileges.1Justia. New Jersey Code 39-4-129 – Action in Case of Accident
The subsection that applies depends on what actually happened, not what you believed at the time. If you leave what you think is a fender-bender and it later emerges that someone was injured, you can be charged under subsection (a) rather than (b).