Hit and Run Lawyer Somerset County — Defending Leaving the Scene Charges
A hit and run in Somerset County is a serious traffic offense under N.J.S.A. 39:4-129, requiring you to stop and provide information after an accident. Leaving the scene of an accident can lead to criminal charges, license suspension, and significant fines.
New Jersey Hit and Run Law
Last verified: April 2026 | Superior Court of NJ, Somerset Vicinage | New Jersey Legislature
In New Jersey, the legal duty to stop after an accident is defined by statute. The law requires any driver involved in an accident resulting in injury, death, or property damage to immediately stop their vehicle at the scene, or as close as possible without obstructing traffic. You must provide your name, address, driver’s license, and vehicle registration to the other driver, any injured person, or a police officer. If the property owner is not present, you must leave this information in a conspicuous place and report the accident to the police without delay. Failure to fulfill these duties constitutes the offense of leaving the scene of an accident, commonly called a hit and run.
Founded in 1997 by former prosecutor Mr. Sris, our firm understands the immediate steps you must take and the defenses that may apply to your case.
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 39:4-129 (official New Jersey Legislature site). Court procedures for Somerset County are managed by the Superior Court of NJ, Somerset Vicinage.
Local Court Process for a Hit and Run Charge
In Somerset County, a hit and run charge is a traffic offense heard in the Municipal Court division of the Superior Court. The process is quasi-criminal. A key local procedural fact is that New Jersey’s surcharge system adds significant financial penalties on top of court fines—$100 per year for each point over six on your license, paid for three years. A hit and run conviction can trigger these surcharges. Plea bargaining is permitted, and a common strategy is to negotiate for a reduction to a less severe charge like careless driving to minimize points and surcharges.
- Receive Your Summons: You will get a ticket and court date requiring your appearance at the Somerset County Municipal Court in Somerville.
- Consult an Attorney: Before your first court date, speak with a lawyer to review the evidence and discuss potential defenses or negotiations.
- Initial Appearance: Attend court. Your attorney can enter a not guilty plea and request discovery from the prosecutor.
- Case Review & Negotiation: Your lawyer will review police reports and witness statements to challenge the state’s case or seek a favorable plea agreement.
- Trial or Resolution: If no agreement is reached, your case proceeds to a bench trial before a Municipal Court judge.
- Addressing Penalties: If convicted, your attorney can argue for minimized penalties and guide you through any license suspension hearings.
Potential Penalties for Leaving the Scene
In Somerset County, a hit and run accident charge carries penalties based on the severity of the accident, including fines, license suspension, and potential jail time.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Leaving Scene – Property Damage | Traffic Offense | Possible up to 30 days | $200 – $400 | 6-month suspension possible | Points, insurance surcharges |
| Leaving Scene – Bodily Injury | Traffic Offense / Criminal | Up to 180 days | $2,500 – $5,000 | 1-year suspension mandatory | Points, surcharges, possible civil liability |
| Leaving Scene – Death | Indictable Crime (3rd Degree) | 3-5 years state prison | $15,000 maximum | Revocation | Felony record, significant surcharges |
Results may vary. Prior results do not aim for a similar outcome.
Filing fees and court costs apply. New Jersey’s Motor Vehicle Commission (MVC) also imposes surcharges: $100 per year for each point over six on your license, paid for three years. An Unsafe Driver Surcharge of $250 per year for three years applies with three or more moving violations.
Our Experience with Traffic Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have a combined 120+ years of legal experience. We focus on providing clear guidance for traffic matters like hit and run charges. Firm-wide, we have handled 4,739+ documented case results with over 93% favorable outcomes. Our approach is based on a detailed review of each client’s specific situation.
Case Results in Traffic Defense
Our firm’s results in traffic defense demonstrate our active practice. While results are always case-specific, our firm-wide record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. These results include charges such as reckless driving, DUI, and leaving the scene of an accident.
Results may vary. Prior results do not aim for a similar outcome.
Local Somerset County Legal Support
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-9900
By appointment only.
Our New Jersey location serves clients at Somerset County courts. We represent individuals in Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster. If you need a hit and run lawyer near Somerset County, we offer 24/7 phone consultations at (888) 437-7747. Meetings are by appointment only.
Hit and Run Lawyer Somerset County FAQ
What should I do if I’m charged with a hit and run in Somerset County?
Contact a lawyer immediately. Do not discuss the incident with anyone else. Your attorney will obtain the police report, review the evidence against you, and advise you on the best course of action, which may include negotiating with the prosecutor or preparing for trial.
Is leaving the scene of an accident a criminal charge in NJ?
It depends. Leaving the scene involving only property damage is a traffic offense. If the accident caused injury or death, the charges escalate and can become indictable criminal offenses (felonies), carrying potential state prison time.
Can I lose my license for a hit and run in New Jersey?
Yes. New Jersey law mandates a license suspension for leaving the scene of an accident. For accidents involving injury, a one-year suspension is mandatory. For property damage, a suspension of up to six months is possible. A skilled leaving the scene of an accident lawyer Somerset County can argue to minimize this penalty.
What are the defenses to a hit and run accident charge?
Possible defenses include lack of knowledge that an accident occurred, that you did stop and fulfill your duties but were unable to locate the owner, or that you are not the driver who was involved. An attorney will investigate the facts to identify the strongest defense for your situation.
How many points is a hit and run in New Jersey?
Leaving the scene of an accident results in 8 points on your New Jersey driving record. This high point count triggers immediate insurance surcharges of $100 per year for each point over six, paid for three years, plus other potential fines.