An interesting question was recently posed to the NJ Appellate Division.  New Jersey Motor Vehicle law states that if you knowingly are involved in an accident in NJ, you must stay and render assistance to any injured person and/or produce your identification and other papers to the other person involved in the NJ accident.  If the persons involved in the NJ accident are not “in condition” to receive this type of information, the driver has a duty to notify and report the NJ accident to the nearest local police station.  See N.J.S.A. 2C:11-5.1 and N.J.S.A. 39:4-129. 

In this case, the NJ defendant driver thought he ran over a carcass of a dead animal, perhaps a deer.   After some good police investigation, the defendant’s identification was determined.   The investigation revealed that the defendant driver was not at fault for the NJ accident because the victim was believed to be either lying down or sitting in the middle of a South Jersey road at night.  

The defendant driver was charged with failure to report the NJ accident to police where a death occurred.   The defendant driver challenged the law on the fact that it would have forced him to self-incriminate himself which is against the United States and the NJ Constitutions.   By providing his information to the NJ police, he was giving us his right to remain silent.

The court ruled against the defendant driver and state the position that the mere fact of an NJ accident does not impute criminal liability.   Therefore, the driver’s right not to incriminate himself was not able to be invoked. 

See State v. Fisher here: State v. Fisher.pdf

I believe that this case was decided correctly on the specific facts, but raises many more issues.   What if a person was driving drunk (DWI-DUI-DAI) or speeding recklessly when the NJ accident occurred?   If this were the case, the defendant driver surely would be subject to NJ criminal law and criminal penalties.   In this case, should the defendant driver be forced to turn himself or herself into police? 

I believe our Constitutions protect us against being forced to turn ourselves into police.   I believe we will see this type of case argued in the future, and if the NJ courts rule against the defendant in this type of case, the defendant may be able take his or her case to the United States Supreme Court (out of NJ).  What do you think?

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law.   Check out our website for DUI penalties.  We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts.   We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Morrisville, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts.  We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA.  We are located just outside of Philadelphia in lower Bucks County.