New Jersey Criminal Attorney Blog

A Paterson man who pleaded guilty to leaving the scene of an accident in which the other driver was killed. The defendant faces seven years in prison.

Even in minor traffic accidents where that not result in injury or death, leaving the scene can mean added charges. Leaving the scene of an accident that does not result in personal injury can mean two points on your license, fines, and license suspension. If the accident does result in injury, it can mean eight points on your license, fines and prison time.

In the case of Jamal Williams, the Paterson who pleaded guilty, leaving the scene of that accident could cost him seven years of his life. After he left the accident, the other victim, a 60-year-old man, was taken to the hospital where he later died. Williams will be sentenced in December.

There is a lot of misinformation concerning the consequences of refusing a breathalyzer test, but the law in New Jersey is clear: you must take the test or face stiff penalties.

On a first offense, refusing a test can result in license suspension for 7 months to a year, up to a $500 fine and 12 hours in an Intoxicated Driver Resource Center Program. To convict someone of refusing the breathalyzer test, the State needs only to show that the arresting officer had probable cause to believe the defendant operated the vehicle while intoxicated. However, it is possible to be found guilty of refusing the test even if a defendant is acquitted of driving while intoxicated.

In fact, just recently a Hoboken police officer was charged with refusing a breathalyzer test, adding to his legal troubles that include a DWI charge.