Driver in Fatal Accident Must Identify Himself to Police – State v. Fisher

In this morning’s Appellate Division decision in State v. Fisher, the Court upheld the constitutionality of N.J.S.A. 2C:11-5.1. This criminal statute requires that the driver of a motor vehicle who is involved in a fatal accident and knowingly leaves the scene in violation of N.J.S.A. 39:4-129 is guilty of a crime of the third degree. The Court also went on to rule that such a driver has an affirmative duty to identify himself to the police at the accident scene, notwithstanding his right to remain silent under the Fifth Amendment to the United States Constitution.

Download a copy of State v. Fisher.

Category: Muni-Mail Archive