2C:12-1.1 Knowingly leaving
scene of motor vehicle accident resulting in serious bodily
injury, fourth degree crime; sentencing.
2.A motor vehicle operator who knows he is involved in an accident
and knowingly leaves the scene of that accident under circumstances
that violate the provisions of R.S.39:4-129 shall be guilty
of a crime of the fourth degree if the accident results in serious
bodily injury to another person.
The presumption of nonimprisonment set forth in N.J.S.2C:44-1
shall not apply to persons convicted under the provisions
of this section.
If the evidence so warrants, nothing in this section shall
be deemed to preclude an indictment and conviction for aggravated
assault or assault by auto under the provisions of N.J.S.2C:12-1.
Notwithstanding the provisions of N.J.S.2C:1-8 or any other
provisions of law, a conviction arising under this section
shall not merge with a conviction for aggravated assault or
assault by auto under the provisions of N.J.S.2C:12-1 and
a separate sentence shall be imposed upon each conviction.?
Notwithstanding the provisions of N.J.S.2C:44-5 or any other
provisions of law, whenever in the case of such multiple convictions
the court imposes multiple sentences of imprisonment for more
than one offense, those sentences shall run consecutively.
For the purposes of this section, neither knowledge of the
serious bodily injury nor knowledge of the violation are elements
of the offense and it shall not be a defense that the driver
of the motor vehicle was unaware of the serious bodily injury
or provisions of R.S.39:4-129.