Posted on 08/31/2007 7:05:50 PM PDT by Coleus
When lawmakers made it a crime to leave the scene of an accident where someone is injured or killed, they said it would make drivers more attentive and drunks less likely to get behind the wheel. Some attorneys, however, contend it gives motorists a difficult choice: Report the accident and face possible criminal charges, or say nothing and face possible charges for leaving the scene. Making someone talk, they say, violates the constitutional right to remain silent.
Yesterday, a state appeals court ruled in favor of the law, saying requiring drivers to alert authorities and provide basic information about an accident does not violate the Fifth Amendment right to remain silent. "The disclosure of one's name and address does not entail a substantial risk of self-incrimination," wrote Judge Rudy Coleman for a three-judge panel. "Criminal liability would not be the inevitable or likely result of compliance with the statutory reporting requirements."
The ruling came in the case of a Salem County man who hit another man on a rural highway two years ago. It marks the first court test of the 10-year-old law that made leaving the scene of an accident -- formerly a disorderly persons offense -- a fourth-degree crime, or a third-degree crime if there is a fatality. Salem County Prosecutor John Lenahan applauded the decision. State prosecutors said the law was meant to help keep communities safe and aid investigations.
"We are gratified with this ruling," said David Wald, a spokesman for the state Attorney General's Office. "The court recognized that requiring a certain amount of information to police that identifies somebody's name and address is not incriminatory." Carl Poplar, who represented the motorist, called the ruling disappointing and the law "patently unconstitutional." He is planning to appeal to the state Supreme Court.
(Excerpt) Read more at nj.com ...
The other problem I’ve seen people run into is when they have an accident in a less than nice neighborhood. There have been several cases of people attacked by those in the neighborhood when they’ve hit someone.
No better how bad the situation, it can always be made worse by adding a cop.
You haven't been paying attention. They're not called "accidents" anymore, they are "crashes" now.
The word "accident" implies an air of unavoidability. "Crashes" have citable causes.
Hit and run has always been wrong.
Is this in New Jersey?
And may the game warden cite you for your illegal elk.
Law and order isn't always convenient, but its generally a desirable thing.
Yes Donna, It is in New Jersey.
The other problem I’ve seen people run into is when they have an accident in a less than nice neighborhood. There have been several cases of people attacked by those in the neighborhood when they’ve hit someone.
Fortunately, there are no "less than nice" neighborhoods in New Jersey - well, at least the buffoons who passed this law wouldn't admit to any...
That looks like hate speech. You should get a ticket and jail time.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.