State of New Jersey v. JAY C. FISHER (A-3026-05T3)

Submitted November 8, 2006 - Decided - August 14, 2007

[08/14/07 - 10:22 pm] 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.

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