STATE OF NEW JERSEY V. JEAN A. SENE A-2256-13T1The question of first impression presented on this appeal is whether contact between defendant's vehicle and a victim is a necessary element of leaving the scene of an accident in violation of N.J.S.A. 2C:11-5.1. Defendant was driving a taxi when a pedestrian stepped into his lane of traffic. The pedestrian fell into the adjoining lane of traffic and was killed when she was run over by another vehicle. Defendant did not stop his taxi at the scene and left without speaking to anyone. A jury convicted him of leaving the scene of a fatal motor vehicle accident under N.J.S.A. 2C:11-5.1. On appeal, defendant contends that a necessary element to the crime is contact between his vehicle and the victim. We disagree and hold that such contact is not an element of this crime. We also hold that N.J.S.A. 2C:11-5.1 is not unconstitutionally vague. We, therefore, affirm defendant's second-degree criminal conviction.
Because the sentencing judge did not correctly identify the aggravating and mitigating factors, we remand for resentencing. We also vacate a $5000 restitution award and remand for a hearing in accordance with N.J.S.A. 2C:44-2(b), (c).