STATE OF NEW JERSEY V. JEAN A. SENE
A-2256-13T1
The 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).
