Hit and Run outside of School

According to the New Brunswick Police Department, Rutgers student, Shivangi Patel, 19, while driving, struck a teenager in a crosswalk in front South Brunswick High School, and then fled the scene.

Patel, who was attending classes at the high school as part of her college curriculum, allegedly hit the teen, breaking her clavicle and causing a severe concussion. Immediately after the accident, Patel allegedly drove home.

Allegedly, Patel’s father, Rahesh Patel, in an attempt to cover up the crime, is claimed to have driven Shivangi back to the high school in another vehicle. After an investigation, police claim that Mr.  Patel attempted to hide his daughter’s car in the driveway of his house.

Shivangi Patel is charged with assault by auto, endangering an injured victim, and leaving the scene of an accident, with serious bodily injury. Her father, Rajesh Patel, was charged with hindering  the apprehension of his daughter.

In order for the State to prevail on these charges, the prosecution must prove, beyond a reasonable doubt, all elements of the following:

Assault by Auto: 2C:12-1c:

(1) A person is guilty of assault by auto when the person drives a vehicle recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.

(2) Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of 39:4-50 or 39:4-50.4a and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of 39:4-50 or 39:4-50.4a and bodily injury results.

(3) Assault by auto is a crime of the second degree if serious bodily injury results from the defendant operating the auto while in violation of 39:4-50 or 39:4-50.4a while:

(a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b) driving through a designated school crossing

(c) driving through a non-designated school crossing knowing that juveniles are present.

Assault by auto is a crime of the third degree if bodily injury results from the defendant operating the auto in violation of this paragraph.

Endangering an injured victim: 2C:12-1.2.

a. A person is guilty of endangering an injured victim if he causes bodily injury to any person or solicits, aids, encourages, or attempts or agrees to aid another, who causes bodily injury to any person, and leaves the scene of the injury knowing or reasonably believing that the injured person is physically helpless, mentally incapacitated or otherwise unable to care for himself. This is a third degree crime.

Knowingly leaving scene of motor vehicle accident resulting in serious bodily injury: 2C:12-1.1. 

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 N.J.S.A. 39:4-129 shall be guilty of a crime in the third degree if the accident results in serious bodily injury to another person.

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 N.J.S.A. 39:4-129.

Hindering Apprehension or Prosecution of another: N.J.S.A. 2C:29-3a:

A person commits such an offense if he purposefully hinders the detection, apprehension, investigation, prosecution, conviction or punishment of another, and knew he would likely be charged with such a crime.

If you would like to discuss this blog further, contact me at Matthew@jtlaw.org

Matt Simon

Matthew C. Simon, Esq.
The Law Office of John Tierney
1259 Route 46 East
Building 3, Suite 133
Parsippany NJ 07054
Tel: 973-588-3050
Fax: 973-588-3048