NO POINT VIOLATION AND NO $250.00 N.J. STATE SURCHARGE
Almost all persons that have been involved in plea negotiations with a prosecutor regarding a New Jersey incurred moving violation were advised of Unsafe Driving in violation of N.J.S. 39:4-97.2. As my previous blogs discussed, Unsafe Driving is an extremely expensive no point violation (unless it’s your third offense in a five year time period then it […]
N.J.S. 39:4-126 (FAILURE TO SIGNAL)
A New Jersey Municipal Court prosecutor is required to establish beyond a reasonable doubt several elements in order for a motorist to be adjudicated “guilty” to N.J.S. 39:4-126, Failure to Signal. The three elements of a turn signal offense are as follows: a turn, a failure to give an appropriate signal, AND the presence of […]
Driving without Liability Insurance in New Jersey
Motorists convicted with driving without liability insurance in New Jersey face substantial fines and will lose his/her driving privileges. See, N.J.S.A 39:6b-2 discussion in traffic ticket section of website. Possible defenses that may be appropriate and vindicate the Motorist may be: N.J. Motorist insurance company is required to give it’s insured a notice of cancellation […]
New Jersey Alcotest Triggered Refusal Charged Reviewed
In New Jersey a motorist suspected for driving under the influence of alcohol is required to submit to breath testing upon police request. It should be noted that a person charged with refusing to take a breath test, for the most part, faces consequences similar to a charge of DWI. This blog discusses refusal in […]
NJ DWI STANDARD REFUSAL STATEMENT MUST BE IN NATIVE LANGUAGE
State v. Marquez is to be given pipeline retro-activity; therefore, the Spanish-speaking defendant’s Breathalyzer refusal conviction is reversed because the standard instructions were not given to him in Spanish.
New Jersey Carless Driving Discussed
According to New Jersey trial court opinion in State v. Jahn, 121 N.J. Super. 209 (County Ct. 1972), one may drive carelessly and one may also speed. But the fact that a person is speeding does not necessarily mean the driver operated a motor vehicle carelessly. As such, speeding in violation of N.J.S.A. 39:4-98 is […]
NJ LAW PERMITS CONVICTED DRUNK DRIVER THAT WAS INVOLVED IN AUTO ACCIDENT TO DUE BAR THAT SERVED HIM/HER ALCOHOL
Voss v. Tranquilino, et al. (A-110-09), the New Jersey Supreme Court decided the issue, “whether an individual who was convicted of or pled guilty to driving while intoxicated(DWI) in connection with a motor vehicle accident is barred from pursuing a dram shop claim against a liquor licensee that, prior to the accident, allegedly served the […]
FAILURE TO PROVIDE PROPER BREATH SAMPLE IS A REFUSAL UNDER NJ DWI LAW N.J.S.A. 39:4-50.2.
State of New Jersey v. Aaron P. Schmidt (A-35-10) Argued March 28, 2011 — Decided May 26, 2011 RIVERA-SOTO, J., writing for the Court, opined: Defendant/NJ Motorist was stopped by police and brought to New Jersey Police headquarters to take breath test to determine if motorist was under the influence of alcohol. At the station, […]
ALCOTEST OPERATOR MUST OBSERVE SUBJECT FOR 20 MINUTES PRIOR TO TAKING BREATH SAMPLE
If a motorist is stopped for driving under the influence of alcohol that motorist, if requested by a New Jersey Police Officer, is required to submit to a breath test. Submitting to a breath test requires more then just blowing into a machine, procedurally the police officer must adhere to some established protocols. For example, […]