Latest Posts - New Jersey Legal News

A Recent Change In Motor Vehicle Law That Can Affect You! The New Jersey Appellate Division made a significant change in a statute commonly used for plea bargaining moving traffic violations in the municipal courts in the State of New Jersey. The affected statute is N.J.S.A. 39:4-97.2, which is a subsection of the Careless Driving […]

New Snow And Ice Law! A new motor vehicle offense has been created: operating a motor vehicle with accumulated snow or ice on the vehicle. All areas of the vehicle are covered, including the windows, windshield, hood and trunk. Police are now authorized to stop cars with ice and snow while driving on a street […]

Plea Bargaining For Repeat Motor Vehicle Offenders Under The Unsafe Driving Statute N.J. Appellate Division Reverses Recent Decision Interpreting N.J.S.A. 39:4-97.2 A subsection of the Careless Driving statute, N.J.S.A. 39:4-97.2 is most commonly used for plea bargaining many motor vehicle charges in municipal court, and was created by the New Jersey legislature specifically for that […]

Can statements made to police prior to “Miranda” warnings (“You have the right to remain silent…”) be used as evidence against you? In Miranda v. Arizona, 384 U.S. 436, 458, 86 S.Ct. 1602, 1619, 16 L.Ed.2d 694, 714 (1964), the Supreme Court recognized that “[u]nless adequate protective devices are employed to dispel the compulsion inherent […]

Beware At New Jersey Crosswalks, Drivers And Pedestrians When you come to a crosswalk while driving, you may want to make sure you actually and completely stop your car from moving. You cannot roll, eek, inch, or otherwise creep through a crosswalk, and you certainly cannot blast through it, without being subject to legal penalty. […]

Employment Law I, Some Legal Analysis Of Constitutional Or Federal Claims FREEDOM OF SPEECH 42 U.S.C. 1983 provides: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State … subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to […]

Medical and hospital services and treatment are provided for in N.J.S.A. 34:15-15. The Act provides that the employer must furnish to the worker all medical and surgical treatment as well as hospital services as may be necessary to cure and relieve the worker of the effect of an injury and to restore the function of […]

One Case On Roadside Searches STATE v. CARTY, 170 N.J. 632 The NJ Supreme court has stated that roadside searches are more akin to an investigatory stop rather than a “mere field interrogation,” thus requiring reasonable suspicion. The Court reasoned that a motorist is not free to leave until the search is completed. 170 NJ […]

Final Restraining Orders And Attendance At Depositions New Jersey Rule of Court 4:10-3 provides that the Court may, for good cause shown, make any Order that justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense. In the comment to Rule 4:10-3 it is specifically stated that a […]