Latest Posts - New Jersey Legal News

Plea Bargaining For Repeat Motor Vehicle Offenders Under The Unsafe Driving Statute

November 22, 2014
Plea Bargaining For Repeat Motor Vehicle Offenders Under The Unsafe Driving Statute

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 […]

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DUI/DWI Checkpoint: Was It Legal? Was It Marked?

November 22, 2014
DUI/DWI Checkpoint: Was It Legal? Was It Marked?

DUI/DWI Checkpoint: Was It Legal? Was It Marked? You are driving home one night and see police car lights up ahead. Either because of sheer inconvenience or because you’ve had a couple of glasses of wine at dinner, you quickly turn onto a side road to take an alternate route. This could arguably be construed […]

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Are Statements Made To Police Prior To Miranda Warnings Admissible?

November 22, 2014
Are Statements Made To Police Prior To Miranda Warnings Admissible?

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 […]

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When Can Police Search Your Car?

November 22, 2014
When Can Police Search Your Car?

When Can Police Search Your Car? The following paragraphs contain case law that explain the issues surrounding searches, seizures, and arrests in a motor vehicle context, and demonstrate the potential complexity involved in protecting your rights. The Fourth Amendment of the United States Constitution guarantees the “right of the people to be secure in their […]

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Beware At New Jersey Crosswalks, Drivers And Pedestrians

November 22, 2014
Beware At New Jersey Crosswalks, Drivers And Pedestrians

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. […]

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Employment Law I, Some Legal Analysis Of Constitutional Or Federal Claims

November 22, 2014
Employment Law I, Some Legal Analysis Of Constitutional Or Federal Claims

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 […]

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One Case On Roadside Searches

November 22, 2014
One Case On Roadside Searches

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 […]

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Final Restraining Orders And Attendance At Depositions

November 22, 2014
Final Restraining Orders And Attendance At Depositions

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 […]

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New Jersey officers probed for DWI handling of fellow trooper

November 22, 2014
New Jersey officers probed for DWI handling of fellow trooper

New Jersey officers probed for DWI handling of fellow trooper Thousands of New Jersey drivers make the mistake of driving under the influence of drugs and alcohol every year, to the detriment and danger of everyone in the state. Unfortunately, this mistake happens to a wide variety of people, in every profession, including law enforcement. […]

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