1 Dead After Tanker Truck Flips Over Guardrail on New Jersey Turnpike, Bursts Into Flames

October 8, 2015 |

Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark A pile of mattresses on top of a cargo van sprang loose onto the New Jersey Turnpike Wednesday afternoon, forcing a tanker truck driver to swerve so suddenly that his truck flipped over a guardrail and instantly burst into flames, killing him, authorities and witnesses say.…

PRINCETON: Jeep driver injured in crash with school bus that snarled traffic on Route 206

October 7, 2015 |

Submitted by New Jersey School Bus Accident Lawyer, Jeffrey Hark. The driver of a Jeep Liberty was injured when his vehicle struck the front end of a Princeton Public Schools bus on Stockton Street/Route 206, near Lovers Lane, shortly after 3 p.m. Tuesday, according to the Princeton Police Department. Charles Chernosky, 77, of Princeton, suffered…

Man hospitalized with ‘serious’ injuries after being hit by truck

October 6, 2015 |

Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark. BRICK TOWNSHIP – A 29-year-old township man was hospitalized Sunday night after being struck by a pickup truck while crossing Herbertsville Road, the Ocean County Prosecutor’s Office said Monday. At approximately 12:50 a.m. on Sunday, Brick Township police responded to the area of Herbertsville Road and Hulse Avenue…

Formal answer to the “dog sniff” question

October 2, 2015 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Until recently, if an officer possessed an articulable reasonable suspicion of criminal activity, an extended  traffic stop in order to conduct a canine search was permissible. State v. Elders, 192 N.J. 224, 234-35 (2007) (where officers threatened the use of a canine in order to gain “consent”…

State vs. Witt — Blog #4 Issue Failure to Dim Headlights as Probable Cause

September 30, 2015 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. THE KEY TO THIS ARGUMENT:   THE DEFENDANT FAILED TO RAISE THIS ISSUE AT THE TRIAL LEVEL VIA A MOTION TO SUPPRESS THEREFORE THE APPELLATE COURT SHOULD NOT HAVE REVIEWED THE ISSUE:NEVERTHELESS, IMPLICIT IN THE ARGUMENT IS A HUGE INEFFECTIVE ASSISTANCE ARGUMENT! THE COURT OUTLINED THE FACTS PERTAINING…

State vs. Scaltrito: Issue — Ineffective Assistance of Counsel at a Plea Hearing.

September 30, 2015 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This is a case addressing a defendant’s claim that a) his attorney did not properly represent him during a criminal proceeding and subsequent plea. Specifically the defendant argued to the court his defense attorney told him he would get into ISP (Intensive Supervised Parole within 14-18 months after…

Sicklerville child killed in A.C. Expressway crash

September 29, 2015 |

Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark. HAMILTON TWP. — A 6-year-old Sicklerville boy was killed Saturday afternoon in a two-vehicle accident on the Atlantic City Expressway, state police said. Jillian Nimmo, 26, of Sicklerville, was traveling westbound in the left lane near mile marker 16.2 when she attempted to move to the center lane, said…

The Most Important Blog You’ll Read if You Drive In New Jersey

September 28, 2015 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This is the third blog in a series of blogs about the recent N.J. Supreme Court decision in State v. Witt—one of the most controversial cases in recent memory. The last two blogs discussed the facts of the case, and the history of case law in New…

State v. Witt Part II: The Confusion of Exigency

September 26, 2015 |

 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. A previous blog presented the facts of State v. Witt and explained that up until now Pena-Flores was the governing case in New Jersey when it came to warrantless vehicle searches. Under that case a police officer must meet three requirements to search a vehicle without a…

If You’ve Ever Been Pulled Over You Must Read This Blog: Part I

September 26, 2015 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. On September 24 the N.J. Supreme Court issued an opinion in State v. Witt that may be one of the most important in recent memory for people facing criminal charges arising out of traffic stops. With a dissent, the total length of the written opinion is 95…