LICENSE SUSPENSION 05-2-8058 Foehner v. New Jersey Motor Vehicle Commission, App. Div. (per curiam) (5 pp.) Appellant Robert Foehner appeals from the Motor Vehicle Commission’s (MVC) denial of an administrative hearing before imposing a 3,650-day suspension of his driver’s license due to a fourth conviction for an alcohol-related offense. The MVC asserts that appellant was…
Submitted by: Professional License Defense Attorney, Jeffrey Hark. Under New Jersey law, the existence of a settlement does not preclude a defendant from seeking malpractice damages against negligent attorneys involved in or prior to the negations of that settlement. Ziegelheim v. Apollo, 128 N.J. 250, 265 (1992). Indeed, plaintiff need not make efforts to repudiate…
Submitted by: Vehicle Accident Attorney, Jeffrey Hark. In its recent decision in State v. McDonald, A-118-10, N.J. (July 23, 2012), the New Jersey Supreme Court clearly annunciated the standards for determining whether a motor vehicle accident occurred within 1000 feet of a school for the purposes of N.J.S.A. 2C:12-1(c)(3)(a) (the DWI assault by auto statute).…
Submitted by: New Jersey Domestic Violence Lawyer, Jeffrey Hark. State v. Duprey, ___ N.J. Supser. ___, Docket No. A-5469-10T4 (App. Div. August 1, 2012) In a recent decision, the Appellate Division has ruled that testimony given during a domestic violence hearing may be now be used to impeach the credibility of the domestic violence complainant…
Posted by: New Jersey Criminal Lawyer, Jeffery Hark ___________________ Vasiliki Rallatos, Petitioner v. DECISION The ARC of Atlantic County, Respondent, _________________________ BEFORE: HONORABLE CARMINE J. TAGLIALATELLA JUDGE OF COMPENSATION APPEARANCES:Lawrence A. Mintz, EsquireGoldenber, Mackler, Sayegh, Mintz, et. al.1030 Atlantic AvenueAtlantic City, NJ 08401Attorney for the Petitioner Dorothy T. Daly, EsquireChristie, Parabue, Mortenson & Young, P.C.Sentry…
Posted by: New Jersey Criminal Lawyer, Jeffery Hark On July 18, 2012, a new law was approved which dramatically alters the interaction between illegal cell phone use and vehicular homicide prosecutions. Assembly Bill 1074 passed both the New Jersey Assembly and Senate on June 21 and 28 respectfully. This new law creates an inference that…
Submitted by New Jersey Criminal Attorney, Jeffrey Hark. State v. Slater withdrawal of guilty pleas brief I. A defendant’s motion to withdraw a guilty plea should be granted when the balance of the four factors expressed in State v. Slater establish that allowing the plea to stand would manifest injustice. A motion to withdraw a…
Submitted by New Jersey Professional License Defense lawyer, Jeffrey Hark Under Federal law, health care practitioners (including doctors, dentists, etc.) are required to provide certain government entities with information regarding any malpractice judgments or settlements. Under the Health Care Quality Improvement Act, practitioners and other entities (such as health care providers and insurance companies) are…
Submitted by New Jersey Professional License Defense lawyer, Jeffrey Hark As with federal law, the law of New Jersey requires practitioners and other health care entities to make certain disclosures to government agencies regarding medical malpractice settlements. Under the substantive state law of New Jersey, there are several provisions which impact the reporting of settlements…
Published by New Jersey DWI Lawyer, Jeffrey Hark. On June 26, 2012, the Appellate Division delivered an opinion in State v. Palma which redefined the standards which municipal and law division judges must use in determining whether or not to deliver a custodial sentence for careless driving violations. In Palma, the defendant had been driving…