Original article posted by the US Department of Transportation: http://www.fmcsa.dot.gov/rules-regulations/topics/distracted-driving/overview.aspx What You Need to Know New texting and mobile phone restrictions for commercial motor vehicle (CMV) drivers The FMCSA and the Pipeline and Hazardous Materials Safety Administration (PHMSA) have published rules specifically prohibiting interstate truck and bus drivers and drivers who transport placardable quantities…
State v. Sharp, App. Div. New Jersey’s Appellate Division recently agreed with a County prosecutor’s office that prior traffic convictions for Driving while Suspended is a correct reason to deny someone from the county’s PTI program. Mr. Sharp applied for PTI at the county level after he was indicted for driving while suspended after…
Published by New Jersey DWI Lawyer, Jeffrey Hark.https://www.criminalcivillawyer.com/new-jersey-dwi-lawyer/ June 28, 2013, the Appellate Division affirmed the drunk driving conviction where defendant unsuccessfully sought suppression of an Alcohol Influence Report (AIR) because it was submitted after discovery ended. The defendant was appealing his August 12, 2012 conviction for violation of driving while intoxicated (DWI) pursuant to…
July 16, 2013 State v. Headley, App. Div. A-4256-11T2 EFFECTIVE CRIMINAL DEFENSE LEGAL MALPRACTICE MOTION TO SUPPRESS INCULPATORY STATEMENT WITHOUT MIRANDA WARNINGS SHOULD BE SUPPRESSED!! July 12, 2013, the Appellate Division reversed and remanded the trial court and Law Division conviction of Junior A. Headley for possession of burglary tools. On June 28, 2011, the…
14-2-0579 State in the Interests of K.S., App. Div. Docket No. A-0970-11T4 PARENTAL INFLUENCE OF CHILD SEX ASSAULT CASE JEOPARDIZES JUDGE’S DECISION—TAINT– July 9, 2013 the Appellate Division reversed a ruling of child abuse against K.S., 11 years old at the time of the incident, for allegedly causing K.E., a nine year old,…
Published by New Jersey Sex Crime Attorney, Jeffrey Hark In In the Matter of the Civil Commitment of C.H the Court reversed the trial court’s dismissal of a post criminal incarceration petition for civil commitment of C.H. pursuant to the Sexually Violent Predator Act, aka, MAGAN”S LAW. The State petitioned the court…
In State v. Raimondo at the trial level, the defendant was convicted of third-degree terroristic threats, N.J.S.A. 2C:12-3a (count one); fourth-degree possession of an illegal butterfly knife and/or a switchblade, N.J.S.A.2C:39-3e (count two); a fourth-degree certain persons weapons offense, N.J.S.A.2C:39-7a (count three) and petty disorderly persons offense of harassment. The case arises out of a…
Summary of the prescription drug case involving professional license defense. In the recent July 2, 2013 decision in State v. Marcanoby the New Jersey Appellate Division, the Court reversed the trial court’s decision to exclude testimony by a key witness against the defendant, Frances Marcano. On October 26, 2010, Dr. Tadeusz Majchrazak reported to…
Three prong test to determine if Charitable Immunity Act is applicable: 1) the entity is a non-profit; 2) was organized exclusively for religious, charitable or educational purposes; and 3) was promoting such objectives and purposes at the time of the injury. Prong three is further broken down to determine a party is a beneficiary…
Read about the recently passed Overdoes Protection Act and how it may impact you if you have recently been charged with a drug crime in New Jersey. Posted by New Jersey Drug Lawyer, Jeffrey Hark