In May, 2013, the National Transportation Safety Board recommended that States should reduce the per se blood-alcohol level for DUI from 0.08 to 0.05. It is unknown whether this recommendation will become law in New Jersey. If it does, it will be a far cry from New Jersey's original DUI law. In 1951, the New Jersey [...]
In a criminal prosecution, the State bears the burden of proving beyond a reasonable doubt every element of an offense. In re Winship, 397 U.S. 358, 364 (1970). The due process clauses of the Federal Constitution and the New Jersey Constitution compel this standard. Under the Sixth Amendment, the jury, not the court, determines [...]
On February 19, 2013, the Supreme Court announced its decision in Florida v. Harris, and on March 26, the Court announced its decision in Florida v. Jardines. Both cases involve the use of narcotics detection dogs and the Fourth Amendment. The question in Florida v. Harris was whether a narcotics detection dog’s "alert" constitutes probable [...]
The issuance of a Final Restraining Order or FRO in New Jersey "has serious consequences to the personal and professional lives of those who are found guilty of what the Legislature has characterized as 'a serious crime against society.'" Bresocnik v. Gallegos, 367 N.J. Super. 178, 181 (App. Div. 2004) (quoting N.J.S.A. 2C:25-18). "[F]amilial relationships may [...]
The New Jersey Court's and Legislature have found Domestic Violence to be a serious problem in our society. In an effort to eliminate acts of Domestic Violence and to help victims of Domestic Violence, the Legislature enacted the Prevention of Domestic Violence Act. Sperling v. Teplitsky, 294 N.J. Super. 312, 320 (Ch. Div. 1996) (finding that Legislature, [...]
In New Jersey, is an individual’s juvenile record confidential and/or sealed from disclosure to the public? While the common perception is that juvenile records are 100% confidential and withheld from the public, that is not exactly accurate. The disclosure of juvenile records will depend on the facts, circumstances and ultimate outcome of the juvenile matter. [...]
The fluid legal status of Marijuana use in the United States requires innovation in the law. Two (2) states (Colorado and Washington) have recently passed legislation legalizing the recreational use of marijuana. As of today, Marijuana is legal for medical purposes in eighteen (18) states and in Washington, D.C. That number is continuing to grow. This has created a [...]
On April 17, 2013, the United States Supreme Court decided Missouri v. McNeely, which held that in most circumstances when an individual arrested for DUI refuses to provide consent to provide a blood sample a warrant will be required before police may draw blood from an individual. The holding in Missouri v. McNeely is applicable to all [...]
New Jersey's "implied consent" law requires individuals to take a breath test if they are arrested for suspicion of DUI. New Jersey law requires that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving while intoxicated, then you consent to taking a chemical test of [...]