Archive for July 2010
State v. Moran
In State v. Moran, the New Jersey Supreme Court, for the first time, set forth standards that judges are to use when deciding whether (and how long) to suspend a defendant’s driving privileges under NJSA 39:5-31. This statute authorizes a license suspension for any “willful” violation of Subtitle 1 of Title 39, the state’s motor…
Read MoreState v. Federico: 180 Max Jail time allowed in Municipal Court
In a decision handed down this morning, July 12, 2010, the Appellate Division ruled in State v. Federico that jail terms imposed as a result of multiple traffic ticket convictions arising out of a single incident may not exceed 180 days in municipal court. This case involved a defendant who was convicted of a third…
Read MoreState v. Marquez
In a stunning 4-3 decision, the New Jersey Supreme Court, reversing the state appellate court, ruled this morning in State v. Marquez that a person who has been arrested for drunk driving has the right to be informed of the obligation to submit to a breath test in the language he speaks. In order to…
Read MoreState v. Privott – lifting clothing during a frisk
Yesterday, the New Jersey Supreme Court ruled that the fact that the police have a legitimate basis to frisk a criminal suspect for weapons does not provide the officers with the right to lift the suspect’s clothing for the purpose of recovering evidence. In State v. Privott, a five-justice majority ruled that, “In assessing the…
Read MoreMedicare Secondary Payer Statute
NJ appellate Division recently addressed Medicare Liens for personal injury matters in Jackson v. Time Warner, et als. Following a negotiated settlement plaintiff’s counsel filed a motion witht he law divsion court seeking a court ordered allocation of the settlement proceeds in an attempt to avoid payment of the Medicare lien. The trial court refused…
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