Archive for September 2013
State v. Salladino: Impact on New Jersey Criminal Law and Admission of Evidence
14-2-1436 State v. Salladino, App. Div. (per curiam) (13 pp.) On today’s date the New Jersey Appellate Division ruled that under the totality of the circumstances the seizure of the “hard bulge” from somewhere on defendant’s person exceeded the permissible scope of a Terry search for weapons and was thus unlawful. The appellate panel agrees…
Read MoreNew Jersey Law Would Require Blood Testing For Drugs, Without Probable Cause, After Fatal Accidents
Originally published here, by Mary Pat Gallagher – New Jersey Law Journal A bill in the New Jersey Legislature would subject drivers involved in fatal accidents to mandatory blood testing for drugs, without the need of police to show probable cause. Current N.J. law deems drivers to have given their consent to provide blood samples…
Read MoreAlcotester 7110 Ruled Scientifically Reliable
The Supreme Court of New Jersey has denied defense attorney’s efforts to invalidate the ALCOTESTER 7110 breath test machine used by all police departments in New Jersey. Today the Court issued an Order stating that the 7110 machine remains scientifically reliable’ ruling that defendants failed to demonstrate that the State “willfully refused” to comply with…
Read MoreThe New Jersey Alcotest and Women Over 60 Years Old
Determining the suitability of the Alcotest in New Jersey and its efficacy in determining blood alcohol content (BAC) in driving under the influence. Submitted by Jeffrey Hark, New Jersey DWI lawyer. STATE OF NEW JERSEY, Plaintiff, v. JANE H. CHUN, ET AL., Defendants This Court having previously issued its unanimous opinion addressing the challenges raised…
Read MoreNew Jersey's New Conditional Dismissal Law A-3598
Originally published by the New Jersey State Legislature (Bill A-3598) here. Republished by Jeffery Hark To download the official document in PDF form, click here. ASSEMBLY, No. 3598 STATE OF NEW JERSEY 215th LEGISLATURE INTRODUCED DECEMBER 13, 2012 Sponsored by: Assemblyman REED GUSCIORA District 15 (Hunterdon and Mercer) Assemblyman JON M. BRAMNICK District 21 (Morris,…
Read MoreThree Exceptions to Non-Profit Immunity Statutes
Discovery Rule does Not Excuse Violation of the Two-Year Statute of Limitations
36-2-1081 Zurich American Insurance Company v. Abbud, App. Div. (per curiam) (13 pp.) The appellate panel affirms, finding the discovery rule inapplicable. It is clear that on August 19, 2005, the facts known to plaintiff were sufficient to start the statute of limitations running. Because plaintiff knew that Bill had been injured, and knew the…
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