Archive for November 2013
New Jersey DWI Case – ALCOTEST Results, Physical Condition and Officer Testimony: Honesty and Officer Credibility
State v. Kuropchack: On March 18, 2013 the New Jersey Appellate Division issued its opinion in this case. Defendant Julie Kuropchak was convicted in the Garfield Municipal Court of driving while intoxicated (DWI), N.J.S.A. 39:4-50. Following a trial de novo in the Law Division, she was again found guilty. As a third time offender, defendant was…
Read MoreTelephonic Requests for Search Warrants for Blood Tests in Driving While Intoxicated (DWI) Cases
On April 17, 2013 I wrote about the recent US Supreme Court’s Opinion in McNeeley vs. Missouri where the Court found that dissipation of blood alcohol no longer constituted exigent circumstances as a means to bypass the ‘warrant requirement ‘ prior to a blood draw at a hospital. The Court further ruled that each case…
Read MoreAdmission of Expert Opinion Regarding "Non-Economic Damages" "Value of Life" Damages
Case summary provided by New Jersey attorney, Jeffrey Hark Johnson vs. Redd, Trial Court Hudson County NJ, L-855-11 In this trial court decision, the court reviews the ability of a party to submit evidence to the jury regarding the pain and suffering value of life based on several different methods of calculations. The trial court…
Read MoreSlip and Fall – Plaintiff's Responsibility to Produce Evidence of the Actual Location
Trompeter v. Hilton Parsippany, Dist. Ct. In a recent line of cases the New Jersey Appellate has reiterated and reaffirmed the plaintiff’s responsibility to produce evidence of the actual location where s/he has called and the nature of the defect that has called them to call. In addition, if expert testimony is required to prove the causal relationship between the defective condition, the defendant’s…
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