Alcotester 7110 Ruled Scientifically Reliable

September 19, 2013 |

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…

The New Jersey Alcotest and Women Over 60 Years Old

September 18, 2013 |

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…

New Jersey's New Conditional Dismissal Law A-3598

September 11, 2013 |

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,…

Three Exceptions to Non-Profit Immunity Statutes

September 4, 2013 |

Discovery Rule does Not Excuse Violation of the Two-Year Statute of Limitations

September 4, 2013 |

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…

Selecting Expert Witnesses

August 30, 2013 |

TORTS 36-2-1092 Walker v. Torres, App. Div. (per curiam) (14 pp.) After a jury verdict of a no cause of action in this auto negligence case in which plaintiff settled with the tortfeasor and then proceeded against her under-insured motorist carrier, plaintiff appeals from two evidentiary rulings made by the trial judge, contending the judge…

Heightened Attention from Police – State v. Moss, A-1080-11T2 (App. Div.)

August 28, 2013 |

State v. Moss, A-1080-11T2 (App. Div.) On March 21, 2013, the Appellate Division affirmed the denial of the defendant’s suppression motion. On May 9, 2009, police were traveling in an unmarked car in an area of high crime and narcotic activity. The officers were wearing the modified uniform consisting of jeans, a t-shirt with police…

Warrantless Seizure and Reversed Conviction – State v. Williams A-2486-11T2 (App. Div)

August 26, 2013 |

State v. Williams A-2486-11T2 (App. Div) On April 3, 2013, the Appellate Division reversed the conviction of the defendant, Jarrell Williams for second-degree unlawful possession of a weapon, contrary to N.J.S.A. 2C:39-5b. Defendant was charged with possession of a handgun after police performed a motor vehicle stop and found the handgun on the floor of…

Improper Ex-Parte Conduct Results in a Reversal – State v. Shaffona Morgan (A-119-11)

August 23, 2013 |

State v. Shaffona Morgan (A-119-11) On August 8, 2013 the New Jersey Supreme Court affirmed the conviction of Shaffona Morgon for second-degree aggravated assault, fourth-degree aggravated assault and possession of a handgun for an unlawful purpose. On November 24, 2005, the defendant had an altercation with deli store owners after she purchased a Boost Mobile…

Police Need Warrant For Cell Phone Data – State v. Thomas W. Earls (A-53-11) NJ Supreme Court

August 21, 2013 |

State v. Thomas W. Earls (A-53-11) NJ Supreme Court On July 18, 2013 the New Jersey Supreme Court reversed the conviction of Thomas W. Earls because police needed a warrant to obtain his location via his cell phone. On January 26, 2006, the police filed a complaint against the defendant for receiving stolen property and…