New Jersey Supreme Court declares that a Guilty plea or Jury Verdict for a second offense of driving while suspended during a DWI period of suspension under NJSA 2C:40-26 required 180 county jail time with NO parole or ‘intermittent’ days to serve the jail time Submitted by New Jersey DWI Lawyer, Jeffrey Hark. State v.…
The key to this case is the excellent development of the circumstantial and attendant facts surrounding the access to the worksite, and its proximity to public access, together with the deposition of numerous construction employees and the safety literature/materials of the company contracted to perform the work. It is an excellent read of the meticulous…
Any person who, at the time of an automobile accident resulting in injuries to that person, is required but fails to maintain medical expense benefits coverage mandated by [N.J.S.A. 39:6A-3.1, -3.3, or -4] shall have no cause of action for recovery of economic recovery. Hurtado v. Wilkins , N.J. Super. App. Div. (Not Approved for…
Must a Criminal Defendant Turn Over Cellphone Passwords? NJ Supreme Court Will Decide In an increasingly technological age, the case is one lawyers are paying close attention to with the Association of Criminal Defense Lawyers of New Jersey listed as an amicus. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Does compelling a criminal defendant…
By SAM SUTTON 05/09/2019 07:31 PM EDT Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark TRENTON — Legislation that would legalize marijuana for recreational use in New Jersey appears to be dead — at least for now. The Democrat-controlled Legislature no longer expects to vote this month on a package of three bills that would…
State v. Jackson, N.J. Super. App. Div. May 9, 2019 (Not Appoved for Publication) Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark Defendant appealed from his conviction on drug and weapons charges. Police had attempted to conduct a traffic stop of a vehicle operated by defendant for failure to wear seatbelts. Defendant led officers on…
Abdalla v. Threegees, N.J. Super. App. Div. (Not Approed for Publication) Plaintiff appealed the dismissal of his slip-and-fall complaint. The court agreed with the motion judge because it was still raining when plaintiff fell and defendant’s reasonable period to treat the sidewalk began at the conclusion of the precipitation. What is a reasonable amount of…
Don v. Edison Car Company, New Jersey Appellate Division May 9, 2019 (Not Approved for Publication) Submitted by New Jersey Civil Lawyer, Jeffrey Hark. We review the denial of a motion for a new trial under the same standard that bound the trial court. Risko v. Thompson Muller Auto. Grp., Inc., 206 N.J. 506, 522…
Don v. Edison Car Company, New Jersey Appellate Division May 9, 2019 (Not Approved for Publication) Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Burden of Proof— We also review a trial court’s evidentiary rulings under a deferential standard. “When a trial court admits or excludes evidence, its determination is ‘entitled to deference absent a…
Don v. Edison Car Company, New Jersey Appellate Division May 9, 2019 (Not Approved for Publication) Submitted by New Jersey Civil Lawyer, Jeffrey Hark. In this case the plaintiff’s attorney asked the court to give the following ‘time unit measurement jury charge based on past and future pain and suffering— (i) LIFE EXPECTANCY (Approved 02/1996)…