NJ Assembly Looks to Criminalize DUI With Young Passengers

Currently pending in the New Jersey Assembly is a which would result in criminal penalties for driving under the influence with a person under 17 in the vehicle. Driving under the influence includes liquor, heroin, cocaine, marijuana, oxycodone (oxycottin), percoset, Escasty, methamphetamines, morphiene, xanax, vicodin, percodon, fentanyl, adderall, nembutal, ritalin, dexedrine, valium, suboxone, diazepam, roxycontin, or any narcotic, hallucinogenic or other controlled dangerous substance. This means if you are taking your own prescription and a police officer finds your driving abilities to be hindered beyond an acceptable level by your prescription, you may be not only charged with a DUI but also face criminal penalties. If this legislation is passed, the DUI statute N.J.S.A. 39:4-50 would be modified to include a person guilty of DWI with a passenger 17 years of age or younger in the car is also guilty of a crime of the fourth degree if the violation does not result in bodily injury to the minor. If the minor suffers bodily injury as a result of the driving while under the influence offense, the driver will be guilty of a crime of the third degree. In addition to the above charges the driver will be required to attend an additional Intoxicated Driver Resource Center program concerning responsible operation of a motor vehicle while transporting a minor. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are facing DUI charges, you should consult an experienced DUI attorney immediately in order to protect your rights. For more information on DUI, drug charges, other criminal law matters or traffic violations in New Jersey visit HeatherDarlingLawyer.com.

Rights of Unmarried and Same-Sex Parents in NJ

Applicable to both heterosexual and same-sex partners, a recent NJ court decision offers hope to the Parent of Alternate Residence (PAR) when it comes to parenting time. Often the Parent of Primary Residence (PPR) will make it difficult for the other parent to see the children. In the case of unmarried heterosexual couples parenting time issues are frequently more difficult for fathers than for fathers in relationships where the child was born during wedlock. For same-sex couples in which the child is born prior to a civil union, or there simply is no civil union, and the non-biological parent does not have opportunity to adopt prior to the dissolution of the relationship, parenting time issues can become even more difficult. In both cases, there is hardship due to certain long-time presumptions by the courts about children being born to a married mother who stayed at home and raised those children and father who worked to support the wife and children which have not yet changed to meet the diverse relationships that now exist. Even in the case of dissolution of marriage, the father who worked to support the family and finds himself divorced often finds the other party withholding or denying parenting time. In the case of Ewing v. Hart, the NJ Appellate Court held that (1) a mother who moved to Florida with the children and denied summer and holiday visitation time to the father was in contempt of court; (2) charged the mother with custodial interference and signaled she may be required to return the children to NJ if the mother did not cease her interference with the father's parenting time; and (3) permitted the father to file a motion for a change in custody in the event the mother continued to deny the father parenting time as ordered. Although the mother and father were never married, the court refused to take a prejudicial position against the father. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are involved in a dispute regarding child custody or parenting time, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on dissolution of a marriage, civil union or domestic partnership, child custody or other family law matters in New Jersey visit HeatherDarlingLawyer.com.

Undoing an Emancipation in NJ

In New Jersey, an emancipation may be reversed on certain grounds. One is a previously emancipated child becoming seriously disabled prior to attaining the age of majority. Another, discussed here, is a child returning to college on a full-time basis. In Azimi v. McVeigh-Azimi, a child was fully emancipated by the Order of Passaic County Judge Ronny Jo Siegal. In October 2010 the child was declared emancipated without objection from the mother. On January 21, 2011, Judge Siegal declared the child unemancipated citing evidence presented by the mother the child was then attending college full time. The mother was seeking reinstatement of child support with an increase, health and life insurance and college tuition. On appeal, the Court held a hearing should be conducted considering certain factors including the reasonableness of the child's expectation for higher education paid for by the parents, the parent's ability to pay; the financial resources of the child; commitment by the child to the education sought and the child's relationship to the paying parent. In the event the weight of this evidence supports the Court's findings, a previously emancipated child may be unemancipated. For more information on emancipation or other family law issues visit HeatherDarlingLawyer.com.

Consent to Search Must be Knowing and Voluntary

In New Jersey, consent to search is a long-established exception to the requirement that police obtain a search warrant prior to entering a residence with the purpose of searching for contraband or evidence of a crime. A critical component of consent is knowledge of the right to refuse consent. Three other critical component required to render a consent search valid are 1) defendant's right to be present during the search; 2) notification to defendant by police of defendant's right to limit the scope of the search and; 3) defendant's notification by police of his right to withdraw consent at any time during the search. If you volunteer information about contraband or evidence of a crime without them asking you waive your rights to the constitutional protections afforded to you and eliminate the requirement that police obtain a warrant. If police suggest to you that they will be seeking a search warrant, they are essentially seeking your consent to search without advising your of your rights to refuse, be present or stop the search at any time. Additionally, if they ask how to enter into a structure or object they are seeking consent to enter place or look inside the item without advising you of your rights. Finally, if you are secured in an area where you may not see the search in order to insure it is limited to the areas you consented to, or you are not in proximity to advise them to stop the search, your rights are being violated. Any search which violates your rights is illegal under the constitution and evidence obtained from such a search is subject to suppression. In the event you are charged with a crime in which you believe an illegal search occurred you should seek an experienced criminal law attorney immediately to insure your rights are protected. For more information on search and seizure or other criminal law matters in NJ visit HeatherDarlingLawyer.com.

Gestational-Surrogacy Contract Terms Receive Assembly Approval in NJ

Gestational-surrogacy is a non-traditional situation in which a woman agrees to bear a child for another but her own egg is not used therefore she is unrelated to the child she carries. The bill has now been approved by the senate and assembly but has not yet been signed by Governor Chris Christie. The agreement permits those who are married, in civil unions domestic partnerships, as well as single people to enter into contracts as intended parents or gestational carriers. The requirements are that all parties sign the contract, the intended parents agree to pay for the gestational carrier's medical expenses during pregnancy, the gestational carrier is permitted to select the physician she will see throughout the pregnancy, the carrier agrees to surrender custody immediately upon delivery of the baby, the intended parents agree to be financially responsible for the child and the intended parents pay the gestational carrier's reasonable expenses associated with completing the arrangement. The intent of the legislation is to insure all interested parties, including the spouse of the gestational carrier, have a full understanding of their rights and responsibilities under the contract and in relation to the child upon birth. This legislation should serve as a preventative measure against custody battles which often arise between a surrogate mother and the biological parent or parents. For more information on custody, child support and other family law matters in New Jersey visit HeatherDarlingLawyer.com.

Domestic Violence Affects Your Ability to Go Home in NJ

In New Jersey, domestic violence applies to current or past spouses, in-laws and even unmarried co-habitants living within a household, children, parents, siblings, in as well as anyone with whom you have an existing or, in some cases, past relationship. Domestic violence charges may stem from assault, terroristic threats or harassment. If found guilty of domestic violence the penalties can include jail or prison, a criminal record potential employers will see, mandatory anger management classes, inability to own or possess a firearm and the requirement that you stay away from your home and family. Under NJ law, if you are found guilty of domestic violence, you may be barred from your own residence, even if you are the exclusive owner of the residence. What this means is you will find yourself making a mortgage payment to maintain your spouse or significant other in your own residence when you are barred from re-entry. The requirement to maintain the individual in your home can continue for an extended period, especially in the event of domestic violence against a spouse where it may continue beyond a final judgment of divorce until your children graduate from high school or college. If you are the subject of a domestic violence complaint in NJ, you should seek an experienced criminal law attorney immediately in order to protect your rights and your future. For more information on domestic violence, family or criminal law matters in NJ visit HeatherDarlingLawyer.com.

Lack of Fairness for NJ Fathers

In a recent case, DYFS failed to make a finding of abuse and neglect against a mother who left children with relatives for 3 days, had 2 positive marijuana screens within a week and was temporarily homeless. Although termination of this woman's rights would result in the 3 year old child becoming a ward of the State's foster care system rather than simply having custody turned over to a fit parent, the underlying lesson is the strength of the mother's right to parent. Contrast the above situation, where courts routinely find seemingly unfit mothers fit while fathers are frequently disgruntled with judges decisions denying them reasonable custody and parenting time. Fathers find, after enjoying parenting time on an equal or greater basis with a spouse for years, divorce renders them unable to enjoy parenting time with their children more than every other weekend and one night a week for a short dinner before returning the children for homework and bathing as if the father never helped with homework or bathed the children. These same dads often turn to the internet during the course of their divorce matter as they are handed settlement agreements, meet with parenting coordinators and the like which repeatedly advise them of how infrequently they will see their children. Internet searches typically lead them to hundreds of stories just like theirs- dads showing no signs of unfitness to parent being stripped of their rights to parent by an antiquated system. The current custody and parenting statutes in New Jersey do not favor gender. Men and women have less disparity between earnings, with the woman sometimes earning more. Men often spend an equal or greater amount of time parenting the children. Geographical proximity, parent's employment responsibilities and continuity of the children's education are often equal or the balance swings toward the father. Why then do father's so often find themselves working 2 jobs to pay child support to a former spouse who has battled to prevent them from seeing their children? For more information on child custody, parenting time, support, post-judgment modification, divorce, civil union dissolution, alimony, domestic violence and other family law matters in New Jersey visit HeatherDarlingLawyer.com.

Changes in NJ Manslaughter Penalties

The Assembly Judiciary Committee has approved changes in the penalty for "heat of passion" manslaughter. If this bill becomes a law, homicide in the heat of passion would be upgraded from a second-degree offense to a first-degree offense. Although the judge would have discretion to sentence those convicted as second-degree offenders, this would pose a serious change in consequences to those convicted of homicide in the heat of passion. If this bill becomes a law, the penalty for those convicted under this offense would increase from a prison sentence of 5-10 years to 10 to 30 years and the fine would increase from a $150,000 maximum to a $200,000 maximum. If you are facing homicide charges, you should consult an experienced criminal defense attorney immediately in order to protect your rights. For more information on homicide, heat of passion manslaughter or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com.

Texting and Driving in New Jersey

On June 28, 2012, the New Jersey Legislature approval to a bill which permits full prosecution of drivers who drive recklessly and cause serious harm or death while texting. The only thing standing between this remaining legislation and becoming law is the signature of NJ Governor Chris Christie. Those who cause serious crashes while texting would be prosecuted under criminal homicide or assault-by-vehicle laws. This legislation brings texting and driving penalties to the level penalties faced by those guilty of driving under the influence. There would be an automatic presumption of reckless driving in the event a serious accident occurs while the driver is using a cell phone without a hands-free device. Penalties include imprisonment and fines up to $150,000. In the event of a moving violation without a serious accident, violators would be guilty of reckless driving. The current $100 fine would be increased to $200 for a 1st offense, $400 for a 2nd offense and $600 for a3rd or subsequent offenses. Additionally, 3rd and subsequent offenders would receive 3 points on their driver's license and up to 90 days suspension. Commercial drivers would face a fine of $250 for use of a cell phone without a hands-free device. These penalties also apply to drivers of boats. For more information on NJ driving penalties or other criminal or municipal court matters visit HeatherDarlingLawyer.com.