Unfounded Abuse and Neglect Ruling Reversed by NJ Appellate Court

A mother was charged with abuse and neglect after drinking beer and taking Xanax after her children were put to bed for the night. The woman's husband was not the biological father but was present at all times and was able to provide care to the children if needed. There was no showing that the children needed the care of the mother after they were put to bed. The children were regularly left in the care of the woman's husband and there was no threat to their safety when they were in his care. The New Jersey Appellate Court reversed the decision finding the record below inadequate to establish that abuse and neglect occurred or that the children were in danger. If you are facing charges of abuse and neglect or your children have been removed by D.Y.F.S., you should consult an experienced family law attorney immediately in order to protect your rights. For more information on removal, abuse and neglect, D.Y.F.S., custody, divorce, dissolution of civil union or domestic partnership, alimony, child support or other family law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

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.