Celebrate Wisely

The Darling Law Firm wishes you a Happy New Year! We would like to remind you to celebrate responsibly tonight. If you are driving, there will be others on the road who may have been celebrating less responsibly than you so please drive defensively. Also, remember that it only takes 2 drinks to put you over the legal limit in New Jersey and the police will be looking for those who may be driving under the influence tonight. Although you may stop drinking after the champagne toast at midnight, your blood alcohol level (BAC) only decreases by only .015% per hour while one standard drink, defined as one 12-ounce beer, one five-ounce glass of wine, and one 1.5-ounce shot of distilled spirits, will add .05% to your BAC each hour. This means that it will take much longer for your BAC to decrease than to increase. As it is difficult to tell when you have had too many, driving after consuming alcohol should be avoided. Please be safe so that you and your loved ones can enjoy a Happy New Year! DarlingFirm.com

Speedy Trial Still the Rule in NJ?

A driver was stopped for speeding in Lincoln Park, New Jersey and charged with DUI as a result of the stop. In an effort to challenge the officer's probable cause to initiate the stop, the defendant sought discovery regarding the Stalker Dual SL model radar detection device used by the officer to determine his speed. After being convicted in the Lincoln Park Municipal Court, defendant sought a trial de novo and in the Morris County Superior Court, Law Division, Judge Philip J. Maenza found the defendant guilty of DUI and speeding. Defendant sought review by the Appellate Division under claim of violation of his right to a speedy trial. The Sixth Amendment of the US Constitution guarantees the right to a speedy trial which attaches at the time of arrest. In the case at hand, State v. Vanderkooy, the Appellate Division looked to the prior decision in State v. Szima, in which the New Jersey Supreme Court recognized the 4 factors, previously set forth by the US Supreme Court, as determinants of a speedy trial violation. The 4 factors are the length of delay, whether defendant asserted his right to a speedy trial and the prejudice, if any, caused to defendant by the delay. In the case at hand, much delay was caused by the need to establish the reliability of the radar detection device and neither party was to blame nor substantially prejudiced by the delay. If you are charged with a criminal or serious traffic offense you should contact an attorney immediately to protect your rights. For more information on your right to a speedy trial when facing criminal charges or serious traffic charges including Driving Under the Influence 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.

Traffic Law Violations Expanded To Criminal Liability in NJ

The NJ Appellate Court upheld the decision of Sussex County Superior Court Judge N. Peter Conforti in finding violating seatbelt laws can result in criminal liability . The application of a statute designed to protect the general public safety has been used only sparingly by prosecutors since it was enacted in 1997. In the matter involved, State v. Lenihan, an 18 year old driver was found to be operating a vehicle after "huffing"- inhaling propellant as from an aerosol can with the purpose of becoming intoxicated. The driver lost control if the vehicle and the 16 year old passenger was killed in the ensuing crash. the resultant police investigation revealed the passenger was not wearing a seatbelt. When an individual acts recklessly and injures another while violating a law intended to protect the public safety they are guilty of a crime. The act of driving under the influence likely caused the accident and the failure to wear a seatbelt was a compounding factor in the death of the passenger. Under circumstances such as these, public policy favors a broad reading of legislative intent to mete out punishment and deter others from committing similar acts. Although normally viewed as a simple traffic offense, failure to wear a seatbelt was read by the Court to permit additional charges to be levied against the defendant. 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 accused of criminal offense, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on traffic offenses, municipal court matters or criminal law matters in New Jersey visit HeatherDarlingLawyer.com.

Conditional Dismissal May Be Expanding in a NJ Municipal Court By You

Conditional Discharge and Pre-Trial Intervention (PTI) permit first time offenders, in Municipal and Superior Court respectively, to undergo a period of probation rather than face the typical penalties for the crime committed. In the event they successfully complete the probationary period, the crime will not appear as part of their record. If they fail to complete probation successfully the underlying charges are simply reinstated and they will be sentenced to the appropriate penalties. Municipal Courts allow Conditional Discharge for certain first event drug related offenses and Superior Courts allow Pre-Trial Intervention for a variety of offenses for first time offenders. The unfair result for certain offenders in municipal court is they are subject to harsher penalties than those committing more serious offenses. The Conditional Dismissal program under consideration would permit defendants charged with disorderly or petty disorderly persons offenses the opportunity to avoid a criminal record. Conditional Discharge and Pre-Trial Intervention are good choices for some offenders but not for all. Your best choice is always to seek experienced legal counsel if facing criminal charges in Superior or Municipal Court. For more information on criminal law in New Jersey visit HeatherDarlingLawyer.com