Parents Potentially Liable for Underage Drinking

It is likely you have heard the stories of parents being arrested for providing alcohol or a location for underage drinking to take place. There are many misconceptions as well as doubts that parents should or can be held liable for teenagers drinking together. Regardless of your opinion, New Jersey has laws establishing strict liability and punishments if one would be convicted. Providing alcohol to any persons under twenty-one can carry a punishment under N.J.S.A 2C:33-17a of up to 6 months in jail and as much as $1,000 in fines. Allowing underage drinking to take place on private property carries the same penalty as providing alcohol to minors. Some adults believe that by allowing teenagers to drink under their supervision they are making a responsible decision that could potentially save lives from being lost as a result of the teens driving while intoxicated. While this may be true, adults must also see the potential position of culpability they may be putting themselves in. Whether parents are at home or away while the underage drinking is taking place there is a potential to be held liable for the actions of underage drinkers. Even when simply leaving their children home for a weekend, if parents do not find suitable supervision they may be seen as negligent and therefore liable. Teenagers and their parents can seek damages against adults who permit the teens to drink in the event they incur medical bills, property damage or other forms of pain and suffering. Although in other countries alcohol is viewed differently and children often enjoy wine with meals, that is not the case in our society and the laws do not allow it. Allowing your children to drink can subject you to liability for damages and harm to others as well as having your children removed from your home for negligent parenting. Allowing other underage drinking, even under your supervision, can subject you to criminal penalties. Underage Drinking and allowing underage drinking in NJ will have a serious impact on your life and can have significant implications in related matters such as later personal injury or other criminal charges. If you are charged with underage drinking, providing alcohol to a minor or allowing underage drinking in NJ you should seek an experienced attorney immediately to protect your rights. For more information on DUI, possession of a CDS in a motor vehicle or other serious motor vehicle charges in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

How Likely is Jail in NJ Careless Driving Cases?

Under the NJ careless driving statute (N.J.S.A. 39:4-97), in addition to monetary penalties, offenders can be sentenced to jail. Until now, jail has been a very infrequent consequence of careless driving charges. However, the NJ Supreme Court is considering the criteria for sending careless drivers to jail. State v. Palma involved a driver who hit a pedestrian and dragged her down the road with the vehicle unknowingly. The pedestrian later died from her injuries. An investigation revealed Palma was not intoxicated and was not using a cellular phone while driving. The Judge sentenced Palma to 15 days in jail as a penalty for careless driving in addition to suspending her license. The Court considered the factors in State v. Moran, 202 N.J. 311 (2010) which include the nature of the conduct, the risk of harm, any harm actually caused and the drivers prior record. The Moran principles set forth considerations for suspension in the event of reckless driving and have no bearing on jail terms for careless driving. The NJ Appellate Division held the Moran factors to be acceptable in the determination of whether to impose a jail term for careless driving. The NJ Supreme Court accepted the prosecutor's appeal and is now considering the criteria for sending careless drivers to jail. Depending on the court's decision, jail for careless driver may be a mechanism used by prosecutors to pressure clients into plea agreements which include lengthy suspension or harsher fines in exchange for no jail time. If you are facing careless driving charges, the consequences may be more severe than you think. For more information about careless driving, reckless driving, driving while suspended, DUI, DWI or other motor vehicle charges in New Jersey, visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

DUI Overturned Due To Inappropriate Court Procedure

The facts in this driving under the influence (DUI) matter are that the defendant was stopped for speeding and admitted to the officer he had been drinking. After administering field sobriety tests the officer attempted to handcuff the defendant. Both the officer's testimony and the patrol car video show that the defendant resisted arrest and was wrestled to the ground by multiple officers then pepper sprayed. The defendant was ultimately charged with DUI and also resisting arrest, aggravated assault on a police officer and spitting on a police officer. In NJ Superior Court, the defendant pleaded guilty to the assault charges. Defendant next had to answer to the DUI charges in municipal court and moved to suppress evidence based on his claim the police lacked probable cause to stop him. The Judge, in State v. Gibson, found probable cause for the stop and then relied on the officer's testimony and video from the patrol car to determine the defendant had difficulty with the field sobriety tests in finding probable cause for the arrest. Due to chain of custody issues with the defendant's blood sample, the prosecutor would rely on the video and the officer's testimony at trial and defendant moved to dismiss claiming the State could not prove its case without the blood sample. The Judge heard the defendant and the state as to whether the evidence in the suppression hearing met the state's burden of proof then found the defendant guilty of the DUI. On appeal, the Superior Court Judge found the use of pre-trial evidence to convict was inappropriate but not prejudicial and upheld the conviction. The Appellate Division reversed the decision and ordered a not guilty finding reasoning that a suppression hearing pertains to admissibility of evidence but is not a trial of the matter at which all evidence is presented or at which testimony is offered and cross-examined. Due to the deprivation of due process rights, the defendant prevailed. A conviction for driving while intoxicated or driving under the influence in NJ has serious and lasting effects including the obvious loss of license as well as ramifications in later civil or criminal suits for wrongful death, damages and the like. A DUI, even if a first, can result in lengthy suspensions, fines and even jeopardize your ability to obtain certain professional licenses or other jobs. If you are charged with DUI in NJ, you should contact an experienced driving under the influence defense attorney to protect your rights. For more information about DWI, controlled dangerous substances (CDS) in a motor vehicle, reckless driving or other serious motor vehicle charges in New Jersey visit www.HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

NJ Legislature Proposes Residential Restrictions on Sex Offenders

A newly proposed bill that is currently being sent to the New Jersey State Senate could have a possible impact on sex offenders throughout the state. The bill, named S-570 would give power to municipalities to enact restrictions on where registered sex offenders would be able to reside, excluding them from areas such as kindergartens or parks. At present, municipalities throughout the state of New Jersey are not permitted to enact restrictions on the proximity of sex offenders to certain areas due to the lack of uniformity it may cause from town to town. If the bill being proposed by the Senate Law and Public Safety Committee, uniformity will be taking a back seat to safety. Discussion of restricting the residency and location of sex offenders throughout the state has been taking place since the inception of Megan’s law in 1994. Megan’s law, also known as the Sex Offender Act of 1994 on the national level, was created to require the registration of sex offenders as well as notification of all residents when a sex offender moves into their neighborhood. These laws on both our state and national levels have created a sense of security for many citizens who now feel as though they have more information needed to help keep their children safe from potential danger. Bill S-570 would create the addition to Megan’s law that many residents have been calling for from its inception. If approved, the bill would provide that registered sex offenders be at least five hundred feet away from prescribed locations set by each municipality such as schools, parks and kindergartens. It would be up to each municipality to set boundaries within their town, however the municipality would have to follow the model set out by the state. The bill is currently being sent to the New Jersey State Senate for a vote. A conviction or a plea for sex crimes in NJ will have a serious impact on your life ranging from restrictions on residence, lack of acceptance in society, lack of employment opportunities, incarceration and even permanent confinement to a treatment facility. If you are charged with sexual assault, possession of child pornography, molestation, endangering the welfare of a minor, solicitation of a minor, rape, statutory rape or other sex crimes you should seek an experienced defense attorney immediately to protect your rights. For more information regarding sex crimes or other criminal matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and is not intended to replace the advice of an attorney.

NJ Makes Plans To Curtail Prescription Drug Abuse

New Jersey is planning to slow down prescription drug abuse after a rapid rise in such abuse over the past few years. People, especially teens, have been abusing drugs including Adderall, Ritalin, codeine, methadone, fentanyl, oxycodone, vicodin, Valium, Xanax, Ambien, Lunesta at an ever increasing rate. Although these drugs are beneficial for certain conditions and there is a legitimate need for them, they are addictive and often lead to other drug use, including heroin. With fear for public safety and especially younger generations which seem to have a high percentage of addiction among users, New Jersey is considering methods, including legislation, to monitor the sale of prescription medicine. The ease of obtaining controlled dangerous substances (CDS) from corrupt doctors, phony wellness clinics and organized crime are considered the primary reasons for the rise in use of both heroin and prescription medication in the past few years. The New Jersey State Commission of Investigation has put forward recommendations in order to try and curtail distribution for inappropriate purposes throughout the state. They believe actions such as regulation of prepaid cellular phones, strengthening the state’s prescription drug monitoring system and the formation of a state strike force for drug investigations would greatly decrease the sale of these narcotics to minors. The Commission’s report includes data supporting the premise that the use by minors of prescription medication for recreational purposes often leads to trying heroin which is instantly addicting. Heroin addiction often leads to a substantial criminal history as individuals who cannot keep a job resort to shoplifting, theft, burglary and occasionally robbery in order to obtain funds to support their habit. Another frequent consequence of heroin is fatal overdose. Prescription drug charges in NJ will have a serious impact on your life including inability to obtain certain jobs and social stigma. If you are facing charges of possession or distribution in NJ you should seek an experienced attorney immediately to protect your rights. For more information on possession, distribution, possession of CDS in a motor vehicle or other serious drug charges in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way is it intended to replace to advice of legal counsel.

NJ Considering Removal of Crime History From Job Forms

New Jersey legislators are considering taking out criminal history in job applications throughout the state, which could help many who have convictions for assault, distribution, possession, burglary, shoplifting or other criminal charges. Just last month state legislators proposed a bill that would limit New Jersey employers from asking applicants about their criminal past. Many residents believe that this bill could possibly give an opportunity to previous offenders who do not have many employment options. Meanwhile other residents and employers believe that this bill if approved and implemented could possibly have dangerous criminals capable of doing possible harm to others slip through the cracks. Currently the majority of New Jersey employers inquire about an applicant’s criminal past to try and ensure security within their work place as well as with potential customers. The proposed bill would not override existing laws that require mandatory background checks for certain jobs, such as daycare centers, psychiatric hospitals and law enforcement. There have been several studies done that show that many employers throw away or refuse to give those with a criminal history any consideration for open positions. For some state residents convictions or pleas in their past such as charges for drugs, theft or even underage drinking have affected their ability to obtain consistent employment for actions that happened as long as decades ago. Advocates of the bill believe that many minor offenses that could have happened years ago create an unfair stigma among employers and prevent an equal opportunity among those who are applying. While the bill has not been approved, if implemented it could give thousands a possible first step towards steady employment beginning with a job interview that they would have not been able to get before. Assault and drug charges in NJ will have a serious impact on your life and can have significant implications in related matters such as later personal injury. If you are charged with drug possession or assault in NJ you should seek an experienced attorney immediately to protect your rights. For more information on assault, theft, burglary, shoplifting, possession, distribution, weapons offenses or other criminal matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and is not intended to replace the advice of an attorney in regard to criminal issues.

NJ Overdose Immunity Law

The state of New Jersey has been working in the past months to try and boost the awareness of the Overdose Prevention Act, which could result in less drug charges for users in an effort save many. This past May, the state passed and signed into law the Overdose Prevention Act, which is designed to give immunity to both those who could potentially be overdosing and those who are looking to alert health professionals in order to save their friends. In the past other drug users did not want to involve themselves in the act of calling 911 in order to seek help. For decades those who were at the scene of the drug overdose would be taken into custody for charges of drug use or possession, which kept many from potentially acting to save others lives due to the fear of imprisonment. As a result of consequences to those who report, many users of heroin, cocaine and other controlled dangerous substances (CDS) there have been an unreasonable number of deaths from drug overdoses. Because death is a frequent and tragic consequence of CDS use, this legislation has been enacted to encourage others to seek help when someone’s life could be in jeopardy. The Overdose Protection Act is written to protect both the user potentially overdosing and any others that are alerting the authorities from drug use or possession charges. Just weeks ago New Jersey’s Attorney’s General Office sent out a directive to all law enforcement agencies to remind them to implement the law properly in order for it achieve the results the state wishes. With the new act implemented the state is hoping for a sharp decrease in deaths due to drug overdoses. Possession, distribution or other drug charges in NJ have serious consequences. If you are facing any of these charges you should seek experienced legal counsel immediately to protect your rights. For more information on possession, distribution, prescription drug charges, CDS in a motor vehicle or other drug charges in New Jersey visit HeatherDarlingLawyer.com this blog is for informational purposes only and not intended to replace the advice of legal counsel.

Sleeping it Off In Your Car Can Lead to DUI and Drug Charges

Happy 4th of July! Here's a tip for those celebrating with alcohol: If the police find you sleeping it off in your car, you will be charged with DUI! Many people believe that in order to be charged with Driving Under the Influence, you must be in the driver's seat with the car in motion on a public road. This is far from true! The police can charge you with Driving While Intoxicated based on presumptive operation, either you were going to drive the car while intoxicated or you drove the car to the place they found you then decided to stop and sleep it off. Presumptive operation can be based on a vehicle being parked across multiple spaces as if the driver was impaired, being the only one in the vehicle with no other possible driver, approaching your car with keys on your person, starting the car to stay warm in the winter and a host of other surprising reasons. As an example, on July 3rd, 2013 a fifty-three year old Bayonne resident was found sleeping behind the wheel of his automobile in a Quick Check paring lot. When asked by the police officer to step out of the car the man dropped a small package of an unknown substance, which was later found to be heroin. The man was charged with both possession of a Controlled Dangerous Substance (CDS) in a Motor Vehicle, as well as DUI. Under New Jersey law the definition of operating a vehicle is extremely broad to include more than simply driving that automobile, as many residents think. Dating back almost fifty years the courts have made monumental decisions in the matters of sleeping intoxicated drivers behind the wheel of a car, such as State v. Baumgartner, 21 N.J. Super. 348 (App. Div. 1952). That case made it clear that when an operator of a vehicle is found sleeping behind the wheel there are a number of situations that can result in a DUI charge of the driver. As in Baumgatrner, this Bayonne man was charged with a DUI due to the fact that he was found in a parking lot, one in which he stated was not in earlier. The man had a blood alcohol content (BAC) over the legal limit and it was then deduced, not observed, that the man had driven to that location under the influence of alcohol. DUI/DWI in NJ will have a serious impact on your life and can have significant implications in related matters such as later personal injury or vehicular manslaughter charges. If you are charged with DUI in NJ you should seek an experienced attorney immediately to protect your rights. For more information on driving under the influence, reckless driving or other serious municipal court/traffic 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. Be safe this 4th of July and if you drink, don't drive! DUI, DWI, Driving while intoxicated, driving under the influence, drug charges, CDS, CDS in a motor vehicle, Controlled dangerous substance, alcotest, BAC, blood alcohol content