Steven J. Richardson | September 13, 2009
As I mentioned in a previous post, those seeking to avoid motor vehicle points against their New Jersey licenses by pleading to the “Unsafe Operation” statute (N.J.S.A. 39:4-97.2) could find themselves trapped by an Appellate Court interpretation of it under State v. Patel. That is because that ruling mandated the assessment of four points for [...]
Steven J. Richardson | July 30, 2009
What many people do not realize, even though it is a concept that is throughout our laws in New Jersey, is that a driver’s licenses is a privilege, not a right. Its efficacy is regulated by the state’s Motor Vehicle Commission, which can suspend someone’s license administratively or pursuant to a specific statute calling for [...]
Steven J. Richardson | July 6, 2009
UPDATE (7-15-10): The case that this post discusses was reversed by the New Jersey Supreme Court.
On July 1, the New Jersey Appellate Court issued one of the most amazing opinions I have ever seen! For those of you who don’t know, a person arrested for DWI does not have a 6th amendment right to an [...]
Steven J. Richardson | June 26, 2009
Yesterday, the U.S. Supreme Court in Melendez-Diaz v. Massachusetts ruled in a close, 5-4, decision that laboratory reports related to the testing of drugs at a police laboratory are to be considered as testimonial evidence within the meaning of the Sixth Amendment. In effect, this means that a criminal defendant has the right at trial [...]
Steven J. Richardson | June 11, 2009
In New Jersey, points assigned against your license can cause problems, like increased auto insurance premiums or the suspension of your license if you get too many of them. That is why people try to avoid them. Prior to 2000, drivers given traffic tickets that could result in the assessment of points, speeding, for example, [...]