Posted by Carmine R. Villani | Feb 24, 2015 |
It is a well-known fact that DWI offenders are not entitled to a trial by jury in New Jersey. New Jersey DWI laws have not allowed jury trials in 25 years. So when the NJ Supreme Court agreed to hear the appeal of four-time DWI offender James Denelsbeck, who is facing a minimum sentence of 180 da...
Posted by Carmine R. Villani | Jan 28, 2015 |
A proposed bill would change the way in which DWIs are handled in the state of New Jersey. The bill (A-1368) would shorten the length of time for diver's license suspensions for first-time DWI convictions with a blood alcohol concentration level below .15 to just 10 days. On the other hand, the b...
Posted by Vincent C. DeLuca | Jan 27, 2015 |
The media would have you believe that half of all marriages end in divorce, and that the state of marriages is a bleak one for Americans. But, this is a misconception. The truth is that marriages in the United States have never been stronger. New divorce statistics show that the divorce r...
Posted by Vincent C. DeLuca | Jan 27, 2015 |
The court must consider several factors when calculating the amount of child support someone must pay each month to the child's custodial parent such as the income of the defendant, income of the custodian and, most importantly, the needs of the child. When someone is required to pay child suppor...
Posted by Carmine R. Villani | Jan 24, 2015 |
A NJ personal injury lawyer can make a big difference in your life if you have been injured because of the negligence of another party. Injuries can occur at any time in any setting, and when they do occur, it is important to explore your options. Serious injuries can incur expensive hospital bil...
Posted by Vincent C. DeLuca | Jan 23, 2015 |
According to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17, a victim of domestic violence can seek and maintain confidentiality of his or her whereabouts in regard to the abuser. This right is confirmed when the abuser is handed a final restraining order (FRO) by the NJ family law co...
Posted by Carmine R. Villani | Jan 16, 2015 |
When you go out on the weekends with your friends, it is always important to have a plan of action to get home. Of course a designated driver is always the best way to avoid DWI charges, but this is not always an option. There are plenty of other options, like walking home for instance. But, it's...
Posted by Carmine R. Villani | Jan 15, 2015 |
Many drivers in New Jersey have been guilty of going outside to an ice-covered vehicle on a freezing-cold winter morning and quickly chipping just enough ice off the windshield to see through … then they drive away. We've all seen these “peephole” drivers … those who drive (dangerously) down the ...
Posted by Carmine R. Villani | Jan 14, 2015 |
New Jersey winters bring snow and ice, which make sidewalks, parking lots and outdoor stairs slippery (and dangerous). These icy and snowy conditions are among the leading causes of slip and fall accidents in NJ. Slippery surfaces can be hazardous for pedestrians, especially if the hazardous cond...
Posted by Carmine R. Villani | Jan 13, 2015 |
Slip and fall accidents are a common cause of NJ personal injury. But these accidents can sometime be fraud (3% according the National Floor Safety Institute). Just recently in the news, a Perth Amboy man was indicted for faking an accident at the car dealership where he worked in order to get th...
Posted by Carmine R. Villani | Jan 10, 2015 |
In December, the U.S. Supreme Court ruled (8-1 decision) that a police officer may stop a vehicle based on a misunderstanding of the law without violating the Fourth Amendment.
Heien v. North Carolina
The case, Heien v. North Carolina, No. 13-604, concerned a man who was pulled over by a police o...
Posted by Carmine R. Villani | Jan 08, 2015 |
Personal injury cases in New Jersey can take strange turns at times. Yet even if you hit a roadblock while pursuing compensation for an injury, there are always options available to you. An experienced NJ personal injury lawyer can walk you through the process and help you get what you deserve ev...
Posted by Carmine R. Villani | Dec 30, 2014 |
A bill has been passed by the New Jersey Assembly that is designed to limit third-party access to event data recorders, or, as they are sometimes called, “black boxes” in order to protect the rights of car owners. The State Assembly passed bill A3579 unanimously (68-0) on Dec. 18, 2014.
Bill A357...
Posted by Carmine R. Villani | Dec 29, 2014 |
An important decision was made earlier this month on the issue of repeat DWI offenders on the “step down” rule (N.J.S.A. 39:4-50(a)(3)). The New Jersey Supreme Court has ruled that drunken drivers charged with multiple offenses may use a “step-down” provision in the state's drunken driving statut...
Posted by Carmine R. Villani | Dec 27, 2014 |
With the rise of services like Apple Pay and Google Wallet, smartphones could soon replace the traditional wallet. Soon, a full force digital wallet could become a reality with New Jersey's hope to implement digital driver's licenses. State Senator Thomas Kean Jr., is set to propose a bill reques...
Posted by Carmine R. Villani | Dec 27, 2014 |
“Driving is a privilege, not a right.” If you are convicted of a moving violation, the State of New Jersey Motor Vehicle Commission will penalize you by adding points to your driving record. You will only get points on your record for moving violations – points are not assessed for parking and ot...
Posted by Carmine R. Villani | Dec 26, 2014 |
NJ personal injury claims can get complicated and be easily dismissed without qualified legal guidance. One suit was recently overturned in an appeals court based on an inability to prove that the defendant should be held responsible for an injury that occurred at a high school baseball game.
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Posted by Carmine R. Villani | Dec 26, 2014 |
The New Jersey Supreme Court has ruled that defendants convicted of multiple DWIs may use the “step-down” provision more than once in order to reduce a prison term. However, the step-down provision is only permissible if 10 years have passed since the previous DWI conviction.
What is the ‘Step-Do...
Posted by Carmine R. Villani | Dec 24, 2014 |
Uber drivers and drivers of other similar cab companies like Lift may soon be required to carry more insurance in New Jersey. Currently, these drivers do not have to carry a policy that covers the typical $1.5 million in liabilities that is required of other commercial drivers. Many Uber drivers ...
Posted by Carmine R. Villani | Dec 23, 2014 |
Communication between spouses may not be used as evidence in court during criminal investigation. Spousal privilege is an important right that protects people's marriages from being exposed in court. However, the New Jersey Assembly passed a new bill on Dec. 15 that would allow for an exception t...
Posted by Carmine R. Villani | Dec 15, 2014 |
A 2013 ruling by the U.S. Supreme Court (Missouri v. McNeely) stated that police officers should obtain a warrant before administering a urine or blood test on DUI suspects. The New Jersey Supreme Court is now considering whether this ruling should retroactively apply to two cases in which blood ...
Posted by Carmine R. Villani | Dec 14, 2014 |
New Jersey's Charitable Immunity Act protects certain organizations from liability for injuries such as slip and fall. But, one woman who was injured after slipping and falling at a free eye screening, sponsored by the New Jersey Commission for the Blind and Visually Impaired, is suing the hospit...
Posted by Carmine R. Villani | Dec 13, 2014 |
Arrested? Were You Read Your Rights?
Many who have faced arrest often argue that they were not “read their rights” when they were in custody. These “rights” are called Miranda Rights. At the time you are placed under arrest, the officer must read you your Miranda rights, or right to remain silent...
Posted by Vincent C. DeLuca | Dec 12, 2014 |
New Year's Resolution
January is reportedly the most popular time of year to file for divorce. And rumor has it that January is ominously nicknamed “Divorce Month”. The end of the year brings reflections and the focus on upcoming resolutions. The holidays also bring on a time of high emotions; if...
Posted by Carmine R. Villani | Dec 11, 2014 |
The DUI prevention campaign Drive Sober or Get Pulled Over was launched in 1999 as a national campaign, and it has been running in all 50 states ever since. The campaign is back in New Jersey this winter as a way of preventing drunk driving deaths during the holiday season. This most recent campa...