This was a warrantless automobile search case.  In State v. Carty, the NJ Supreme Court held that a police officer could not ask for consent to search a lawfully stopped vehicle or its occupants unless the officer had a “reasonable and articulable suspicion” that the occupants were engaged in criminal wrongdoing.  In this case, the [...]

You do not have to give outright consent to take a blood test or breath test at the time you are pulled over, at a hospital, or police station for a PA DUI-DAI.  Many people think that if a Pennsylvania police officer wants to invade your body, by insertion of a needle to take your [...]

New PA car accident court ruling appears to be a win for innocent Pennsylvania car accident victims.   As we have mentioned in an earlier blog entry, the PA motor vehicle law provides for “stacked” uninsured and underinsured motorist car insurance coverage.   PA car insurance policies that may be stacked are considered stacked, unless the stacking [...]

This month the National Highway Traffic Safety Administration (NHTSA) released their 2006 Traffic Safety Annual Assessment. Some highlights of the report include the fact that fatal U.S. traffic crashes declined from 2005 by 2% representing the largest decline since 1992.    Fatalities from passenger vehicle accidents, including car accidents and light truck accidents, pedestrian accidents, and [...]

Operation Yellow Jacket is live and well.   What is Operation Yellow Jacket?  Operation Yellow Jacket is a joint effort between the Pennsylvania Department of Transportation (PennDot) and the Pennsylvania State Troopers to stop speeding vehicles on Pennsylvania’s roads and highways.   This practice has been established for several years now. You may be surprised (as I [...]

If both spouses do not choose full tort on their PA auto insurance policies, the full tort spouse may be subject to limited tort in some situations. For example, if a married PA resident has a PA full tort car insurance policy where he or she is the named insured, but this spouse was a [...]

ATTORNEY: What gear were you in at the moment of the impact? WITNESS: Gucci sweats and Reeboks.  ATTORNEY: This myasthenia gravis, does it affect your memory at all? WITNESS: Yes. ATTORNEY: And in what ways does it affect your memory? WITNESS: I forget. ATTORNEY: You forget? Can you give us an example of something you [...]

Yes, usually the deadline that a citizen or police officer, and possibly a judge can issue an NJ traffic ticket against another driver is 30 days after the incident.  There are a few exceptions  (See N.J.S.A. §39:5-3 below).    The NJ Appellate Division just issued new law regarding a case where an NJ traffic violation [...]

I usually see two charges issued when a person is accused of causing some kind of minor disturbance while in a public area in Bucks County, Pennsylvania. Disorderly Conduct is a common offense charged by Bucks County police. PA criminal law states that a person is guilty of disorderly conduct if, with intent to cause [...]

Stacking your PA auto insurance is a good way to gain extra car insurance coverage for a low price.   The Pennsylvania Motor Vehicle Code provides for stacking of underinsured and uninsured car insurance policies. PA law allows an injured person to recover the sum of the limits of coverage for each motor vehicle as to [...]

Effective September 1, 2007, an NJ DUI-DWI defendant will be able to plea bargain away the NJ school zone enhancement for drunk driving in a school zone.   Currently there are severe penalties if a driver gets a NJ DUI-DWI in an NJ school zone.  The penalties for a first offense NJ DUI-DWI in a school [...]

The NJ Appellate Division last week ruled that a flight with a United States Coast Guard helicopter over an NJ home and cornfield was reasonable and acceptable under the NJ Constitution. A Buena, New Jersey man was growing marijuana plants in the middle of his farm in southern New Jersey.   A police informant notified local [...]

As we stated in an earlier blog entry, car bumpers usually sustain crash impacts causing deformity between 8-12 mph.  Sometimes, in a rear end collision where there is no gross deformity of the bumper, there is usually slight damage in the form of paint chipping or a small dent.  This is demonstrative evidence that the [...]

In 2004, there was a car accident in Cherry Hill, NJ involving two Pennsylvania drivers.   A lawsuit for the personal injury case was brought in Philadelphia, PA.    The plaintiff chose full tort on his PA car insurance policy.  In the Philadelphia court, the defendant filed a Summary Judgment motion arguing that the plaintiff should be [...]

Please call your state senator and ask him or her to oppose SB 704 in its current form. You can find the contact information for your senator by going to the Pennsylvania General Assembly Web site: http://www.legis.state.pa.us/. Part of the Governor’s new health care package provides for “Informed Consent Agreements” between assisted living facilities and [...]

The Pennsylvania Motor Vehicle Code §1705 (a) 5 states that: “An owner of a currently registered private passenger motor vehicle who does not have financial responsibility shall be deemed to have chosen the limited tort alternative.”   Therefore, in addition to getting a PA traffic violation for driving while uninsured, which carries serious penalties, if [...]

Many people ask me: Do you think I will be charged with a DUI or a DWI?  Most people don’t know what a DAI is… DUI:  Driving Under the Influence DWI: Driving While Intoxicated DAI: Driving After Imbibing It really depends on what state the traffic ticket was issued.   DUI, DWI, and DAI are all [...]

Just recently, Princeton Insurance Company agreed to pay a $20 million settlement for acting in bad faith.  This was a settlement, not a jury verdict against the PA insurance company. In Bucks County, Pennsylvania, a man was rendered quadriplegic when a car struck him as he directed traffic at a construction site.   The driver of [...]

Landowners and occupiers are responsible for keeping their buildings and grounds reasonably safe for visitors.  Pennsylvania courts have noted that owners of businesses open to the public do not have to guarantee the safety of all customers and business visitors – they are not the “insurers” of the public’s safety.  But a business owner is [...]

Yes!   Last week, the NJ Appellate Division ruled that you could be convicted of a NJ DUI/DWI if you are suffering from a hangover. A car was pulled over in Middle Township, NJ after traveling at a high rate of speed and crossing over the centerline.   The driver’s speech was slurred, his eyes were blood [...]