Now YOUR E-Z Pass records can be used against you in a New Jersey court.  Just recently, an NJ Appellate court ruled that E-ZPass records are now admissible in court. It has been reported that this is the first court in New Jersey to ever rule on the admissibility of E-ZPass records. In this case, the E-ZPass records were used to prove the whereabouts of someone charged with domestic abuse.  

Can your E-ZPass records be used to prove that you were speeding on a certain day?  Could your records be used to prove that you have a habit of speeding which may have led to your car accident?  Could your E-Z Pass records be used to prove that you were committing a crime or cheating on your spouse? 

Be careful! E-Z Pass or its equivalent is here to stay, much like your cell phone records and your internet history. It is hard to hide in today’s world.  There are cameras everywhere.  

I am wondering when my next case will involve the use of E-ZPass records.  It’s kind of scary.  What do you think?

“Buckle up – It’s the Law”.  “Maintain Safe Speed”. “Arrive Alive”.  We have all read the neon road signs and heard the public service announcements but should not become numb to the message.  As we approach this heavily traveled Memorial Day Weekend, remember to practice safe and defensive driving in order to avoid the tragedy of a PA car accident, pedestrian accident, Pennsylvania motorcycle accident, or PA bicycle accident. 

The Click It or Ticket effort, which refers to mandatory seatbelt use, runs from May 24 thru June 13.  In case you are unclear as to Pennsylvania’s seatbelt law, it is a secondary offense, meaning that you would initially be pulled over for another reason, such as a traffic violation, and cannot be pulled over solely for not wearing a seatbelt.  All front seat passengers are required to be buckled up.  A ticket issued for failure to wear a seatbelt can result in a fine of $60 – on top of the fine for the offense in which you were pulled over.  In addition, children between the ages of 4 – 8 must be restrained in a booster seat in any motor vehicle and children ages 8 – 18 must wear a seatbelt when riding in a motor vehicle.  Children under the age of 4 must be properly restrained in an approved child safety seat or the driver risks a fine of $100. 

Though PennDOT reports that car accident fatalities among unrestrained drivers/passengers were down last year, it is still alarming that 451 unrestrained drivers lost their lives in 2009.  Over one-half of the 2009 Pennsylvania car accident fatalities occurred in the evening, between the hours of 6 p.m. and 5:59 a.m., and over one-half of those fatalities occurred between the late night hours of 10:00 p.m. and 2:59 a.m.  Therefore, during the campaign, Pennsylvania police will sharpen nighttime enforcement.  Last year state and local police combined issued over 6,600 seatbelt citations and more than 400 child safety seat violations. 

If you are not in the habit of wearing a seatbelt, perhaps its time to start.  Research has been definitive that seatbelts do save lives.  In addition, it sets a good example to others in your family.  Many motorists will not drive responsibly so do everything in your power to protect yourself.  If you are a victim of a Pennsylvania car accident due to another’s recklessness, contact the Pennsylvania car accident lawyers at Saile & Saile LLP to schedule a free consultation.  We will fight for the compensation you deserve.

Yesterday, in State v. Marquez, a New Jersey appeals court ruled that English is the only language applicable to a drunk driving refusal charge.

A NJ DWI suspect who claimed that he spoke only Spanish contested his NJ DWI refusal case in court claiming that he did not understand the police officer reading the “refusal warnings” in English.

New Jersey like Pennsylvania is an “informed consent” law state. This means that when you drive on a road, you consent to having your Blood Alcohol Content (B.A.C.) tested.

When a NJ police officer suspects and arrests someone for Driving While Intoxicated (DWI) the officer must read specific warning language to the DWI suspect. If the NJ DWI suspect does not respond with an “unequivocal, affirmative consent” the police officer can deem the NJ DWI suspect’s actions or inaction a refusal to take B.A.C. test which will result in a separate DWI Refusal charge.

The NJ Appellate Division ruled that understanding the “refusal warnings” was not part of the statute and that it would place too much of a burden on local police officers.

The court ruled against the Defendant reasoning that because a DWI investigation is a very time sensitive it would be impossible to have a local police officer understand and translate a multitude of foreign languages.

Do you think this is fair to the DWI suspect? Should the English language rule like at Geno’s Steaks in South Philly?

Under this law, all persons convicted of an NJ DWI (driving while intoxicated) offense would be required to install an ignition interlock system in their vehicles. Under the current law, only repeat NJ DWI offenders are required to install the ignition interlock system.

Ricci’s Law would require ignition interlock systems to prevent a vehicle’s ignition from starting if the driver’s blood alcohol content is .04 percent or higher. The driver must actually breathe into the device once entering the vehicle and if the driver’s blood alcohol content (B.A.C.) is below the preset limit, the car will start. If the driver’s blood alcohol content (B.A.C.) exceeds the present limit, the vehicle will not start.

Ricci’s Law would make use of the interlock installation system mandatory during the drivers’ license suspension period. Additionally, the law would require the device to be in place and operational for a span of six months to one year for a first New Jersey DWI offense, two years for a second DWI offense and ten years for a third and all subsequent NJ DWI offenses.

Ricci’s Law is named in honor of 17-year old Ricci Branca from Egg Harbor Township, NJ, who was struck and killed by an NJ drunk driver while riding his bicycle. The driver who hit Ricci fled the scene of the fatal NJ car accident and was found by police to have a blood alcohol content (B.A.C.) four times higher than that of the legal limit.

Now both the New Jersey and Pennsylvania legislatures are pushing for a mandatory ignition interlock on all NJ DWI offenses and all PA DUI offenses. I predict that someday all registered vehicles will be required to have an ignition interlock.    

The incident in question involved a traffic stop in Bernards Township, NJ. The police officer observed a vehicle with tinted windows and no inspection sticker. The police officer then pulled the vehicle over and began to question the two occupants. The driver of the vehicle could not produce a driver’s license or an insurance card. The vehicle registration was also not in her name.

The police officer then separated the driver and passenger and questioned them about where they had been and where they were going. The driver and passenger gave conflicting answers. The police further questioned the driver and passenger. The driver finally admitted that they had been previously smoking marijuana.

The police officer then told the driver that he could bring a drug sniffing dog to search the car. The driver then admitted that there was marijuana and cocaine in the car. The driver’s, driver’s license then came up as suspended and the police officer then read the driver the Miranda rights and the driver waived her right to remain silent.

The passenger was also advised of his Miranda Rights and he also waived them. The driver and passenger were both charged with various NJ drug offenses.

The NJ Supreme Court was then asked to rule upon whether the passenger’s right of self-incrimination was violated, if the driver of the vehicle was not properly warned of her Miranda Rights before she made the incriminating statements.

The Court ruled that the right of self-incrimination under the United States and New Jersey Constitutions is a personal right that cannot be asserted by a third person such as the passenger. The Court was not willing to expand the protections of the Fifth Amendment.

Do you think this is good and fair law?

Near our law office in Newtown/Langhorne, PA, we know of Middletown Township, Langhorne Borough, Newtown, Southampton police departments using the Enradd device to catch speeders.

You can read more about E.N.R.A.D.D. and how it is being used in lower Bucks County, Pennsylvania at our new Bucks County speeding ticket webpage by clicking here.

Michael L. Saile, Jr., Esq., of Saile & Saile LLP represents individuals charged with speeding tickets throughout Bucks County, PA and Mercer County, NJ. Many times, Michael L. Saile, Jr., Esq. can reduce or eliminate NJ DMV or PennDot points and preserve your driving record.

These amendments, made to laws governing NJ driver licenses and driver permits, require that the holder of a special NJ learner’s permit display a decal issued by the New Jersey Department of Motor Vehicle.

The intent of the revisions to the existing law is to make young drivers, specifically those driving with a restricted license, more identifiable to law enforcement officers.

New Jersey is the first state to institute a special permit decal law. Beginner drivers in New Jersey holding a learner’s permit are not to operate a vehicle without the decal being clearly displayed. Those violating this new decal display statute can face a fine up to $106, with court fees of $33 in addition to the fine. This New Jersey statute goes into effect in thirteen (13) months.

Certainly the New Jersey Department of Transportation has the power to make this law, but there have been arguments made against this law. Many people think that this law will benefit child predators. It will easily identify young NJ drivers.

What do you think?

In 2007, 960 Bucks County car accidents were investigated by the Northampton Township police; in 2008 the number was down to 817, a 14.9 % reduction from the previous year.

Of the 817 PA car accidents that the Northampton Township police department investigated, 209 of them were reportable to PennDOT. A PA traffic accident is reported to PennDOT if it occurred on a public roadway, the car accident involved a death or injury, or necessitated that the vehicle be towed from the scene due to a great degree of sustained damage. The other 608 Northampton Township, Bucks County PA car accidents, which were not reportable to PennDOT, entailed property damage and/or damage to a vehicle that was not severe enough to warrant towing or the accident occurred on private property.

In 2008, there were 84 total Bucks County DUI arrests made by Northampton Township police. There were 34 drunk driving related car accidents and 50 Bucks County DUI arrests made, which were non-crash related, for driving under the influence in Bucks County.

In their 2008 traffic accident report, Northampton Township police state that the two leading causes for Northampton Township, Bucks County car accidents are (i) careless driving and (ii) speeding.

Northampton Township police also cite three very common –and preventable – causes of auto crashes: (i) improper backing (up) movements, resulting in impact with another vehicle; (ii) pulling out without clearance and/or failing to stop at stop signs; and (iii) left hand turns being made without clear right of way.

With all of these preventable Bucks County car accidents in mind, Northampton Township police encourage all residents and visitors to slow down, pay more attention to their driving, and not to drive under the influence.

States that make this shift to a more restrictive seat-belt law would be granted federal dollars, as long as they do so before July 2009. If Pennsylvania were to go this route, the PA General Assembly would have to pass a Bill and have Governor Ed Rendell sign it into law by June 30, 2009.

A 2008 report by the National Highway Traffic Safety Administration (NHTSA) shows that states with primary enforcement laws have an 88% usage rate of seat-belts, while states with secondary enforcement laws (such as PA), have only a 75% usage rate of seat-belts by motorists. However, PennDot reports that in the state of Pennsylvania, 86 percent of drivers buckle-up. The Commonwealth of Pennsylvania received a $28 million federal grant for sustaining an 85 percent seat-belt usage rate among motorists for two consecutive years.

These seat-belt usage statistics make the passage of a primary enforcement law a tough sell for PA lawmakers, many of whom feel enough is being done to keep Pennsylvania motorists safe. Both representatives from PennDot and PA State legislators feel that education rather than government mandate is the key to keeping motorists safe by way of seat-belt usage. Through scientific evidence it has been proven that seat-belt usage has saved many lives and reduced serious injuries in PA car accidents.

PennDot reports that the seat-belt usage rate in PA in 1990 was about 70 percent, compared to 87 percent in 2007, with a strong belief that education about the safety advantages of buckling up has been the driving force behind this increase in seat-belt safety awareness and usage. There is currently no pending legislation in Harrisburg calling for a primary seat-belt enforcement law.

Of course, if the seat-belt law becomes a primary offense in the Commonwealth of Pennsylvania, there will be many, many more other motor vehicle charges that will result from a PA vehicle stop such as DUI (driving under the influence).

Do you think we need a tougher Pennsylvania seat-belt law?

It was reported that the Upper Makefield police officer jumped over the guide rail and slid down the steep embankment hitting a tree stump resulting in bruised ribs. Officer Fuchs was taken from the scene by Yardley-Makefield Emergency Squad to St. Mary Medical Center. It is unknown whether charges will be filed against the driver of the striking vehicle.

In Bucks County, this is the second car accident in less than a week involving a roadside vehicle stop. On Thursday, January 29, Officer Christopher Jones of the Middletown Township police force was fatally injured after being struck and pinned under his cruiser while walking back to his car after making a Langhorne, Bucks County traffic stop on Route 1.

We advise our clients to be extra careful on Bucks County roads. Due to these recent Bucks County car accidents, police officers, district attorneys, and local judges may be very strict on all Bucks County traffic violations, especially speeding tickets.

A NJ school student was suspected of dealing and possessing drugs in school. A search was conducted of the student’s person and contraband was found. A search of the student’s school locker revealed no contraband. Next, the school principal searched the student’s vehicle, which was parked in the school parking lot. A search of the vehicle revealed additional contraband.

The student attempted to suppress the contraband found in his vehicle because the principal did not have a search warrant. The court ruled against the student and stated that “the privacy interests of students are outweighed by the substantial interest of the teachers and administrators in maintaining a drug-free environment in the classroom and on school grounds.”

The court ruled that a school administrator only needs “reasonable suspicion” that there was criminal activity afoot, instead obtaining a search warrant. The court further ruled that the school administrator had reasonable suspicion to search the student’s car.

Is this decision fair? If we have an expectation of privacy in our car parked in a shopping center parking lot, shouldn’t we have the same expectation of privacy on a school parking lot?

Unsafe Driving has been used for many years as a downgrade from a two-point moving violation to the zero point Unsafe Diving ticket. This is because NJ Unsafe Driving carries no DMV points for an NJ driver’s first two offenses.

Unfortunately, a few years ago, in order to solve the State’s annual budget crisis, past Gov. McGreevy added a one-time $250.00 surcharge to be paid in court every time a NJ Defendant pleads guilty Unsafe Driving.

Last week, the NJ Appellate Division cleared up a misconception in the Unsafe Driving law. The court said that there are no DMV points to be assessed on a driver’s first and second conviction for Unsafe Driving. The third offense will always carry four points. If, there is a fourth offense, points will also apply if there has been not been a period of five years between the third offense and a fourth offense.

The lesson to be learned here is to know the law and know your driving record before you plead guilty to any NJ traffic violation.

Whenever you approach a school bus in Bucks County, PA that has its red lights flashing, you have a duty to stop your vehicle at least ten feet away from the school bus. You are not permitted to proceed until the Bucks County school bus driver has turned off the red flashing lights.

When you are driving on a Bucks County road with painted lines in the middle and there is a school bus stopping your lane or the oncoming lane you must stop your vehicle. If you are approaching a Bucks County road intersection of any kind and there is a school bus stopped with its red lights activated, you must also stop your vehicle.

The only time that you are free to proceed without stopping for a school bus is when the Bucks County school bus stop is located in the oncoming lane and there is a physical divider or a large clearly indicated dividing section between your lane and the school bus’ lane.

We agree with PennDot when it states “If in Doubt, STOP!”

The penalties for not stopping at a Bucks County school bus stop include a 60-day license suspension, 5 DMV points on your driving record, and a $250.00 fine.

If you have been issued a traffic ticket for a school bus stop violation in PA or NJ, including Bucks County, we may be able to help you reduce the penalties.

The Pennsylvania Department of Transportation adopted new regulations on window tinting in 1996. All passenger cars must not have window tinting on all windows, including the: windshield, front side, rear side and rear windows that transmit less than 70% of light. That means that 70% of light must pass through the window.

The law is different for trucks, multipurpose passenger vehicles, medium/heavy trucks and buses, and all other vehicles. These types of vehicles have no requirement for light transmittance on the rear side and rear windows.

Window tinting traffic tickets in Bucks County PA often lead to more severe traffic citations and/or criminal charges. It is wise to know and obey the window tinting law.

If you receive any traffic violations or traffic tickets in PA or NJ, our law firm may be able to help you reduce fines and points.

This is refreshing to hear after all the news about NJ Municipal Court judges and employees getting in trouble for ticket fixing in the last few years.

Although, the Attorney General is the chief law enforcement officer and should set an example for the citizens of New Jersey, it appears that she was honest and did not use her position, power, and influence to talk her way out of the NJ speeding ticket.  

Conspiracy theorists may  have a different opinion and think that this was a set-up to make NJ public officials appear more honest…although she did break the law.  

What do you think?

NJ law enforcement was given about $4,000 in grants to conduct the operation.

Last year during New Jersey’s “Click It or Ticket” campaign, 58,170 citations were issued to individuals who were not properly restrained. The number of summonses was up from 2006, when 56,360 seatbelt citations were issued.

If you receive an NJ seatbelt ticket the fine should be about $46.00. Recently, Governor Corzine agreed to sign into law a new NJ seatbelt rule that would require seatbelts on rear seat passengers also.

The misinformation in this e-mail is an urban legend that originated in New Jersey in May 2005.  Since then, the hoax has targeted police in several other states. Versions of the e-mail forwarded to State Police by citizens claim that massive speed enforcement detail will pay the costs of Trooper’s overtime and target certain highways and intersections.

The PA State Police suggest that anyone who receives such an e-mail to simply delete it.  Don’t become part of the hoax by forwarding the message to others.  It is simply not true.

The State Police claim that they routinely engage in speed enforcement efforts as part of our highway safety programs.  The Department never issues traffic citations as a way of raising funds for the state.

The Appellate Division said this type of request is illegal without a search warrant, a grand jury subpoena, or an order to produce from the Superior Court based upon a showing of probable cause. We also told you that federal law permits this type of invasion.

Yesterday, in State v. Reid, the NJ Supreme Court said that the NJ Constitution demands that citizens have a reasonable expectation of privacy in their subscriber information provided to internet service providers.

The Supremes did say that a law enforcement officer can obtain this information by serving a grand jury subpoena without notice to the individual subscriber.

In this case, the police can still get this information since it is probably still in Comcast’s records. I believe this was a wise decision to protect the citizens of New Jersey!

You can view State v. Reid here:  State v. Reid.pdf

My client was caught speeding on the Atlantic City Expressway back in early July of 2007 by a NJ State Trooper. My client was pulled over early in the morning on a bright and sunny day with very little surrounding traffic. The NJ State Trooper claimed that he clocked her at 106 in a 65, clearly above the speed limit.

Unfortunately, my client was caught speeding in Hamilton Township where plea agreements are not permitted by the court. In every other Municipal Court in the State of New Jersey, speeding tickets are plea bargained. Not in Hamilton.

My client was given no break at all. Although the prosecutor was reasonable, the court was not. My client was sentenced to over a $400 fine, license suspension of 15 days forcing a $100 restoration fee, and 6, yes 6, days in jail.

The policy of the court in Hamilton is that every mile per hour over 100, you go to jail for a day. Unfortunately, this sentence is permitted under NJ motor vehicle law. Jail time for speeding tickets is usually only reserved for a deadly or serious accident from a speeder.

My client was particularly upset because the defendant that appeared before the court, just before our appearance, was charged with and plead guilty to an NJ DWI. This defendant was not given any jail time. So, this NJ DWI defendant who according to NJ law, was not in control of her mental and physical faculties, and could have killed any number of people, was given no jail time.

My client who was driving admittedly fast, who was in complete control of her vehicle, in no traffic, on a limited access highway, arguably putting no lives in danger gets 6 days in jail. I am not making this up.

It would be a different story if every defendant in Hamilton received strict penalties for every violation of the motor vehicle code. Here we witnessed misapplied justice. What do you think?

Last week, the New Jersey State Police Marijuana Eradication Unit arrested a Piscataway man for growing marijuana in his Cape Cod-style home. The Defendant in Piscataway, NJ was arrested after the execution of a search warrant and charged with maintaining a marijuana production facility.

Seized were 543 marijuana plants in various stages of growth. The plants have an estimated value of approximately $2,000 per plant. The total estimated value of the plants ranges from between $500,000 to $1,000,000.00.

The plants were purportedly grown in the residence using sophisticated lighting and ventilation techniques. The State Police report that the plants were found growing hydroponically and in soil. They were also being cloned through clippings. The residence is also the listed address for a construction business. Investigators have not determined whether there was a link between the construction business and the marijuana operation.

Now let’s be real, nobody, not even the NJ State Police will be able to get marijuana completely out of the State of New Jersey. More weed goes up and down the NJ Turnpike than most, if not every road in this country.

Just like the Prohibition period of alcohol, the use of marijuana will carry on no matter how much the government tries to prohibit it. Someday, marijuana will be legal. California and other states made the first step in legalizing marijuana for medicinal purposes. As the slippery slope progresses and marijuana becomes more mainstream it will probably be legalized just like alcohol was. It arguably has less detrimental effects on the body anyway.

What do you think?

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law. Check out our website for DUI penalties. We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts. We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts. We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA. We are located just outside of Philadelphia in lower Bucks County.

Two Middletown Twp. voting districts (Lower 2 & 13) have been realigned to Magisterial District Court 07-2-07 in Penndel.

The realignment has been ordered to better serve the community and allow caseload equity in the magisterial district courts, which now number 20 in Bucks County. A complete list of the magisterial district courts, with addresses and contact numbers, as of Jan. 7, 2008, follows:

District Justice Information: Effective 01-07-08

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law. Check out our website for DUI penalties. We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts. We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts. We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA. We are located just outside of Philadelphia in lower Bucks County.

You can find a copy of the new NJ Criminal Manual here: http://www.judiciary.state.nj.us/pressrel/pr080225a.htm

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law.   Check out our website for DUI penalties.  We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts.   We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts.  We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA.  We are located just outside of Philadelphia in lower Bucks County.  

Where they were drinking alcohol?

How many alcoholic drinks they had? and

What kind of drinks they had?

A 2007 NJ Attorney General Law Enforcement Directive mandates that New Jersey police ask these questions after they have read the DUI-DWI suspect the required Miranda warnings (their rights) and the DUI-DWI suspect consents.  A report must then be filed by the police officer with the Division of Alcoholic Beverage Control.

The Division of Alcoholic Beverage Control is then permitted to keep this information for a period of 25 months and is required to maintain a database of this information to be used by any law enforcement agency. 

Although this mandates more government monitoring of the people, this NJ Attorney General Directive does serve legitimate purposes such as curbing drunk driving (DUI-DWI) which will ultimately lead to less innocent people being killed by drunk drivers.

See a copy of the Attorney General Directive here: Attorney General Directive2007-02.pdf

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law.   Check out our website for DUI penalties.  We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts.   We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts.  We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA.  We are located just outside of Philadelphia in lower Bucks County.  

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law. Check out our website for DUI penalties. We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts. We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts. We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA. We are located just outside of Philadelphia in lower Bucks County.

Our government, specifically the legislature sometimes attempts to erode this basic premise by passing laws which infringe upon it. New Jersey did it again this week when it amended the NJ leaving the scene of an accident statute (N.J.S.A. 39:4-129) and the NJ failure to report an accident statute (N.J.S.A. 39:4-129). The legislature calls this amendment a “permissive inference.” Basically, the court is allowed to infer a fact from other facts in a case even if this inference is against the person accused of the crime or traffic violation.

The amendments (listed below) infer that the registered owner of the motor vehicle was involved in an accident when the driver left the scene of the accident. People leave the scene of accidents for many reasons. They may have an outstanding warrant, no car insurance, or they were drunk. All this amendment does is let the court infer that if the driver is not found at the accident scene, then the registered owned was involved. This doesn’t mean the driver was at fault. This amendment takes away the State’s burden of proving who was involved in the accident.

You can find the new law below. The underlined portion is the newly added language to the existing NJ leaving the scene of an accident offense and the NJ failure to report an accident offense:

N.J.S.A. 39:4-129:

” (e)  There shall be a permissive inference that the driver of any motor vehicle involved in an accident resulting in injury or death to any person or damage in the amount of $250.00 or more to any vehicle or property  has knowledge that he was involved in such accident. For purposes of this section, it shall not be a defense that the operator of the motor vehicle was unaware of the existence or extent of personal injury or property damage caused by the accident as long as the operator was aware that he was involved in an accident. There shall be a permissive inference that the registered owner of the vehicle which was involved in an accident subject to the provisions of this section was the person involved in the accident; provided, however, if that vehicle is owned by a rental car company or is a leased vehicle, there shall be a permissive inference that the renter or authorized driver pursuant to a rental car contract or the lessee, and not the owner of the vehicle, was involved in the accident, and the requirements and penalties imposed pursuant to this section shall be applicable to that renter or authorized driver or lessee and not the owner of the vehicle.
Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of not less than $250 or more than $1,000.”

N.J.S.A. 39:4-129:

“In those cases where a driver knowingly violates the provisions of this section by failing to make a written report of an accident, there shall be a permissive inference that the registered owner of the vehicle which was involved in that accident was the person involved in the accident; provided, however, if that vehicle is owned by a rental car company or is a leased vehicle, there shall be a permissive inference that the renter or authorized driver pursuant to a rental car contract or the lessee, and not the owner of the vehicle, was the person involved in the accident, and the requirements and penalties imposed pursuant to this section shall be applicable to that renter or authorized driver or lessee and not the owner of the vehicle.
Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of not less than $250 or more than $1,000.”

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law. Check out our website for DUI penalties. We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts. We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts. We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA. We are located just outside of Philadelphia in lower Bucks County.

Philadelphia has done this at many intersections through the city, including the Roosevelt Boulevard. The Roosevelt Boulevard is constantly on America’s top ten most dangerous intersections list. This has worked in many other places to curb red light violations and deadly car accidents. From what we have heard, in Pennsylvania, PennDot does not issue motor vehicle violation points for traffic camera tickets. Perhaps NJ will do the same?

As many of you agree, NJ is a heavily regulated state. I would think that NJ would have already installed traffic monitoring cameras at its intersections. A previous attempt to pass a similar bill never made law in NJ.

What do you think about the installation of traffic cameras on NJ roads? Will it lead to a slippery slope? Will we have traffic cameras monitoring speed next? What’s next?

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law. Check out our website for DUI penalties. We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts. We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts. We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA. We are located just outside of Philadelphia in lower Bucks County.

First, I had some guy tailgating me in an old beat-up car talking on the cell phone. This was on I-95 going the speed limit of 55 m.p.h. This car was so close to me that I could not even see his NJ license plate on the front of his car. As I looked at him through my rear view mirror, he was talking on his cell phone and yawning at the same time—all within 7 feet from my rear bumper at 55 m.p.h. The old beat up car tells me that it probably doesn’t have the best stopping power. That is if the clueless driver reacted in enough time to stop.

The second incident involved a heavy duty quarry dump truck on the Newtown Bypass near my law office. Another man, driving this large dump truck was about 15 feet from my rear bumper at a speed of about 50 m.p.h.

In both instances I was not driving slower than the traffic in front of me. I am not completely opposed to driving close to someone in the left lane to give them the hint to speed up. The left lane in both NJ & PA on a multilane highway is reserved for traffic moving at a higher rate of speed. If someone is in the left lane going slower than necessary and the right lane is available, in my opinion, and the law dictates that driver should move to the right lane. Its common courtesy! Why hold someone up if you don’t have to?

In my case, there were cars in front of me in both instances, therefore, I was not driving slowly and I could not go any faster. I call this “Pointless Tailgating”. If the person that you are tailgating cannot go any faster, what is the point of tailgating?

My feelings are that both of these stupid people behind me this morning took my life in their hands. Mr. “cell phone and yawner” could have easily plowed into me if I had to slow down fast, which is common procedure on I-95 in Philadelphia. Mr. “20,000 pound quarry dump truck driver” could have easily crushed my car. Due to the weight of the truck it takes substantially more stopping distance to bring a heavy truck to stop.

Why are these people so reckless? It is not fair that they can take my life in their hands without my consent. When I am dead or worse paralyzed due to their recklessness, what will they have to say? By the time I can report these drivers to police, they will be long gone.

The author of this Blog, Philadelphia car accident lawyer, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law focuses his practice on fighting for plaintiffs’ personal injury and car accident victim’s rights in both Pennsylvania and New Jersey. We handle all serious injury cases including, car accidents (both limited and full tort), wrongful death, slip & fall downs, construction accidents, Septa, NJ Transit, and other cases other cases. We are located just outside of Philadelphia in lower Bucks County. We also handle Philadelphia plaintiffs’ personal injury and car accident cases. Please visit our personal injury only website at www.pa-nj-injurylawyer.com for more injury information.

I know this is a controversial issue which many people have different opinions…perfect for a blog entry. So what do I think?

I favor getting rid of the death penalty. I think anyone who murders another human being is at least partially insane. I agree with the law that an insane person’s life should be spared. Is it really their fault? Do you think they wake up in the morning and want to be angry and kill someone? Couldn’t be a chemical imbalance that makes them this way? Studies have shown that the death penalty has shown little or no deterrent effect.

If the death penalty has little deterrent effect, what is the point? We all know that people make stupid and rash decisions without thinking. We all know people that are unstable. For me, life in jail without parole and without my freedoms and the opportunity to live life as I choose would be tantamount to a life not worth living.

Do you think someone who murders another is not at that instance at least partially insane? Obviously, he or she can’t control themselves when they make his or her decision to kill. What is insanity? I am sure not all people feel the same way I do. Lets here your view….

The law will be a “primary offense” meaning that a police officer may now immediately pull you over if he or she sees you operating a “wireless communication device” with your hands, while driving in NJ.   Watch out DUI-DWI suspects.  

What could be considered a wireless communication device?  Certainly, a cell phone or PDA would be considered a violation device.  But the way I see it, even my Garmin Navigation device can be considered a wireless communication device under this new law.

The new law states that amateur radios are not considered wireless communication devices.   What is the definition of an amateur radio?   Is a truck drivers CB an amateur radio?   Truck drivers are professionals…

Truckers also have messaging devices in their trucks that they use to communicate with their dispatchers.   I see this as a violation of NJ law.

I know a lot of people think this law is a good idea and maybe rightfully so.

The problem is that the State of NJ is again taxing its drivers.   The new law has a $250.00 surcharge on top of the fine which is similar to that of the NJ Unsafe Driving ticket (N.J.S.A. 39:4-97.2).  I guess its just another way to fill the pockets of corrupt NJ politicians…
 
The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law.   Check out our website for DUI penalties.  We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts.   We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Morrisville, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts.  We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA.  We are located just outside of Philadelphia in lower Bucks County.  

A record 96 percent of New Jersey law enforcement agencies participated in this summer’s two week “Over the Limit, Under Arrest” drunk driving crackdown, which resulted in 1,655 DUI arrests, Division of Highway Traffic Safety Director Pam Fischer announced today.
 
Fischer noted that arrests during the two-week period were down from 2006, when 1,721 individuals were cited for drunk driving.  Overall participation in the initiative increased from 391 participating police agencies in 2006 to 473 in 2007.
 
Fischer noted that 770 people died in traffic crashes on New Jersey’s roadways in 2006, and 627 of those individuals were tested for alcohol. Of that number, 240 tested positive for alcohol in varying degrees, indicating that approximately 38 percent of the fatalities involved some level of alcohol consumption.
 
Launched nationally in 1999, the program works to combat drunk driving at various high volume traffic times throughout the year. As part of this initiative, the State Division of Highway Traffic Safety provided grants of $5,000 each to 186 local law enforcement agencies. The New Jersey State Police also participated in the effort. The remaining police departments conducted the program using their own resources.See the New Jersey Division of Highway Traffic Safety Crackdown Report titled “Results of “Over the Limit, Under Arrest ’07 Crackdown” here:  Crackdown Report.pdf

Will taking drunk drivers off the road really solve this major drunk driving problem in PA and NJ and all over the country?  Do we need other forms of deterrence like education?   What ideas do you have to fix this ongoing problem?

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law.   Check out our website for DUI penalties.  We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts.   We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Morrisville, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts.  We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA.  We are located just outside of Philadelphia in lower Bucks County.  

In most traffic or parking offenses, a defendant may resolve the case by way of a guilty plea by mail or may plead not guilty and submit a written defense for use at trial by mail.  The judge may permit the defendant to enter a guilty plea by mail, or to plead not guilty by mail and submit a written defense for use at trial, if a personal appearance by the defendant would constitute an undue hardship such as illness, physical incapacity, substantial distance to travel, or incarceration.
 
This procedure shall not be available in the following types of cases:

(1) traffic offenses or parking offenses that require the imposition of a mandatory loss of driving privileges on conviction;

(2) traffic offenses or parking offenses involving an accident that resulted in personal injury to anyone other than the defendant;

(3) traffic offenses or parking offenses that are related to non-traffic matters that are not resolved;

(4) any other traffic offense or parking offense when excusing the defendant’s appearance in municipal court would not be in the interest of justice.

Whether you have received a NJ speeding ticket, NJ careless driving ticket, NJ reckless driving ticket, or NJ uninsured driving ticket, if you can show the court a hardship such as residing 2 hours away from court or your inability to make a court appearance at any time due to your employment, we at Saile & Saile LLP can help.

This process does involve some extra paperwork.  We usually get permission from our clients, in advance, to go to court, make arguments, negotiate with the prosecutor, and many times resolve the case in the defendant’s favor.   We have even done a plea by mail case on an NJ DWI-DUI. 

NJ courts now use a standardized form for pleas by mail.   You can find the form here: NJ Municipal Court Plea By Mail Form.pdf

If you have been issued a NJ traffic violation call the experienced Municipal Court lawyers at Saile & Saile LLP.   You may not have to be inconvenienced by appearing in court.

The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law.   Check out our website for DUI penalties.  We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts.   We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Morrisville, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts.  We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA.  We are located just outside of Philadelphia in lower Bucks County.