Tuesday, November 26, 2013

39:4-97.3 Operating Motor Vehicle While Using Cellular Device

Fine ranging from $100-$250. For information regarding points or surcharges contact the Motor Vehicle Commission. For information about car insurance eligibility and points contact your car insurance company or the New Jersey Department of Insurance.

1. a. The use of a wireless telephone by an operator of a moving motor vehicle on a public road or highway shall be unlawful except when the telephone is a hands-free wireless telephone, provided that its placement does not interfere with the operation of federally required safety equipment and the operator exercises a high degree of caution in the operation of the motor vehicle.
b. The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:

  1. The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or
  2. The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. A hand-held wireless telephone user's telephone records or the testimony or written statements from appropriate authorities receiving such calls shall be deemed sufficient evidence of the existence of all lawful calls made under this paragraph.

As used in this act, "hands-free wireless telephone" means a mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, whether or not permanently part of such mobile telephone, by which a user engages in a conversation without the use of either hand; provided, however, this definition shall not preclude the use of either hand to activate, deactivate, or initiate a function of the telephone.

"Use" of a wireless telephone shall include, but not be limited to, talking or listening to another person on the telephone.

c. Enforcement of this act by State or local law enforcement officers shall be accomplished only as a secondary action when the operator of a motor vehicle has been detained for a violation of Title 39 of the Revised Statutes or another offense.

d. A person who violates this section shall be fined no less than $100 or more than $250.

e. No motor vehicle points or automobile insurance eligibility points pursuant to section 26 of P.L.1990, c.8 (C.17:33B-14) shall be assessed for this offense.

f. The Chief Administrator of the New Jersey Motor Vehicle Commission shall develop and undertake a program to notify and inform the public as to the provisions of this act.

Law Offices of Jason Pollack, P.C.
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037
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Wednesday, October 23, 2013

27 Things YOU Need to Know about Your DWI/DUI Case

What must your attorney do before trial?

  1. Obtain all relevant reports and information about your stop and arrest, and make appropriate pre-trial motions in the proper time period
An understanding of the Municipal Court system:
  1. Although most states allow for a jury trial in DWI matters, there is no right to a jury trial in New Jersey
How the arresting officer's testimony can be discredited:
  1. Inconsistent statements
  2. Failure to recollect
5 requirements which must be followed for chemical and roadside tests to be valid:
  1. The officers must have had a reasonable suspicion that you were violating the law
  2. The officer must have had probable cause to arrest you
  3. You have to have been operating or about to operate the car
  4. The officer must have probable cause to ask that you take a chemical test
  5. The officer must give you your Miranda Rights after you are arrested, if he is going to interrogate you
What are 2 key pieces of information which must be learned in deciding to go to trial?
  1. An estimation of the weaknesses and strengths of the State's case against you
  2. The effect of a conviction
How to determine whether you should go to trial:
  1. It's a cost-benefit analysis.  How much is it worth to defend my case?
What effect with this arrest have on my license and when will I be able to drive?
  1. If your blood alcohol was over the legal limit or you refused a test, and if you are convicted, you may not be able to drive at all for a long period of time
How to save your license if you're found guilty in court?
  1. Unfortunately there are not probationary or hardship licenses in New Jersey
What 5 preliminary motions should be filed (if relevant to your case):
  1. Motion to suppress evidence on the grounds that you were unconstitutionally stopped
  2. Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure
  3. Motion to suppress evidence for lack of probable cause to arrest
  4. Motion to suppress statements on failure to give Miranda rights
  5. Motion for Discovery of additional evidence
*If these motions are not filed, your case may not be dismissed when it should have been.  You may not be told about evidence which would prove your innocence

7 defenses in pre-trial motions:
  1. Contest the constitutionality of the stop
  2. Contest the constitutionality of the administration of roadside tests
  3. Contest the constitutionality of probable cause to arrest
  4. Contest the constitutionality of the Miranda rights
  5. Contest the manner in which roadside tests were given
  6. Contest the operability of the testing machine
  7. Contest the constitutionality of any search and seizure


Law Offices of Jason Pollack
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Monday, October 21, 2013

30 Things YOU Need to Know about Your DWI/DUI Case

4 things that may be very helpful to your case:

  1. If all the witnesses are not available to prove the State's case
  2. If there is exculpatory evidence which would prove your innocence.
  3. The Administrative Office of the Courts has directed that DWI cases are to be resolved in 60 days.  If the State cannot provide all the required discovery, it is possible (though unlikely) that your case can be dismissed, or the State may be prevented from introducing certain evidence at trial.
  4. There may be evidentiary problems in proving your blood alcohol level.
6 facts that must be proved before you can be found guilty:
  1. Your identity
  2. As a driver
  3. Of a motor vehicle
  4. In the Township, while
  5. Your blood alcohol level was over the per se limit or
  6. Your ability to drive a motor vehicle was substantially impaired (driving under the influence).
14 things you should note right away:
  1. What your itinerary was prior to arrest
  2. Your consumption of alcoholic beverages
  3. Your observations of the officer
  4. The officer's stated reasons for stopping your
  5. Whether the officer asked or ordered you to take roadside tests
  6. What where the officer's instructions for the field sobriety tests
  7. Your performance on the roadside tests
  8. Statements you made to the officer
  9. What the results were of any breath or blood tests
  10. Whether there were witnesses to your arrest
  11. Whether you were observed prior to a breath test
  12. Whether you were advised of your right to take an independent test
  13. How long you were kept after testing
  14. Your medical background
6 items crucial to your defense:
  1. A good investigation of the facts
  2. Vigorous cross-examination
  3. A sound understanding of constitutional principles
  4. A sound understanding of field sobriety testing
  5. A sound understanding of breath testing and blood testing
  6. An experienced attorney

Law Offices of Jason Pollack


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Friday, September 13, 2013

N.J.S.A 39:4-88 Failure to Observe Traffic Lanes


When a roadway has been divided into clearly marked lanes for traffic, drivers of vehicles shall obey the following regulations:

a. A vehicle shall normally be driven in the lane nearest the right-hand edge or curb of the roadway when that lane is available for travel, except when overtaking another vehicle or in preparation for a left turn.

b. A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.

c. Upon a highway which is divided into 3 lanes, a vehicle shall not be driven in the center lane except when overtaking or passing another vehicle or in preparation for a left turn or unless the center lane is at the time allocated for traffic moving in the direction the vehicle is proceeding and is signposted to give notice of that allocation.

d. The State Highway Commissioner may by regulation or local authorities may by resolution or ordinance with respect to highways under their jurisdiction designate right-hand lanes for slow moving traffic and inside lanes for traffic moving at the speed designated for the district as provided under this chapter, and when the lanes are signposted or marked to give notice of the designation a vehicle may be driven in any lane allocated to traffic moving in the direction in which it is proceeding, but when traveling within the inside lanes the vehicle shall be driven at approximately the speed authorized in such lanes and speed shall not be decreased unnecessarily so as to block, hinder or retard traffic.

e. When such roadway had been divided in such a manner that there are 3 or more lanes for traffic in any one direction, no truck of 10,000 pounds registered gross weight or over shall be driven in the farthest left-hand lane, except when and to the extent necessary to prepare for a left turn, or when necessary to enter or leave such roadway by entrance or exit to or from the left lane or when reasonably necessary in response to emergency conditions.
Amended by L.1951, c. 23, p. 83, s. 47; L.1968, c. 432, s. 1, eff. Feb. 11, 1969.

Law Offices of Jason Pollack, P.C.
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037
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Wednesday, September 11, 2013

Jason Pollack in the South Jersey Times!

Jason C. Pollack, Esquire was quoted in the South Jersey Times!

Clink on the link below to check out the article:
http://www.nj.com/gloucester-county/index.ssf/2013/09/autumn_pasquale_murder_tougher_sentence_could_scrap_guilty_plea.html




Law Offices of Jason C. Pollack, P.C.
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

Burlington County

Camden County

Atlantic County
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Friday, September 6, 2013

N.J.S.A. 39:4-82 Failure to Keep Right

The law: N.J.S.A. 39:4-82
The New Jersey law that directly pertains to driving on the right side of the road is N.J.S.A. 39:4-82, which states that “Upon all highways of sufficient width, except upon one-way streets, the driver of a vehicle shall drive it on the right half of the roadway. He shall drive a vehicle as closely as possible to the right-hand edge or curb of the roadway, unless it is impracticable to travel on that side of the roadway, and except when overtaking and passing another vehicle subject to the provisions of sections 39:4-84 and 39:4-85 of this Title.”

MVC points & penalties
  • New Jersey Motor Vehicle Commission (MVC) will penalize a conviction for failing to keep right by adding two points to your driving record
  • Any time you get six or more points on your record within three years, you’ll be fined.
  • If your point total meets or exceeds 12 points, your license will be automatically suspended.
Fines
  • The traffic ticket fine for failure to keep to the right of the road is $85.
  • If you commit this violation in a designated safe corridor or a construction zone, the ticket is $140.
LAW OFFICES OF JASON C. POLLACK, P.C.
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037
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Monday, August 26, 2013

NJSA 39:4-90 Right of way at intersections

The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection. When 2 vehicles enter an intersection at the same time the driver of the vehicle on the left shall yield the right of way to the driver of the vehicle on the right.
The driver of a vehicle within an intersection intending to turn to the left shall yield to a vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but the driver having so yielded, and having given a signal when and as required by law, may make the left turn; and other vehicles approaching the intersection from the opposite direction shall yield to the driver making the left turn.
Amended by L.1958, c. 114, p. 587, s. 1.

Law Offices of Jason Pollack, P.C.
www.sjattorney.net
Office: 856-304-1472
Fax: 856-504-0155

Burlington County
105 High Street
Mount Holly, NJ 08060

Camden County
211 S. White Horse Pike
Audubon, NJ 08106

Atlantic County
41 Route 73 South, #203
Winslow TWP, NJ 08037
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