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Archive for July, 2010

DUI confusion

New ruling in NJ benefits drivers who fluently speak another language. Drivers stopped for DUI in New Jersey have the right to refuse to give a breath sample. Although refusal comes with automatic penalties, the penalties may be less severe…

Prosecutorial discretion

In NJ criminal matters the prosecutor has discretion to proceed as the police have charged, downgrade the charges, or dismiss a matter completely. There are numerous reasons that each may occur but I shall only cover the most common here….

Out of Bounds

Although this Blog is typically dedicated to legal matters, an article recently caught my attention which may bear largely on the global economy and I could not pass up the opportunity to call attention to this experiment.An experiment in humanity….

Alcotest Under Assault Once Again

In NJ there is a new challenge to the Alcotest awaiting appeal. Evidence shows the Alcotest device, used to determine blood alcohol content for DUI suspects, routinely records breath samples of up to 25 seconds in length being provided yet…

Stop and Frisk. Residents in Brownsville, Brooklyn are routinely subject to a technique used by police known as "stop and frisk" which is permitted for the purpose of deterring crime when police have reason to believe the individuals being stopped…

Foreclosure

In the event of foreclosure bankruptcy is an option for a property owner but with the many programs now available rushing to file bankruptcy is not necessarily recommended. Federal legislation now mandates forestalling the foreclosure process in the event the…

Corporate Principal Liability

There is an incorrect assumption frequently made on the part of corporate principals- that because they are corporate officers acting on behalf of a business they are not subject to liability for the acts of the Corporation. Through the years…

product liability

Toyota is undergoing yet another recall. Although consumers have a right to safety there is also a need to understand basic automobile functions. When trucks roll over during high speed turns is the consumer under a duty to exercise basic…