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Archive for HeatherDarlingLawyer.com

Warrantless Searches

Warrantless seizures and searches are presumptively invalid as contrary to the United States and the New Jersey Constitutions.” State v. Pineiro, 181 N.J. 13, 19, 853 A.2d 887 (2004). Failure to obtain a warrant or meet the burden of proof…

Suing the Bar that Served You

Drunken drivers in NJ who were injured in automobile accidents while driving under the influence were long ago prohibited from suing the other driver for any injuries the drunk driver suffered in the crash but the Court is now about…

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…

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…

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…

NJ alimony modification under economic strain

Change of Circumstances on the part of the payor or payee is required for an unscheduled modification of alimony in matrimonial matters. In light of recent economic factors, many spouses find themseleves in a different position financially than they anticipated…

NJ Drug Court standards

According the the NJ State Judiciary website, the mission of drug courts is “to stop the abuse of alcohol and other drugs and related criminal activity.” Drug courts exist within the Criminal Division of the Superoir Courts of New Jersey…

Stalkers Beware

The New Jersey Supreme Court has held that stalking is stalking, and no showing that the Defendant intended to cause fear is required. The stalking statutue, N.J.S.A. 2C:12-10, was enacted in New Jersey in response to “persistent, distressing or threatening…

More on Miranda

As a follow up to my prior post regarding Miranda warnings in criminal matters, I am including further information. It appears that the floodgates have opened on Miranda warnings and modifications of this long-standing ruling will continue. This week the…

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