New Jersey Injury Lawyers Blog

High Court’s Ruling Could Change How States Handle DUI Cases

April 24, 2013 | The Victor Rotolo Law Firm

The U.S. Supreme Court recently handed down a ruling that could affect how states across the nation test drivers suspected of DUI, driving under the influence.

In an 8-to-1 decision, the Supreme Court ruled that, in general, before subjecting a drunk driving suspect to a blood alcohol test, police must obtain a warrant. (1) The decision stems from the case of a Missouri man who refused to submit to a blood alcohol test, citing his Fourth Amendment right “to be secure . . . against unreasonable searches and seizure.” The State of Missouri grants its police discretion in ordering blood alcohol tests without first obtaining a warrant because timing is important to gathering evidence in these cases.(2)

New Jersey takes a similar view when obtaining evidence in a suspected DUI case. According to the State’s Motor Vehicle Commission website, simply by getting your New Jersey driver’s license you give your consent (known as “implied consent”) to submit to a Breathalyzer test if you are charged with suspicion of DUI. Refusal to take a Breathalyzer can lead to your arrest, at which time you can be brought to a hospital for a blood test. (3)

Boaters Cautioned to Safeguard Against Cold-Water Dangers

April 9, 2013 | The Victor Rotolo Law Firm

Spring weather has finally arrived in Hunterdon County and with that comes thoughts of outdoor activities. For some, that means hitting the water. Boating enthusiasts need to take special care this time of year because, while air temperatures may be getting warmer, water temperatures have yet to catch up, posing extra dangers. Staying safe in the cold water may take a little more than simple adherence to maritime laws.

Last week, a 54-year-old fisherman from New York drowned in the Round Valley Reservoir in Clinton Township. The man was not wearing a life jacket when his canoe capsized, yet he was abiding by New Jersey boating laws. (1)

According to the New Jersey State Police website for maritime safety, all boats must carry one personal flotation device for every person on board. These devices must be accessible and of an appropriate size for the intended wearer. Boats 16-feet or larger must also carry one throwable flotation device. (2)

Restrictions on Teen Driving Privileges Can Save Lives

March 27, 2013 | The Victor Rotolo Law Firm

Most teenagers cannot wait to get their driver’s license, but a little patience can avoid years of frustration as one New Jersey teen learned recently.

Last month, an unidentified 15-year-old learned he may not be eligible for his driver’s license until he turns 35, all because of an impetuous act. According to reports, the teen took his father’s brand new car for a joy ride without permission. Things went from bad to worse when the teen lost control and crashed into the pickup of an off-duty New Jersey police officer. No injuries were reported in the accident, but the pickup was totaled. (1)

While that penalty may seem stiff, New Jersey takes its driving laws seriously, particularly where teen drivers are concerned. In this State a person can obtain a probationary driver’s license at 17. This license restricts these young drivers from having more than one additional passenger (parents, guardians and dependents excluded) in the car, and prohibits driving between the hours of 11:01 p.m. and 5:00 a.m., with certain exceptions allowed for work and religious reasons. (2)

Safety of Red Light Cameras in Question

March 8, 2013 | The Victor Rotolo Law Firm

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They were introduced as a safety measure, but do red light cameras actually cause more problems than they prevent? That is the question being raised yet again by at least one New Jersey official.

Red light cameras have been installed throughout the State at intersections that are busy and/or considered dangerous as a proactive measure to lessen the number of traffic accidents at those intersections. However, recent statistics show the number of accidents – most particularly rear-end collisions – have increased, at least in some areas. It seems some drivers hesitate to make right turns on red at intersections monitored by cameras for fear of getting “caught” going through a red light and this hesitation can result in rear-end collisions. (1)

In New Jersey, it is legal for a driver to make a right turn on a red signal, unless otherwise posted. The rules for right on red, however, require drivers to come to a complete stop before proceeding through the intersection once it is safe to do so. (2)

Winter Isn’t Over Yet — Know Your Responsibility for Clearing Ice and Snow

March 1, 2013 | The Victor Rotolo Law Firm

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The groundhog may not have seen his shadow in February (1), but there is still some life left in this winter. When winter storms dump snow and ice on us, New Jersey residents have some responsibility for keeping our roads and streets safe.

New Jersey has stringent laws regarding removal of snow and ice from vehicles. The law, which took effect in 2010, requires motorists to remove snow and ice from the roofs and hoods of their vehicles before getting on the road. (2) This is to prevent the snow and ice from flying off their cars and trucks into the path of other motorists. Flying snow and ice can cause damage to property, injury to others, and even result in traffic accidents.

Failure to clear your vehicle before driving can result in fines of between $25 and $75. If the snow and ice blows off your vehicle causing damage or injury to others, these fines can increase to between $200 and $1,000. (2) Snow and ice that is allowed to fall freely from uncleared vehicles can also hinder efforts to clean the roads which, in turn, can lead to hazardous driving conditions.

State May Get Tougher on First-Time DUI Offenders

February 26, 2013 | The Victor Rotolo Law Firm

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The Senate Judiciary Committee recently approved a bill that would change the State’s drunk driving laws, particularly for first-time offenders.(1)

The bill would require everyone convicted of a DUI to have an ignition-locking device installed in their cars, even first-time offenders, t. The device requires the driver to take a breath test before starting the car. If alcohol is detected, the car’s ignition will lock. Currently New Jersey only requires installation of these devices for repeat offenders or first-time offenders with a blood alcohol level (BAC) of 0.15 or higher. New Jersey’s legal limit is 0.08. (1)

The theory behind this change is that the objective of the law is not so much to punish drunk drivers as to prevent future DUI-related accidents. Statistics show that in 2010, drivers under the influence of alcohol were involved in 102 fatal accidents in the State. (2)

Even Pet-Sitters Can Be Entitled to Damages from Dog Bites

January 22, 2013 | The Victor Rotolo Law Firm

A New Jersey Appellate Court recently overturned a lower court ruling allowing a woman from Bergen County woman who was bitten by a dog while pet-sitting to proceed with a suit against the dog’s owners. (1)

According to reports, the victim was being paid to watch her neighbors’ dog while they were on vacation. During this time, the dog allegedly bit her as she reached down to retrieve a napkin that had fallen to the floor. A Superior Court identified the victim as an independent contractor because the woman had previously been paid through a pet-sitting agency; the Court ruled that she was not eligible for damages unless she could prove the dog’s owners were aware the dog was likely to attack. (1)

Although New Jersey ranks only 48th in the country in terms of pet ownership, (2) it has some of the strictest dog bite laws. These laws hold dog owners liable if their dog bites anyone in a public place or on private property (assuming the victim was on that property legally), regardless of the dog’s prior behavior. (3)

State Lawmakers Considering Tougher Penalties for Distracted Driving Violators

January 11, 2013 | The Victor Rotolo Law Firm

Person using cell phone while driving. (Photo credit: Wikipedia)

New Jersey was one of the first states to adopt laws prohibiting the use of handheld cell phones and texting while driving, but some lawmakers feel drivers do not always take these offenses seriously enough. Now the State is considering stiffer penalties for the violation of its distracted driving laws. (1)

Research indicates that texting while driving is more dangerous (at a rate of six to eight times more) than drunk driving, yet the current penalties are less severe. (2) Violating the State’s current laws against driving and using a cell phone carries a fine of $100, while drunk driving charges can carry a sentence of 2 to 15 years in jail. (1)

Bill Looks to Toughen Penalties for Motorists Who Cause Death of Pedestrians

December 27, 2012 | The Victor Rotolo Law Firm

A NY-standard yield-to-peds sign on Roosevelt Island, New York City. New Jersey drivers are now required to stop and remain stopped for pedestrians in crosswalks. (Photo credit: Wikipedia)

Failure to stop for pedestrians in marked crosswalks may soon result in tougher penalties for some motorists. A panel of the New Jersey Senate recently approved a bill that would increase the penalties for drivers who hit and kill a pedestrian as a result of failing to stop at a crosswalk, moving the bill forward for full Senate consideration. The new bill would carry fines of up to $1,000 and a six-month community service sentence. Additionally, the bill would give judges the ability to sentence drivers to prison for 90 days and/or suspend their driver’s license for up to one year. (1)

Since 2010 motorists in New Jersey have been required to not only stop but to remain stopped for any pedestrian in a marked crosswalk. Current penalties for failure to do so include a fine of $200, fifteen days of community service, two points against a driver’s license and possible insurance surcharges. (2) Prior to 2010, motorists were required only to yield to pedestrians in the crosswalk. The law was changed after the death of Bayonne resident Mary Tait, who was struck by a car trying to pass a slower vehicle and several double parked trucks. (1)

Sober Driving Celebrated During Month of December

November 28, 2012 | The Victor Rotolo Law Firm

FRIENDS VIGIL (Photo credit: Drimagez)

Now that the holiday season is upon us, people find many reasons for celebration – office parties, get-togethers with old friends or distant relatives, family gatherings. Whatever the cause for your celebration, failure to heed the warning to not drink and drive could prove costly.

Already news services are full of stories on drunk driving cases: