Newsletter NJ Laws by Kenneth Vercammen, Esq.: E635 Newsletter

E635 VercammenLaw News

1. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions

2. Penalties if arrested at St. Patrick’s Parades

3. New Refusal statute not retroactive to arrests prior to 12/1/19 State v Scudieri, also applied to DWI prior to effective date

4. Central Jersey St. Patrick parades & events 2022 for those who can behave…

1. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks.

The law imposes upon the owner of commercial or business property the duty to use reasonable care to see to it that the sidewalks abutting the property are reasonably safe for members of the public who are using them. In other words, the law says that the owner of commercial property must exercise reasonable care to see to it that the condition of the abutting sidewalk is reasonably safe and does not subject pedestrians to an unreasonable risk of harm.

The concept of reasonable care requires the owner of commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it.

If there was a condition of this sidewalk that was dangerous in that it created an unreasonable risk of harm for pedestrians, and if the owner knew of that condition or should have known of it but failed to take such reasonable action to correct or remedy the situation within a reasonable period of time thereafter as a reasonably prudent commercial or business owner would have done under the circumstances, then the owner is negligent.

No one plans on being injured in an accident, whether it is a car accident, fall down or other situation. Speak with a personal injury attorney immediately to retain all your rights. The stores are responsible for the maintenance of their premises, which are used by the public. It is the duty of the store to inspect and keep said premises in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to persons lawfully thereon.

If the unsafe condition is alleged to be snow and ice, N.J.S.A. 40:64-12 and any ordinance adopted by the municipality might be charged as a factor, the jury should consider the reasonableness of the time the defendant(s) has (have) waited to remove or reduce a snow or ice condition from the sidewalk.

What actions must the owner of commercial property take with regard to defects / snow / ice accumulation/ dangerous conditions? The action required by the law is action which a reasonably prudent person would take or should have taken in the circumstances present to correct the defect / snow / ice accumulation/ dangerous condition, to repair it/remove it or to take other actions to minimize the danger to pedestrians (for example, to give warning of it) within a reasonable period of time after notice thereof. The test is: did the commercial property owner take the action that a reasonably prudent person who knows or should have known of the condition would have taken in that circumstance? If he/she did, he/she is not negligent. If he/she did not, he/she is negligent.

If you are injured, after seeking medical treatment and advising the store/mall, call KENNETH A. VERCAMMEN, ESQ. 732-572-0500 and we can discuss options.

More Info at: http://www.njlaws.com/fall_down_injuries_on_snow.htm

2. Penalties if arrested at St. Patrick’s Parades

Over 100 police and law enforcement will be out at parades to arrest persons for drunk & disorderly matters.

2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:

(1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(2)Negligently causes bodily injury to another with a deadly weapon; or

(3)Attempts by physical menace to put another in fear of imminent serious bodily injury.

• Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court

Jail 2C: 43- 8 jail 6-month maximum max

probation 1-2 year

community service 180 days maximum

mandatory costs, VCCB and other penalties

Disorderly- fines: 2C: 43- 3 $1,000 Fine maximum

There are dozens of other penalties a court can impose, depending on the type of matter.

Resisting Arrest

It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest. Typically, a crime of the fourth degree.

• Indictable Crime Penalties [Felony type] [ Superior Court]

• Jail potential Fine max Probation

• 1^st degree 10- 20 years $200,000 [presumption of jail]

• 2^nd degree 5-10 years $150,000 [presumption of jail]

• 3^rd degree 3- 5 years $15,000 1 year- 5 year

• 4^th degree 0- 18 months $10,000 1 year- 5 year

Hindering Apprehension or Prosecution (2C:29-3)

A person commits an offense if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.

• Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.

Disorderly conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he

(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or

(2) Creates a hazardous or physically dangerous condition by any act, which serves no legitimate purpose of the actor.

b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.

“Public” means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.

· Petty Disorderly person - 30 days jail maximum

Petty DP $500 max Fine, VCCB and other penalties

Sometimes an experienced attorney can negotiate with the prosecutor to have the charges reduced to a Municipal Ordinance. Other times for first offenders we can make a motion for the first offenders program, Conditional dismissal.

Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition (2C: 35-10)

It is a criminal offense for any person knowingly or purposely, to obtain, or to possess actually or constructively, a controlled dangerous substance or controlled substance analog [other than weed].

• Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.

Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, Probation, drug testing and other penalties. If attorney’s Conditional Discharge motion is granted for first time offender. penalty can be reduced. In certain drug cases, the fine can be up to $75,000.

2C:33-15 Possession, consumption of alcoholic beverages by persons under legal age; penalty

Jail 2C: 43- 8 potential jail 6 month maximum

probation 1-2 year max

community service 180 days maximum

Disorderly- fines: $500- $1,000 Fine maximum under 2C: 43- 3

plus mandatory costs, VCCO and other penalties

33:1-81 Underage drinking and Misrepresenting age to induce sale or delivery to minor

fine 500-1,000

court costs and other penalties

If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don’t rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.

3. New Refusal statute not retroactive to arrests prior to 12/1/19 State v Scudieri, also applied to DWI prior to effective date

In this appeal, the court held that the Legislature intended prospective application of the amended refusal statute, N.J.S.A. 39:4-50.4a. That intent was manifested by the Legislature's express statement that the amended legislation—which imposed on all defendants convicted of refusal the less onerous penalty of installing an interlock device rather than forfeiting his or her license as mandated by the former statute—would become effective on December 1, 2019, over four months after it was signed into law, and apply only to those defendants who committed an offense on or after that date. That unequivocal legislation pronouncement militates against retroactive application even for defendants who were sentenced after December 1, 2019.

In such circumstances, courts need not consider the common law exceptions to the presumption of prospective application as discussed in Gibbons v. Gibbons, 86 N.J. 515 (1981) and James v. New Jersey Manufacturers Ins. Co., 216 N.J. 552 (2014), nor the timing of the penalty incurred under the general savings statute, N.J.S.A. 1:1–15. The Legislature's determination that interlock devices serve as a greater deterrent than license forfeiture supports the conclusion that the amended legislation was neither ameliorative nor curative, in any event. (A-0352-20)

4. Central Jersey St. Patrick parades & events 2022 for those who can behave

Mar 4 Emerald Society fundraiser Police bagpipes New Brunswick Elks- 6pm

Mar 5 Mt. Holly St Patrick parade & 5k Sat race 11am, parade 1pm

https://mounthollyparade.com

Mar 6 Belmar St. Patrick Parade Sun 1pm

Mar 17 NYC St Patrick parade 11am

https://www.nycstpatricksparade.org

Mar 19, 2022 Keyport 1pm

https://www.facebook.com/Keyport-St-Patricks-Day-Parade-197482333774820/

March 19, 2022 Highlands St Patrick parade 2pm after Keyport parade then go to Inlet Café

https://www.highlandsnj.com/Special_Events/St_Patricks_Day_Parade/St_Patricks_Day_Parade-page.shtml

then go to Inlet Café