In this Issue:
1. Recent cases: Hearsay Rules Permitted Introduction of Drug and School Zone Map.
2. Physical Contact not Required if Leaving the Scene.
3. Pat-down in Safer Area Permitted.
4. Community Events
5. The following are MVC points for NJ Motor Vehicle violations.
1. Hearsay Rules Permitted Introduction of Drug and School Zone Map. State vs. Wilson 442 NJ Super. 224 (App. Div. 2015)
Admission of an official park-zone map, see N.J.S.A. 2C:35-7.1(e), does not violate the Confrontation Clause.
2. Physical Contact Not Required if Leaving the Scene. State vs. Sene __ NJ Super. __ (App. Div. 2015) A-2256-13T1
The question of first impression presented on this appeal is whether contact between defendant's vehicle and a victim is a necessary element of leaving the scene of an accident in violation of N.J.S.A. 2C:11-5.1. Defendant was driving a taxi when a pedestrian stepped into his lane of traffic. The pedestrian fell into the adjoining lane of traffic and was killed when she was run over by another vehicle. Defendant did not stop his taxi at the scene and left without speaking to anyone. A jury convicted him of leaving the scene of a fatal motor vehicle accident under N.J.S.A. 2C:11-5.1. On appeal, defendant contends that a necessary element to the crime is contact between his vehicle and the victim. The Court disagrees and holds that such contact is not an element of this crime. The Court also hold that N.J.S.A. 2C:11-5.1 is not unconstitutionally vague. We, therefore, affirm defendant's second-degree criminal conviction.
3. Pat-down in Safer Area Permitted. State v. Watts __ NJ __ (2015) (A-21-14)
The police did not act in an objectively unreasonable manner in violation of the Federal and State Constitutions by conducting an initial pat-down of defendant and detaining defendant for a thorough search in a more controlled, safe, and secure location.
4. Community Events:
Mar 7 Municipal Court College 5:30-9 Law Center
2016 MUNICIPAL COURT COLLEGE
https://www.facebook.com/events/1674456042792968/
Mar 8 Edison Library
Wills, Estate Planning & Probate Seminar
at 7pm Free community program
https://www.facebook.com/events/1262180170466016/
Mar 10 Wills & Power of Attorney Seminar at 7pm
Piscataway Library Kennedy Branch
500 Hoes Lane Piscataway NJ 08854
https://www.facebook.com/events/191720137852734/
Mar 11 Friendly Sons of St. Patrick dinner, Friday
This year's dinner will be held at the Pines Manor in Edison, NJ. Black tie, men only, The recipient of "Irishman of the Year" is PBA President Pat Colligan. Tickets are $100 and made payable to Friendly Sons of St. Patrick. To buy tickets call Kevin Hoagland at 732-745-3818. We are trying to setup a table. Call Kenneth Vercammen if interested at 732-572-0500. The dinner draws influential attorneys, judges and professionals from Central NJ. Cocktails 7PM. Dinner at 8:30PM.
Mar 12 South Amboy Parade Saturday,
Inclement weather date is March 19, 2016
https://www.facebook.com/events/211746785844633
Mar 13 St. Paddy's 8k now [approx. 5 miles] 9:30 Freehold Keg of beer and some food great FARC event keg is outside. Dress warm FARC is a 501(c) 3 not for profit organization. which typically donate over $25,000 each year to local charities.
https://www.facebook.com/events/1542842286035501/
Mar 13 Woodbridge Parade (steps off at 1:30 pm)
https://www.facebook.com/events/1639220333019786/
Mar 14 NJSBA Municipal Court Section meeting 4-6 Law Center
Mar 19 Keyport Saint Patrick's Day Parade at 1:00 PM.
https://www.facebook.com/Keyport-St-Patricks-Day-Parade-197482333774820/
Or Highlands Saint Patrick's Day Parade at 2.00 pm
https://www.facebook.com/events/313870302136949/
Mar 20 Miles for Music 20K Race Johnson Park,
Piscataway 9am and 5k FB
https://www.facebook.com/events/1698296557083093/
5. The following are MVC Points for NJ Motor Vehicle Violations.
VIOLATION
POINTS
27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
2
27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
4
27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
2
39:3-29 Operating Constructor vehicle in excess of 30 mph
3
39:4-14.3 Operating motorized bicycle on restricted highway
2
39:4-14.3d More than 1 person on a motorized bicycle.
2
39:4-35 Failure to yield to pedestrian in crosswalk
2
39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk
2
39:4-41 Driving through safety zone.
2
39:4-52 Racing on Highway
5
39:4-55 Improper action or omission on grades and curves
2
39:4-57 Failure to observe directions of officer.
2
39:4-66 Failure to stop before crossing sidewalk
2
39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway
2
39:4-66.2 Driving on private property to avoid traffic signal or stop sign
2
39:4-71 Improper driving on sidewalk
2
39:4-80 Failure to obey direction of officer
2
39:4-81 Failure to observe traffic signal
2
39:4-82 Failure to keep right
2
39:4-82.1 Improper operating of vehicle on divided highway or divider
2
39:4-83 Failure to keep right at intersection
2
39:4-84 Failure to pass right of vehicle proceeding in opposite direction
5
39:4-85 Improper passing on right or off roadway
4
39:4-85.1 Wrong way on one-way street
2
39:4-86 Improper passing, in "No Passing" zone
4
39:4-87 Failure to yield to overtake vehicle
2
39:4-88 Failure to observe traffic lanes
2
39:4-89 Tailgating
5
39:4-90 Failure to yield at intersection
2
39:4-90.1 Failure to use proper entrances to limited access highway
2
39:4-91 Failure to yield to emergency vehicle
2
39:4-91-92
Failure to yield to emergency vehicles 2
2
39:4-96 Reckless driving
5
39:4-97 Careless driving
2
39:4-97a Destruction of agricultural or recreational property
2
39:4-97.2 3rd offense 4 points
39:4-97.1 Slow speed blocking traffic
2
39:4-98 or Speeding up to 14mph above limit
2
39:4-99 Speeding 15-29 mph above limit
4
Speeding 30 mph or more above limit
5
39:4-105 Failure to stop at traffic light
2
39:4-115 Improper turn at traffic light
3
39:4-119 Failure to stop at flashing red signal
2
39:4-122 Failure to stop for police whistle
2
39:4-123 Improper right or left turn
3
39:4-124 Improper turn: from approved turning course
3
39:4-125 Improper U-turn
3
39:4-126 Failure to give proper signal
2
39:4-127 Improper backing or turn in street
2
39:4-127.1 Improper crossing of railroad grade crossing
2
39:4-127.2 Improper crossing of bridge
2
39:4-128 Improper crossing of railroad grade crossing by certain vehicles
2
39:4-128.1 Improper passing of school bus
5
39:4-128.4 Improper passing of frozen dessert truck
4
39:4-129 Leaving scene of accident- No injuries
2
39:4-129 Personal Injury
8
39:4-144 Failure to observe of stop or yield signs
2
39:5D-4 Moving violation out-of-state
2
http://www.njlaws.com/dmv_and_points.htm
1. Recent cases: Hearsay Rules Permitted Introduction of Drug and School Zone Map.
2. Physical Contact not Required if Leaving the Scene.
3. Pat-down in Safer Area Permitted.
4. Community Events
5. The following are MVC points for NJ Motor Vehicle violations.
1. Hearsay Rules Permitted Introduction of Drug and School Zone Map. State vs. Wilson 442 NJ Super. 224 (App. Div. 2015)
Admission of an official park-zone map, see N.J.S.A. 2C:35-7.1(e), does not violate the Confrontation Clause.
2. Physical Contact Not Required if Leaving the Scene. State vs. Sene __ NJ Super. __ (App. Div. 2015) A-2256-13T1
The question of first impression presented on this appeal is whether contact between defendant's vehicle and a victim is a necessary element of leaving the scene of an accident in violation of N.J.S.A. 2C:11-5.1. Defendant was driving a taxi when a pedestrian stepped into his lane of traffic. The pedestrian fell into the adjoining lane of traffic and was killed when she was run over by another vehicle. Defendant did not stop his taxi at the scene and left without speaking to anyone. A jury convicted him of leaving the scene of a fatal motor vehicle accident under N.J.S.A. 2C:11-5.1. On appeal, defendant contends that a necessary element to the crime is contact between his vehicle and the victim. The Court disagrees and holds that such contact is not an element of this crime. The Court also hold that N.J.S.A. 2C:11-5.1 is not unconstitutionally vague. We, therefore, affirm defendant's second-degree criminal conviction.
3. Pat-down in Safer Area Permitted. State v. Watts __ NJ __ (2015) (A-21-14)
The police did not act in an objectively unreasonable manner in violation of the Federal and State Constitutions by conducting an initial pat-down of defendant and detaining defendant for a thorough search in a more controlled, safe, and secure location.
4. Community Events:
Mar 7 Municipal Court College 5:30-9 Law Center
2016 MUNICIPAL COURT COLLEGE
https://www.facebook.com/events/1674456042792968/
Mar 8 Edison Library
Wills, Estate Planning & Probate Seminar
at 7pm Free community program
https://www.facebook.com/events/1262180170466016/
Mar 10 Wills & Power of Attorney Seminar at 7pm
Piscataway Library Kennedy Branch
500 Hoes Lane Piscataway NJ 08854
https://www.facebook.com/events/191720137852734/
Mar 11 Friendly Sons of St. Patrick dinner, Friday
This year's dinner will be held at the Pines Manor in Edison, NJ. Black tie, men only, The recipient of "Irishman of the Year" is PBA President Pat Colligan. Tickets are $100 and made payable to Friendly Sons of St. Patrick. To buy tickets call Kevin Hoagland at 732-745-3818. We are trying to setup a table. Call Kenneth Vercammen if interested at 732-572-0500. The dinner draws influential attorneys, judges and professionals from Central NJ. Cocktails 7PM. Dinner at 8:30PM.
Mar 12 South Amboy Parade Saturday,
Inclement weather date is March 19, 2016
https://www.facebook.com/events/211746785844633
Mar 13 St. Paddy's 8k now [approx. 5 miles] 9:30 Freehold Keg of beer and some food great FARC event keg is outside. Dress warm FARC is a 501(c) 3 not for profit organization. which typically donate over $25,000 each year to local charities.
https://www.facebook.com/events/1542842286035501/
Mar 13 Woodbridge Parade (steps off at 1:30 pm)
https://www.facebook.com/events/1639220333019786/
Mar 14 NJSBA Municipal Court Section meeting 4-6 Law Center
Mar 19 Keyport Saint Patrick's Day Parade at 1:00 PM.
https://www.facebook.com/Keyport-St-Patricks-Day-Parade-197482333774820/
Or Highlands Saint Patrick's Day Parade at 2.00 pm
https://www.facebook.com/events/313870302136949/
Mar 20 Miles for Music 20K Race Johnson Park,
Piscataway 9am and 5k FB
https://www.facebook.com/events/1698296557083093/
5. The following are MVC Points for NJ Motor Vehicle Violations.
VIOLATION
POINTS
27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
2
27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
4
27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
2
39:3-29 Operating Constructor vehicle in excess of 30 mph
3
39:4-14.3 Operating motorized bicycle on restricted highway
2
39:4-14.3d More than 1 person on a motorized bicycle.
2
39:4-35 Failure to yield to pedestrian in crosswalk
2
39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk
2
39:4-41 Driving through safety zone.
2
39:4-52 Racing on Highway
5
39:4-55 Improper action or omission on grades and curves
2
39:4-57 Failure to observe directions of officer.
2
39:4-66 Failure to stop before crossing sidewalk
2
39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway
2
39:4-66.2 Driving on private property to avoid traffic signal or stop sign
2
39:4-71 Improper driving on sidewalk
2
39:4-80 Failure to obey direction of officer
2
39:4-81 Failure to observe traffic signal
2
39:4-82 Failure to keep right
2
39:4-82.1 Improper operating of vehicle on divided highway or divider
2
39:4-83 Failure to keep right at intersection
2
39:4-84 Failure to pass right of vehicle proceeding in opposite direction
5
39:4-85 Improper passing on right or off roadway
4
39:4-85.1 Wrong way on one-way street
2
39:4-86 Improper passing, in "No Passing" zone
4
39:4-87 Failure to yield to overtake vehicle
2
39:4-88 Failure to observe traffic lanes
2
39:4-89 Tailgating
5
39:4-90 Failure to yield at intersection
2
39:4-90.1 Failure to use proper entrances to limited access highway
2
39:4-91 Failure to yield to emergency vehicle
2
39:4-91-92
Failure to yield to emergency vehicles 2
2
39:4-96 Reckless driving
5
39:4-97 Careless driving
2
39:4-97a Destruction of agricultural or recreational property
2
39:4-97.2 3rd offense 4 points
39:4-97.1 Slow speed blocking traffic
2
39:4-98 or Speeding up to 14mph above limit
2
39:4-99 Speeding 15-29 mph above limit
4
Speeding 30 mph or more above limit
5
39:4-105 Failure to stop at traffic light
2
39:4-115 Improper turn at traffic light
3
39:4-119 Failure to stop at flashing red signal
2
39:4-122 Failure to stop for police whistle
2
39:4-123 Improper right or left turn
3
39:4-124 Improper turn: from approved turning course
3
39:4-125 Improper U-turn
3
39:4-126 Failure to give proper signal
2
39:4-127 Improper backing or turn in street
2
39:4-127.1 Improper crossing of railroad grade crossing
2
39:4-127.2 Improper crossing of bridge
2
39:4-128 Improper crossing of railroad grade crossing by certain vehicles
2
39:4-128.1 Improper passing of school bus
5
39:4-128.4 Improper passing of frozen dessert truck
4
39:4-129 Leaving scene of accident- No injuries
2
39:4-129 Personal Injury
8
39:4-144 Failure to observe of stop or yield signs
2
39:5D-4 Moving violation out-of-state
2
http://www.njlaws.com/dmv_and_points.htm
