Proposed New Jersey Legislation Seeks to Protect Privacy Interests in Motor Vehicle’s “Black Box” Data

By Ellen Torregrossa-O'Connor |   Nov. 18, 2014

In past investigations into automobile collisions, drivers often faced little challenge to their claims that they adhered to speed limits but somehow lost control of the car, that they applied their brakes but could not slow down in time, or that they steered to avoid animals who invariably left no footprints as they scampered away leaving twisted metal and carnage in their wake. In the absence of full scale accident reconstruction investigations, such assertions could not be scientifically proven or dispelled, and accident causation was often left to a battle of credibility between biased and fallible “eye-witnesses.” Times have changed. Few drivers realize that today, even when they are alone in their vehicles, they travel with an ever-present eyewitness to their driving – the car itself.

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Topics : traffic, Scientific Evidence, Criminal Law, Vehicular Homicide, Death by Auto, Evidence, Accident Investigations | 0 Comments Read More

New Jersey’s New Law Mandates Video Cameras in Police Vehicles: When it Comes to Law Enforcement Encounters, a Video is Worth a Thousand Words

By Ellen Torregrossa-O'Connor |   Sep. 25, 2014

These days, cameras seem to be everywhere. From shameless “selfies” to stealthy surveillance videos, our every move seems to be memorialized in some way, like it or not. While some may long for more private times when many things were left to our memories and imaginations, there can be no doubt that, in the field of criminal law and law enforcement, the impact of a picture or video can be seismic. Many of us old enough to remember the Rodney King case still have those images seared in our memories – our first real glimpse into the elusive concept of “excessive force” and the power of a video recording.

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Topics : Legislation, traffic, New Jersey Laws, Criminal Law, Police Misconduct, Civil Rights Litigation | 0 Comments Read More

Mandatory Jail Means Mandatory Jail under New Driving While Suspended Statute

By Darren M. Gelber |   Aug. 27, 2014

As noted in an earlier post on this blog (click here), New Jersey recently enacted a statute that made driving with a suspended license an indictable offense in certain circumstances, requiring a mandatory minimum period of incarceration of at least 180 days in the county jail upon conviction.

As might be expected, attorneys representing defendants charged with this new offense have attempted to find ways for their clients to escape the mandatory six month jail sentence.

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Topics : traffic | 0 Comments Read More

BEWARE - Texting Someone You Know is Driving a Car May Make You Guilty of a Crime.

By Darren M. Gelber |   Sep. 9, 2013

A recent decision issued by the Superior Court, Appellate Division, Kubert v. Best, has garnered a fair degree of attention because of its clear impact on civil automobile accident litigation. In that case, the party who was injured in an automobile accident sought damages from those responsible for the accident. Not surprisingly, the driver of the other vehicle was sued, and in fact those claims were settled. What is remarkable about the case is that the plaintiff attempted to pursue another person named in the lawsuit, who was nowhere near the scene of the accident. The plaintiff attempted to hold the 17 year old female friend of the other driver responsible for his injuries. The 17 year old female was texting back and forth with her 18 year old friend, who was driving the other car that crashed into the plaintiff resulting in the plaintiff’s injuries.

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Topics : traffic, Crimes | 1 Comment Read More

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