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Wayne Legal Issues Blog

Contractor accused of theft for allegedly not returning deposit

A New Jersey contractor who reportedly refused to return a woman's deposit after she canceled repairs to her residence was taken into custody. The woman reportedly asked for the return of the deposit within three days after scheduling the repairs when she became suspicious of the man's services.

The woman reportedly needed to have her home raised to the new flood zone mandates resulting from Hurricane Sandy. She ultimately decided to have the contract reviewed by an attorney before canceling. The woman delivered the notice to the business within the appropriate period that had been mandated by the New Jersey Home Improvement Contractor Registration Act.

DWI dismissals on the rise: 3 ways to drop charges against you

Just because you face a DWI charge does not mean you will experience a conviction. According to recent reporting from NJ.com, the number of DWI dismissals is increasing. From 2008 to 2018, the DWI dismissal rate rose from 10.3 percent to 24.3 percent. 

This is solid evidence that it is possible to defend against DWI charges. Here are some strategies for avoiding a drunk driving conviction

About arson and associated charges

In the state of New Jersey, arson is defined as the malicious burning of property with intent. However, there are different degrees of arson and different types of arson crimes in general. While all of these arson crimes do involve the intentional burning of property, the consequences may vary.

The differing degrees of arson take different factors into account. For example, some of these factors may include whether the targeted building was occupied or if insurance fraud was intended. In general, arson crimes that are considered to be minor generally have punishments that are not as harsh. On the other hand, arson crimes that are considered to be more serious, such as intentionally setting a fire to an occupied building, will have punishments that are more severe. It should also be noted that a person who is accused of setting fire to his or her own property in an effort to get insurance money can be charged with both arson and with insurance fraud.

State to review DWI cases following testing scandal

New Jersey drivers who are facing a DWI charge may be interested to learn that, on May 4, it was reported that at least 20,000 cases may have been affected by potentially unreliable DWI test results. A 200-page report that was released by the state judiciary indicated that there were allegations of misconduct on behalf of a state trooper.

In 2016, a sergeant with the State Police Alcohol Drug Testing Unit was accused of lying on documents about performing temperature checks on the devices that measure drivers' blood alcohol levels. The temperature checks are required when calibrating the machines, which are known as Alcotest devices. Officials noted that the temperature checks were not scientifically accessory, though they are required under rules set by the Supreme Court.

The consequences of losing your temper in traffic

We understand that sharing the road with rude or inattentive drivers can be frustrating. A driver who cuts you off, follows you too closely or drifts into your lane could cause an accident and ruin your day. For you and other New Jersey residents who deal with these drivers every day, it can be tempting to retaliate and teach them a lesson. However, you need to know what can happen if you react angrily to another driver, even if it is in the heat of the moment and under normal circumstances, you would not have meant any harm.

The American Safety Council attributes 66 percent of car accident fatalities to some form of aggressive driving. Additionally, road rage has been deemed responsible for 12,610 injuries and 218 murders over a seven-year time frame. Yes, the law states that a traffic fatality caused by a snap judgment out of anger is murder.

Woman charged after traffic stop

On April 14 at about 10 a.m., police stopped a vehicle at southbound milepost 50 on the Garden State Parkway in New Jersey. Authorities pulled over the Nissan operated by a 31-year-old woman after receiving a call about a vehicle being driven erratically in the area. According to another driver who alerted authorities, the vehicle was going in and out of several lanes on Route 9.

Police were able to determine that the woman was impaired and had several controlled substances in the vehicle including heroin and crack cocaine. She was also in possession of needles and other drug paraphernalia. The driver was charged with possession of those substances, possession of drug paraphernalia and driving while intoxicated. According to authorities, the driver was released from custody and had a future court date.

Wrong-way driver charged with DWI

New Jersey State Police and Port Authority officers prevented possible tragedy when a car was spotted going in the wrong direction on Route 78. Multiple motorists reported the incident, which resulted in the arrest of a New York resident. The incident happened near Newark International Airport just before daylight on April 8th.

State officers were dispatched to the area after receiving reports of a sedan driving against traffic in the left lane of Route 78 in the vicinity of mile marker 58. Before they arrived, Port Authority police had observed and stopped the vehicle. According to reports, a 48-year-old male resident of Queens was stopped without incident, but officers quickly realized he was possibly intoxicated. In addition to the illegal driving, the man smelled of alcohol and had bloodshot eyes. His arrest report indicates that he failed other field sobriety tests.

What do I do if get pulled over for a DUI?

A night out at the bar in the Wayne area can lead to a DUI charge if you are not careful. There is nothing wrong with having a few drinks with friends and relaxing after work, but it is illegal to get behind the wheel if your blood alcohol content is 0.08 percent or higher.  

Often, people are not aware of how intoxicated they are until law enforcement pulls them over and they end up with DUI charges. If you ever find yourself at a DUI checkpoint or with the police in your rearview mirror, flashing their lights to pull you over, consider the following information about your rights. 

What counts as domestic violence in New Jersey?

The stereotypical scenario involving domestic violence generally is a husband or boyfriend hitting his female partner. While this is the reality for some couples, it is not the only form of domestic violence that can occur and lead to legal consequences.

In fact, if you face charges of domestic violence, you may wonder why when you have never physically abused your partner (or other household member). Being aware of what counts as domestic violence in New Jersey is imperative in defending your case and preventing it from happening again.

Man charged for stealing 3 pairs of tennis shoes

According to police officers with the Secaucus Police Department, a 41-year-old Jersey City man was taken into custody after he allegedly stole three pairs of tennis shoes. The incident reportedly occurred at the UPS facility where the man worked.

Officers reported to the UPS package delivery facility at 7:48 a.m. on March 15 after they were called. The 41-year-old man was taken into custody and was processed and then released. He was charged with theft. Officers reported that the value of the sneakers was $1,160, but they did not state what brand of shoes they were.

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Law Offices of Joel Bacher
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Wayne, NJ 07470

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