Pre Trial Intervention comes to New Jersey Municipal Courts

By |2017-08-31T20:42:41+00:00September 11th, 2013|Criminal Court, Municipal Court|

On September 9, 2013 Gov. Christie signed into law the provisions of assembly bill A3598 (Identical Bill Number: S2588) which creates for the first time a diversionary program for certain first offenders in municipal court.  Those first offenders that have been charged with a disorderly or petty disorderly persons offense can enter conditional pleas of [...]

Cell Phone Users: New Fines and Points?

By |2013-03-20T17:17:26+00:00March 20th, 2013|Municipal Court|

Please note that this Bill has passed BOTH houses of the New Jersey Legistlature and is awaiting being signed into law.  It was passed May 13, 2013.   The New Jersey Law Journal reports that S-69, was recently released from the Senate Law and Public Safety Committee and sent to the Senate Budget and Appropriations [...]

Appellate Court Rules in Seat Belt Issue

By |2013-03-20T17:14:50+00:00March 20th, 2013|Municipal Court|

Failing to wear seat belts can support a criminal conviction in New Jersey if accompanied by aggravating factors, a state appeals court held on Monday. The Appellate Division, in State v. Lenihan, A-4667-10, found that a violation of the Passenger Automobile Seat Belt Usage Act of 1984, which made seat belts mandatory, can serve as [...]

Are DMV surcharges dischargeable?

By |2013-03-20T17:13:29+00:00March 20th, 2013|Bankruptcy, Municipal Court|

There is case law in New Jersey that motor vehicle surcharges are dischargeable in a bankruptcy case. A wonderful opinion written by Judge Morris Stern in the Pulley case. However, a later case found that motor vehicle surcharges when reduced to judgment were statutory in nature. Statutory judgments are generally not dischargeable. In a nutshell, [...]

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