Mark Law Firm Blog

As counterintuitive as it might seem, New Jersey law does not treat drinking and riding a bicycle as a DUI offense. NJ Rev Stat § 39:4-50 (2016) defines DWI and DUI offenses as being limited to persons who operate a motor vehicle.

Although “wiretapping” sounds like something out of a spy movie or mafia crime ring investigation, it generally just refers to the act of recording a conversation (typically a conversation held over a telephone, hence the “wire” reference). There are many valid reasons you may want to record a telephone conversation or online video communication. You may record meetings with new clients to refer back to later and make notes, or you may want to take a recorded statement from a witness for an insurance investigation, for example. New Jersey’s wiretapping act regulates when and how it is legally allowable to record all kinds of oral communications.

Whether you’ve heard them buzzing around your neighborhood or seen them hovering in the park, drones are more popular than ever. Officially known as “unmanned aerial vehicles” (UAVs), drones are small, unmanned aircraft that either respond to the commands of a remote operator or follow a pre-programmed trajectory. Although they were initially developed by the military, they are now available across a broad spectrum of complexity and cost to hobbyists of all ages. But flying your own drone can land you in hot water if you aren’t aware of the rules and regulations that apply in New Jersey.

As the cold and flu season approaches, you may find yourself with a bad case of the sniffles, sneezes, and general misery. It’s important to consider how dangerous it is can be to drive while under the influence of cold medicine—or even just while impaired by the natural symptoms of your illness. Did you know that cold and flu symptoms can impair your driving as much as being intoxicated?

Across the nation, pranksters are dressing up like clowns to scare, provoke, or threaten unsuspecting strangers. Authorities have investigated incidents and arrested teenagers and adults in Pohatcong Township (Warren County), Monroe (Gloucester), Sparta and Stillwater (Sussex), Roselle Park (Union), Collingswood and Waterford (Camden), Fair Lawn (Bergen), Deptford and Washington (Gloucester), Parsippany (Morris), Woodstown (Salem), Cinnaminson (Burlington), Monroe and Spotswood (Middlesex), Toms River (Ocean), Bound Brook and North Plainfield (Somerset), and more. 

New Jersey is ramping up its crackdown on drinking and driving through the end of August and the busy Labor Day weekend holiday. This year, the state gave 158 New Jersey towns $5,000 each to set up DWI checkpoints and conduct roving patrols during this period. State and local law enforcement are joining with the National Highway Traffic Safety Administration in the “Drive Sober or Get Pulled Over” campaign.

Fifty years ago, the U.S. Supreme Court issued its ruling in Miranda v. Arizona. The landmark case requires that police officers inform arrestees about certain guaranteed rights: that they have the right to remain silent and the right to an attorney (at no cost if they cannot afford to hire one privately).   

But what happens if a person being taken into custody doesn’t speak English well enough to understand those rights?

Police officers are not generally allowed to search your car without a warrant unless there is “probable cause” (a reasonable belief that something dangerous or illegal is concealed in your car). New Jersey has also traditionally required that an officer BOTH have a reasonable, specific, articulable suspicion and demonstrate that “exigent circumstances” existed for the evidence obtained from a search to be admissible in court.[1] This was a higher standard than most of the rest of the United States state courts require and a higher standard than federal courts require.

“You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to an attorney…”

Everyone has seen a police show where an officer “reads someone his rights.” But what does that mean? What rights are they talking about, and why do they have to tell you about them?