Being convicted of driving under the influence in New Jersey can cost a defendant a lot. Besides losing your driving privileges, possibly spending time incarcerated and paying some hefty fines, having a DUI conviction on your record can crimp your future. Job...
The Law Offices of Anthony N. Palumbo
The future of marijuana in the US
With 2016 behind us, many people are looking hopefully to the year ahead. This may certainly be true if you are an advocate for marijuana decriminalization and more lenient laws in states like New Jersey. Several states now have laws that legalize or decriminalize...
Child pornography isn’t protected speech in New Jersey law
Obscenities are not protected free speech under the Constitution of the United States. The Supreme Court made that clear in 1957. What has remained less clear since then is just what can be considered obscene and thus illegal. According to that 1957 decision, the...
Handshakes don’t cut it if a quarrel leads to an assault charge
Back in the day, the rules of etiquette required that if you got into a fight in the schoolyard and a teacher broke things up, you would shake hands with your rival. An apology might even be called for. Does that ever happen anymore? These days in New Jersey and...
Reliable testing for THC impairment still a bridge too far
As was noted in our last post, social attitudes toward marijuana use seem to be easing. Legal attitudes, however, are proving to be moving at a much slower pace. Still, there are signs of change even there. Last month, a group of lawmakers from New Jersey went to...
The trouble with drug-impaired driving allegations
New Jersey, like many states, allows marijuana use for some medical reasons. The practice is strictly controlled. While social attitudes regarding marijuana seem to be relaxing, state laws are in flux and marijuana is still illegal under federal law. A major concern...
Death by Auto: 1 crime that could bring a felony DUI charge
As we have noted in previous posts, New Jersey drunk driving law differs somewhat from other states. Authorities consider first offenses traffic violations. Even so, penalties can be significant. To warrant a felony charge, the elements of the crime must be much more...
Refusal to attend Hoboken crash hearing sparks subpoena threat
There are some things you don't do. Sailors know you don't spit into the wind. Singer Jim Croce observed that you don't pull on Superman's cape. In New Jersey, if police and asked you to submit to a breath test, you don't refuse. It could result in the immediate loss...
Can I get a conditional license while suspended for a DUI?
If convicted of a DUI offense in New Jersey, your license will be suspended for a set period. This suspension starts at three months for a first offense (seven months if your BAC was above .10), and gets longer for subsequent DUI convictions. As we outlined in a...
How Do Breathalyzer Tests Work?
With most DUIs, the prosecution's case usually rests on the results of a blood alcohol content (BAC) test. Breathalyzer tests and blood screening are the most common methods used by law enforcement, though it is also possible to measure an individual's BAC using...