Tuesday, August 26, 2014
Avoiding Mandatory Driver's License Suspension in a NJ Possession Case Part 1/2
Consent to Enter Judgment in Eviction Cases where Tenant to Stay and Pay Part 1/2
Defense of Assault Charge when connected to Domestic Violence
Guardianship of Incapacitated Adults
Without a legal Power of Attorney or court ordered guardianship, even a spouse does not have the legal authority to sign their spouses signature. If a valid power of attorney is not legally prepared, signed and acknowledged in front of an attorney or notary, it is invalid.
Without a power of attorney, a Guardianship Order and Judgment must be obtained from the Superior Court to permit complete legal decision making.read details at http://www.njlaws.com/guardianship_of_disabled_adults.htm
To do:
. Opening of file and offer client information brochures
2. Draft Verified Complaint for Guardianship
3. Prepare Affidavit of Proposed Guardian in Support of Complaint for Guardianship
4. Affidavit of next of kin
5. Prepare AFFIDAVIT OF Doctor 1
6. Prepare CERTIFICATE OF Doctor 2
7. Letters to Doctors to be delivered by client
8. Prepare letter to client enclosing draft documents for client to carefully read
9. Prepare ORDER FOR HEARING
10. Contact client to request client have doctor sign affidavit
11. Attend to proposed Guardian signing complaint
12. Prepare letter to court with signed complaint and 2 doctor certificate
Defense of DWI Blood case
BLOOD TEST "REPORTS" ARE HEARSAY, WHICH MAY BE INADMISSIBLE
Blood test results, documents and papers are writings and thus hearsay. Under the evidence RULE 802. HEARSAY RULE : "Hearsay is not admissible except as provided by these rules or by other law. "
Admission of hearsay which is not admissible under any exception or other law and its use as a foundation for a conviction violates a defendant's Sixth Amendment right to confront witnesses against him. State v Long 255 NJ Super. 716, 726 (Law Div. 1993)
RULE 803. HEARSAY EXCEPTIONS NOT DEPENDENT ON DECLARANT'S UNAVAILABILITY
Detailed information at http://www.njlaws.com/handling_dwi_blood.html
Driver's License Suspension Hearings when involved in a Fatal accident.
Driver's License Suspension Hearings when involved in a Fatal accident.
If there is a fatal car accident in New Jersey, an investigation of the incident, whether performed by the State Police or by local police, shall be completed and forwarded to the director within 72 hours of the time of the accident.The Motor Vehicle Commission can then serve a proposed suspension on the driver if they were involved in the fatal accident and the MVC determined they committed a motor vehicle violation.
The driver can request a hearing in writing. The hearing is held in front an Administrative Law Judge. The following is the applicable statute.
NJSA 39:5-30 Suspension, revocation of registration, license certificates.
Tuesday, August 19, 2014
Leaving Scene of Accident with Property Damage
39:4-129. Action in case of accident [Leaving the scene] 39:4-129. (a) The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person shall
immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in
every event shall remain at the scene until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall
be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than
$500 nor more than $1,000 or be imprisoned for a period of 180 days, or both, for the first offense, and for a subsequent offense shall
be fined not less than $1,000 nor more than $2,000, or be imprisoned for a period of 180 days, or both. The term of imprisonment
required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted of violating this section. more info at http://www.njlaws.com/leaving_the_scene.htm
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