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What you should know about traffic tickets

Jan 18

Posted by admin in Traffic Law | No Comments


The following article was written by Theodore Sliwinski, Esq. and can be found on New-Jersey-Lawyers.com

A DRIVER CAN LOSE THEIR DRIVER’S LICENSE

In New Jersey a traffic ticket is not a simple case. It is a big mistake just to pay the traffic summons just to get the case over with. The MVC also known as the DMV, will put points on your driving record. If a driver gets just two or three summons on their record this can total up to enough points for them to lose their license. Moreover, if a driver gets too many points then this will cause them to receive expensive surcharges from the MVC. Sometimes the surcharges can total in the thousands of dollars! This is why it is important to contest each and every traffic ticket even if this is your first violation.

YOUR INSURANCE WILL GO UP DRAMATICALLY!

For many New Jersey citizens their auto insurance bill is one of their most expensive bills that they have to pay each and every year. The laws in New Jersey permit the insurance companies to impose steep increases upon people who are convicted of traffic violations. Just one traffic violation can cost you thousands of dollars in additional insurance costs! In the long run it is less expensive to hire a lawyer to fight the traffic ticket, than to pay for the increased insurance costs.

WHAT CAN A PERSON DO ABOUT THEIR TRAFFIC TICKET?

All people should fight their traffic ticket as aggressively as possible. Just because the cop wrote you the traffic ticket does not mean that you are guilty. Everyone deserves to have their day in court. Many times the cops don’t show up at court. The Municipal Courts are overwhelmed. You never know what could happen at Municipal Court? In one of my cases, I was able to get 14 points worth of tickets in a Municipal Court dropped because the police did not show up. A good traffic court lawyer can assist you to work out a “good deal” that can save you points, save your driver’s license, and save you thousands of dollars in insurance costs.

HOW CAN A LAWYER HELP YOU IN YOUR TRAFFIC COURT CASE?

The area of traffic law is getting more complex each and every year. There are a tremendous amount of defenses that are available to people who are issued traffic violations. Many times the Municipal Courts are so overwhelmed that they can’t try your case. A good traffic lawyer can emphasize this factor and any reasonable defenses to the prosecutor, and obtain a very good plea bargain or “deal.” An experienced traffic court lawyer can expose holes in the State’s case, and use these loopholes to obtain you the best possible outcome in your case.

Morre articles about New Jersey Traffic Law can be found at New-Jersey-Lawyers.com. New Jersey Traffic lawyers can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

 

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New Jersey Probate F.A.Q.’s

Jul 7

Posted by admin in DWI, Municipal Court, Traffic Law | No Comments


The following article was written by E. Gregory M. Cannarozzi, Counselor-at-Law, L.L.C. and can be found on New-Jersey-Lawyers.com

What is Probate?

Probate is the process by which your last Will is determined to be your final statement and confirms the appointment of the person or institution you have named to administer your estate. The term probate is also used in the larger sense of probating your estate. In this sense, probate means the process by which assets are gathered and applied to pay debts, taxes and expenses of administration, and distributed to those designated as beneficiaries in your Will.

How is a Will probated?

The following is a simplified outline of the general probate process:

  • The original Will is filed with the Court.
  • The Executor named in the Will or Administrator is appointed. Executors and Administrators are commonly referred to as Personal Representatives.
  • The Personal Representative files a Petition for Probate of the Estate.
  • For approximately nine months from the date of the Petition for Probate, creditors of the Estate can file claims against the Estate. This would include any prior creditors or judgment holders, debts resulting from last illness, funeral expenses, taxing authorities, etc.
  • During this time period, the Personal Representative has to identify and collect assets of the Estate. To do this, the Personal Representative finds all bank and security accounts, debts owed to the Decedent, property owned by the Decedent, etc. The Personal Representative also has to maintain the assets in good condition. This consists of maintaining insurance coverage, collecting rent, protecting assets from theft or damage, etc. The Personal Representative may also liquidate assets such as cars, real estate, etc. during this time.
  • When the nine-month claims period has expired, and when all assets have been collected, real property sold, and assuming no problems have presented themselves such as the Will being contested, the Personal Representative then files a petition with the probate court to allow a distribution of all remaining assets to the beneficiaries/heirs, and files a detailed accounting with the Court setting forth all monies received, monies disbursed, how assets were invested, and the proposed plan for distribution.
  • If the Court approves the plan, the Personal Representative then divides the assets as instructed in the Will, or as required by statute if no Will exists.

The minimum amount of time that the probate process can be completed is approximately nine months, but it normally takes longer. Reasons for delays can include Will contests, property cannot be sold, claimants not being notified in the original nine-month claim period, etc.

To find more articles about New Jersey  Wills and Probate Law can be found at New-Jersey-Lawyers.com.  New Jersey lawyers who can help with wills and estates in new jersey can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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Traffic Defense Frequently Asked Questions For New Jersey

Jun 27

Posted by admin in DWI, Municipal Court, Traffic Law | No Comments


The following article was written by E. Gregory M. Cannarozzi, Counselor-at-Law, L.L.C. and can be found on New-Jersey-Lawyers.com

When can my driver’s license be suspended or revoked?

Driving a car is considered a privilege– and the State of New Jersey will not hesitate to take it away, if a driver behaves irresponsibly on the road. A State may temporarily suspend your driving privileges for a number of reasons, including:

  • driving under the influence of alcohol or drugs
  • refusing to take a blood-alcohol test
  • driving without liability insurance
  • speeding
  • reckless driving
  • leaving the scene of an injury accident
  • failing to pay a driving-related fine
  • failing to answer a traffic summons, or
  • failing to file an accident report.

In addition, New Jersey uses a “point” system to keep track of a driver’s moving violations: each moving violation is assigned a certain number of points. If a driver accumulates too many points within a given period of time, the Motor Vehicle Commission (MVC) will suspend his or her license.

Why doesn’t New Jersey Motor Vehicle Commission (MVC) return a driver’s license after the period of suspension?

For security purposes, New Jersey MVC no longer maintains paper files. When a driver’s license is surrendered due to suspension, a notation is made on the driver history record and the actual document is destroyed. Text appears on the driver’s restoration notice to enable him or her to obtain a free replacement license at any Motor Vehicle Commission agency when the driving privilege is restored.

Should I plead guilty or not guilty to a traffic violation in a court of law?

To answer this question, you will have to factor in potential fines, penalties, surcharges, court costs, motor vehicle points, insurance eligibility points and effects on your driving privileges that will follow a guilty plea to the charged offenses.

If you plead not guilty, you have an opportunity to go to court and have a trial, at which the State, represented by the municipal prosecutor, will have to prove your guilt to the judge beyond a reasonable doubt. You can also plead not guilty and see if you or your lawyer can plea bargain with the municipal prosecutor for a factually similar, but legally different result. The municipal court judge, prosecutor and police officer all have access to your driving abstract, and this is a major factor in the State’s decision on the terms of a plea bargain.

Are there viable excuses or questions that might prevent an officer from issuing a traffic ticket?

As a general rule, if you are speeding to the hospital, or run a red light due to an emergency, a ticket will not likely be issued and you might get a police escort to accompany you. But in the end, the violator’s attitude really does make a difference whether or not a ticket is issued. The officer generally has the last word on traffic stops, and motorists can gain an advantage by being cooperative and patient with questions. Also, it doesn’t hurt to ask the officer for a warning.

To find more articles about New Jersey  Traffic law and motor vehicle law  can be found at New-Jersey-Lawyers.com.  new jersey traffic  lawyers can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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Choosing the Right DWI Lawyer

Apr 12

Posted by admin in DWI | No Comments


The following article was written by Theodore Sliwinski, Esq. and can be found on New-Jersey-Lawyers.com

Finding a lawyer who is experienced in handling DWI cases should be your top priority. DWI laws are constantly changing and the consequences of a conviction are becoming harsher and harsher, not to mention the negative impact of being labeled a criminal for the rest of your life.

If you have never been through this before, you probably don’t know who to call, and it seems lawyers are a dime a dozen. If you have been through this before and are searching for a different lawyer, you know just how important it is to hire an experienced DWI lawyer. You need to understand just because someone is a lawyer does not mean they have the necessary DWI experience to defend you and your DWI case.

Furthermore, not knowing what to look for in a DWI defense attorney makes the challenge of finding the right lawyer even more difficult. It is extremely important to find an experienced, competent DWI defense lawyer who knows how to investigate your case for factual and legal defenses, visit the scene with a camera for potential trial exhibits, interview witnesses, suppress evidence, compel discovery of offense reports and breath test maintenance records, negotiate for a dismissal or reduction in charges, obtain expert witnesses for trial, attempt to save your driving privileges, and who knows how to win the “difficult” case. In essence, you need a lawyer who will fight for you and leave no stone unturned in defending you. Remember, a conviction on your record will be there forever!

Contrary to popular belief, local bar association referral services are not necessarily a good source of information since they do not screen for qualifications. You are simply given the next name on the list. Likewise, any lawyer can take out an ad in the Yellow Pages, regardless of experience or ability.

You should attempt to retain a lawyer who devotes the majority of their practice to defending DWI cases. No lawyer can give you a guarantee on the outcome of your case (if one does, beware!); however, retaining a lawyer who concentrates on DWI defense will maximize your chances of being found Not Guilty.

If you do not have a sense of comfort and confidence after meeting with a lawyer about your case, you should continue to look.

After meeting with the lawyer, the following should be evident:

* The lawyer has extensive experience in litigating and trying DWI cases;
* The lawyer has a reputation for going to trial (not for pleading clients guilty);
* The lawyer has won difficult cases (they are not all talk);
* You feel comfortable in the manner in which the lawyer communicated with you (If you are not comfortable, do you think the jury would feel comfortable?);
* The lawyer listened to you (or did they do all the talking?);
* The lawyer was genuinely interested in you and your case;
* The financial agreement was clearly defined; and
* You have a strong sense of confidence in their ability to professionally and competently handle your case!

Another very important point to emphasize is to not overpay when you choose a lawyer. There are some DWI cases that just can’t be won. It makes no sense to a person to spend thousands of dollars on a DWI defense, when your chances to win are very low.

Also don’t be misled into believing that your lawyer is better if you pay him or her a larger retainer. This is a big myth! In New Jersey there is no right to a jury trial in a DWI case. Therefore, a DWI defendant can only win so many cases. If New Jersey gave defendants a right to a jury trial in a DWI case, then I am convinced that there would be a much higher rate of not guilty verdicts in DWI. However, New Jersey undoubtedly would increase the penalties for DWI if a right to a jury trial ever came into existence.

Given these circumstances, there really is no Johnny Cochran of DWI lawyers. Be smart when you choose your DWI lawyer. Don’t be talked into paying a $5,000 retainer, when your chances to prevail are low to begin with. There are many very qualified lawyers in New Jersey who will represent DWI defendants for an affordable fee.

To find more articles about New Jersey  DWI  can be found at New-Jersey-Lawyers.com.  new jersey DWI lawyer can be found at New-Jersey-Lawyers.com , NJLawFirms.net and Njlawyers-NewJerseyLawyers.com

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Boating Under the Influence

Oct 16

Posted by admin in DWI | No Comments


The following article was written by Theodore Sliwinski, Esq. and can can be found on New-Jersey-Lawyers.com
As the population grows in New Jersey more and more citizens use the rivers, bays and oceans each weekend for recreational boating activities. The huge number of sailboats, powered vessels, personal watercraft, and part fishing boats that can be seen at the seashore and on the lakes during each summer is a good indication of the popularity of leisure boating in New Jersey. Of course, with so many people operating so many vessels, the potential for accidents resulting in property damage, personal injury or death is great. This risk of a catastrophe is even more enhanced when the operator of the vessel in under the influence of alcohol or drugs…. click here to finish this article

For more information about  NJ Bankruptcy Law or to find a New Jersey Bankruptcy Lawyer.  Additional lists of NJ Law firms can be found here.

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Choosing the Right DWI Lawyer

Feb 9

Posted by admin in DWI | No Comments



Choosing the Right DWI Lawyer

by Theodore Sliwinski, Esq.

Finding a lawyer who is experienced in handling DWI’s should be your top priority. DWI laws are constantly changing and the consequences of a conviction are becoming harsher and harsher, not to mention the negative impact of being labeled a criminal for the rest of your life.

If you have never been through this before, you probably don’t know who to call, and it seems lawyers are a dime a dozen. If you have been through this before and are searching for a different lawyer, you know just how important it is to hire an experienced DWI lawyer. You need to understand just because someone is a lawyer does not mean they have the necessary DWI experience to defend you and your DWI case.

Click here to read the balance of this article. Click here if you need a New Jersey DWI Lawyer or visit www.New-Jersey-Lawyers.com for NJ Lawyers for all of your other NJ legal needs. You can also find for more listings of NJ DWI lawyers by going to NJLawFirms.net

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