Today's New Jersey papers are running a story touting Linden New Jersey Police Department's acquisition of their new Laser guns, also called LIDAR (light detection and ranging) which they will use as a tool to clock speeding drivers. You can read the full article here :
http://www.nj.com/news/local/index.ssf/2009/03/linden_cops_have_new_gun_in_fi.html
So what's the deal with these laser radar speed things anyway? If I get clocked by a laser will it stand up in court? Well the answer is not so simple.
Speed readings by the leading laser detection systems are generally admissible in a speeding prosecution without the need for the state to introduce expert testimony. However, if when you were clocked there was snow or even heavy rain falling and the officer was more than 1,000 feet away, it is much more difficult for the state to prove its case. In fact, they will need to bring in an expert witness to prove the machine functioned properly.
Also, it is incumbent upon the state to prove that the officer who was operating the laser gun preformed all of the procedures recommended by the device's manufacturer before using the gun to check your speed.
If you have been clocked by the LTI Marksman 20-20 Laser Speed Detection System you should contact an attorney or if you received another New Jersey Speeding Ticket ,you should contact an attorney to learn your rights and see if this frickin' laser beam will be able to stand up in court.
Please check out our site http://www.njdamages.com/ for more information on fighting and beating your speeding tickets.
Wednesday, March 25, 2009
Monday, January 26, 2009
Stupid sexy, speeding tickets.
I just got a traffic ticket, NOW WHAT?
Receiving a traffic ticket in New Jersey can be upsetting for so many reasons. First of all, you may not know what to expect. Your mind races with tons of questions like: Can I fight this ticket? Will this cost me a small fortune? Will my insurance premiums go up? Can I go to Jail? What is the cost of a speeding ticket? Do I need a Law firm or lawyer to represent me? Am I going to lose my license? Can I beat this ticket? Can I avoid traffic fines? Will I get points on my driver history record? To answer these complex questions is precisely why you want to hire a New Jersey Traffic Ticket Lawyer to guide you through what can be a difficult and unfamiliar process. .
BUT, can a Lawyer really beat my ticket?
Yes, but it depends what you mean by "beat." I have successfully had tickets dismissed outright, but more often I am able to negotiate with the prosecutor to have your charges amended to an offense with either a lower fine or fewer points, or both.
Want more information? Check www.njdamages.com
What are "points anyway"?
The New Jersey Motor Vehicle Commission tracks your driving record by using a points system. Think of it as a report card for drivers. However,unlike a school report card, bad marks, or excessive points on your driving record, can cost you money. Each specific violation has its own point value. If you get six points on your record within three years you will be assessed a surcharge by the Motor Vehicle Commission. If you receive twelve points, your license will be suspended. Also, points may seriously increase your insurance rates. If you want to see how many points you would be charged with if convicted, click Here.
For more information about beating your New Jersey Ticket, check out http://www.njdamages.com/about_firm.html Or if you just want to see our rates, check out http://www.njdamages.com/experience.html.
Receiving a traffic ticket in New Jersey can be upsetting for so many reasons. First of all, you may not know what to expect. Your mind races with tons of questions like: Can I fight this ticket? Will this cost me a small fortune? Will my insurance premiums go up? Can I go to Jail? What is the cost of a speeding ticket? Do I need a Law firm or lawyer to represent me? Am I going to lose my license? Can I beat this ticket? Can I avoid traffic fines? Will I get points on my driver history record? To answer these complex questions is precisely why you want to hire a New Jersey Traffic Ticket Lawyer to guide you through what can be a difficult and unfamiliar process. .
BUT, can a Lawyer really beat my ticket?
Yes, but it depends what you mean by "beat." I have successfully had tickets dismissed outright, but more often I am able to negotiate with the prosecutor to have your charges amended to an offense with either a lower fine or fewer points, or both.
Want more information? Check www.njdamages.com
What are "points anyway"?
The New Jersey Motor Vehicle Commission tracks your driving record by using a points system. Think of it as a report card for drivers. However,unlike a school report card, bad marks, or excessive points on your driving record, can cost you money. Each specific violation has its own point value. If you get six points on your record within three years you will be assessed a surcharge by the Motor Vehicle Commission. If you receive twelve points, your license will be suspended. Also, points may seriously increase your insurance rates. If you want to see how many points you would be charged with if convicted, click Here.
For more information about beating your New Jersey Ticket, check out http://www.njdamages.com/about_firm.html Or if you just want to see our rates, check out http://www.njdamages.com/experience.html.
Thursday, January 22, 2009
Dog bites, bite!
Dog bites, bite!
First let me say this: I am a dog lover. I have been a proud dog owner since I was a young boy and there are few things in life that give me more satisfaction than hanging with the pups in the dog park or taking Fido for a long walk on the beach. The undying and unwavering affection of a dog brightens many people's days, my own included.
However, not all dogs are well behaved all of the time. And, sometimes even good dogs turn bad at the drop of the hat.
That is why I love, love, love the New Jersey Dog Bite Statute . Unlike many other states, New Jersey holds dog owners accountable when their dog bites someone, regardless of whether the dog had ever been vicious before.
To me, this just makes sense. Even if Fido, is a great dog and is super affectionate, at the moment he bites someone they don't care how well behaved Fido normally is. The simple matter of fact is that Fido bit them and they have injuries as a result. I will not waste your time recounting the severe and permanent injuries that I have seen result from dog bites. Suffice to say, they run the gamut from a simple scratch to permanent facial scarring with blindness. In many other states, if the dog that bit you never bit anyone else, the owner is immune from liability despite the fact that you might have permanent pain and scarring the rest of your life.
The N.J. legislature really hit the nail on the head when they passed this statute. Why should an injured person have to prove that a dog had some "vicious propensity" prior to being able to sue for damages? Shouldn't the fact that the victim's current injuries came through no fault of their own, be sufficient to impose liability on the dog owner? Why should an innocent victim be left without remedy just because it was the dog's first time acting out? Imagine if we applied that reasoning to humans?!! Would we really pass a law that allows everyone to get one free assault before they can be sued civilly?
Mind you, just because Fido acted out once, it doesn't mean he is a bad dog and it certainly doesn't mean that he should be put down. However, his owners are still accountable under New Jersey law for his actions no matter if he had ever bitten someone before. I think that takes some of the sting out of the bite.
First let me say this: I am a dog lover. I have been a proud dog owner since I was a young boy and there are few things in life that give me more satisfaction than hanging with the pups in the dog park or taking Fido for a long walk on the beach. The undying and unwavering affection of a dog brightens many people's days, my own included.
However, not all dogs are well behaved all of the time. And, sometimes even good dogs turn bad at the drop of the hat.
That is why I love, love, love the New Jersey Dog Bite Statute . Unlike many other states, New Jersey holds dog owners accountable when their dog bites someone, regardless of whether the dog had ever been vicious before.
To me, this just makes sense. Even if Fido, is a great dog and is super affectionate, at the moment he bites someone they don't care how well behaved Fido normally is. The simple matter of fact is that Fido bit them and they have injuries as a result. I will not waste your time recounting the severe and permanent injuries that I have seen result from dog bites. Suffice to say, they run the gamut from a simple scratch to permanent facial scarring with blindness. In many other states, if the dog that bit you never bit anyone else, the owner is immune from liability despite the fact that you might have permanent pain and scarring the rest of your life.
The N.J. legislature really hit the nail on the head when they passed this statute. Why should an injured person have to prove that a dog had some "vicious propensity" prior to being able to sue for damages? Shouldn't the fact that the victim's current injuries came through no fault of their own, be sufficient to impose liability on the dog owner? Why should an innocent victim be left without remedy just because it was the dog's first time acting out? Imagine if we applied that reasoning to humans?!! Would we really pass a law that allows everyone to get one free assault before they can be sued civilly?
Mind you, just because Fido acted out once, it doesn't mean he is a bad dog and it certainly doesn't mean that he should be put down. However, his owners are still accountable under New Jersey law for his actions no matter if he had ever bitten someone before. I think that takes some of the sting out of the bite.
Thursday, January 8, 2009
Soft Tissue Terrors
Soft tissue damage hurts! It hurts like hell. Trust me, I know.
A few weeks ago, I took a colossal fall and jammed my shoulder into the ground (hold your laughter, this happens often, NJ Lawyer is a Klutz) . Thankfully, I did not break anything but I had "soft tissue damage" to my shoulder. As a result, I have daily aching and sharp pains all over my shoulder. I am constantly aware of my injury and can barely lift my arm over my head without wincing in pain. Sometimes it feels like there is a sharp electric current violently pushing its way through my shoulder. OUCH!
For those non-Md's reading this, soft tissue damage is any damage to muscles, tendons or ligaments. So for example, a torn ligament is considered soft tissue damage and was certainly serious enough to keep a rough and tough NFL player sidelined for a season. See for e.g Tom Brady. OK, he's not so rough and tough but you get my point.
I am not just relaying this information for anecdotal purposes however and NJ Lawyer is certainly not suing anybody for my fall (remember, I am a klutz?!!). However, my injury really got me thinking about those poor souls who are unlikely to collect damages under New Jersey law (or sister states with similar laws) when they get into an auto accident because most insurance companies refuse to settle with those victims who only have soft tissue damage.
For my out of state readers, or those who don't quite keep up on New Jersey automotive law, let me try to explain. In New Jersey there are two types of Auto Insurance available to the public and which type one chooses determines their ability to sue for and recover damages for pain and suffering at trial.
New Jersey's basic insurance policy, which most NJ citizens purchase, imposes a “verbal threshold” or “lawsuit limitation.” Under this policy, suits for pain and suffering are prohibited unless an injury results in :
Death;
Dismemberment;
Significant disfigurement or significant scarring;
Loss of a fetus;
Displaced fractures; or
A permanent injury within a reasonable degree of medical probability. An injury is considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment. N.J.S.A. 39:6A-8.
The caselaw has almost uniformly excluded those victims with soft tissue damages from being able to recover under the basic auto policy and the trend seems to be worsening with each reported decision. Thus, the insurance companies are becoming less and less likely to settle with otherwise injured victims.
So what's my point? Simple: That soft tissue damage can and often is excruciating and the maddening pain can last weeks, months or years even if its not considered permanent. It can even sideline NFL greats. Most people hear the term soft tissue damage to be synonymous with malingering and most times nothing could be further from the truth. The fact that it has become so hard for an injured party to recover damages related to this pain and suffering is unconscienable and inequitable and only serves the insurance companies' finacial interests.
To those who think that this is a good way to weed out those who are "faking " their injuries, I submit that cross examination of the treating Dr. and the victim, coupled with an independent medical examination would be a more appropriate way of arriving at the truth than summarily dismissing thousands of people's claims who are walking around in excruciating and constant pain.
OK, I'm done. I'm off to ice my aching shoulder.
A few weeks ago, I took a colossal fall and jammed my shoulder into the ground (hold your laughter, this happens often, NJ Lawyer is a Klutz) . Thankfully, I did not break anything but I had "soft tissue damage" to my shoulder. As a result, I have daily aching and sharp pains all over my shoulder. I am constantly aware of my injury and can barely lift my arm over my head without wincing in pain. Sometimes it feels like there is a sharp electric current violently pushing its way through my shoulder. OUCH!
For those non-Md's reading this, soft tissue damage is any damage to muscles, tendons or ligaments. So for example, a torn ligament is considered soft tissue damage and was certainly serious enough to keep a rough and tough NFL player sidelined for a season. See for e.g Tom Brady. OK, he's not so rough and tough but you get my point.
I am not just relaying this information for anecdotal purposes however and NJ Lawyer is certainly not suing anybody for my fall (remember, I am a klutz?!!). However, my injury really got me thinking about those poor souls who are unlikely to collect damages under New Jersey law (or sister states with similar laws) when they get into an auto accident because most insurance companies refuse to settle with those victims who only have soft tissue damage.
For my out of state readers, or those who don't quite keep up on New Jersey automotive law, let me try to explain. In New Jersey there are two types of Auto Insurance available to the public and which type one chooses determines their ability to sue for and recover damages for pain and suffering at trial.
New Jersey's basic insurance policy, which most NJ citizens purchase, imposes a “verbal threshold” or “lawsuit limitation.” Under this policy, suits for pain and suffering are prohibited unless an injury results in :
Death;
Dismemberment;
Significant disfigurement or significant scarring;
Loss of a fetus;
Displaced fractures; or
A permanent injury within a reasonable degree of medical probability. An injury is considered permanent when the body part or organ, or both, has not healed to function normally and will not heal to function normally with further medical treatment. N.J.S.A. 39:6A-8.
The caselaw has almost uniformly excluded those victims with soft tissue damages from being able to recover under the basic auto policy and the trend seems to be worsening with each reported decision. Thus, the insurance companies are becoming less and less likely to settle with otherwise injured victims.
So what's my point? Simple: That soft tissue damage can and often is excruciating and the maddening pain can last weeks, months or years even if its not considered permanent. It can even sideline NFL greats. Most people hear the term soft tissue damage to be synonymous with malingering and most times nothing could be further from the truth. The fact that it has become so hard for an injured party to recover damages related to this pain and suffering is unconscienable and inequitable and only serves the insurance companies' finacial interests.
To those who think that this is a good way to weed out those who are "faking " their injuries, I submit that cross examination of the treating Dr. and the victim, coupled with an independent medical examination would be a more appropriate way of arriving at the truth than summarily dismissing thousands of people's claims who are walking around in excruciating and constant pain.
OK, I'm done. I'm off to ice my aching shoulder.
Tuesday, January 6, 2009
You Get What You Pay For
In a world with so much business antagonism and where companies are more than eager to undercut their competition, it is becoming increasingly significant to remember the age old maxim that “you get what you pay for” or its corollary: “if you pay peanuts, you get monkeys”.
Recently on twitter.com I posed the question whether there were” any opinions on the best way to explain to a potential client the benefits of having an attorney form their LLC versus an online service?” (by the way if you are not following me on twitter, here is a link to my profile: http://twitter.com/NJLawyer) . Plenty of people tweeted answers to my query but I noticed the same theme running through each of them: that having real live human interaction is worth the extra money.
Why? Why is a real live human worth the money?
First, a human is able to respond to your specific questions as they relate to your company. You are not referred to a one-size-fits-all FAQ page and left to sink or swim. An attorney can explain the tax nuances and business strategy as it relates to your business. An attorney can also help draft an operating agreement tailored to your specific needs instead of leaving you with a generic boilerplate agreement that may or may not be best for your company.
Second, Most online services do not even have actual attorneys review their filings. At least one attorney indicated that she had to undo what one of these online services did. By that time her client likely paid twice the amount she would have if she had just hired an attorney to handle the formation initially and she would have been up and running in half the time.
Third, accountability. If you are dissatisfied with an online service’s performance what remedies do you have available to you? Perhaps you could call and complain to their customer service representative in Mumbai or even file a complaint with the Better Business Bureau. However, a competent attorney on the other hand, when faced with a complaint from a real client sitting across his desk should do his best to fairly and reasonably compensate you. It is much harder to ignore someone’s complaints if they are making eye contact with you.
Additionally, think of it as investment in your business and what could be the beginning of a wonderful business relationship. The few extra dollars you spend using a real attorney to form your corporate entity might be paid back in turn when the attorney makes an additional recommendation towards your fledgling company or emails you a relevant article two weeks later concerning your business issue. See if legal zoom will do that.
Recently on twitter.com I posed the question whether there were” any opinions on the best way to explain to a potential client the benefits of having an attorney form their LLC versus an online service?” (by the way if you are not following me on twitter, here is a link to my profile: http://twitter.com/NJLawyer) . Plenty of people tweeted answers to my query but I noticed the same theme running through each of them: that having real live human interaction is worth the extra money.
Why? Why is a real live human worth the money?
First, a human is able to respond to your specific questions as they relate to your company. You are not referred to a one-size-fits-all FAQ page and left to sink or swim. An attorney can explain the tax nuances and business strategy as it relates to your business. An attorney can also help draft an operating agreement tailored to your specific needs instead of leaving you with a generic boilerplate agreement that may or may not be best for your company.
Second, Most online services do not even have actual attorneys review their filings. At least one attorney indicated that she had to undo what one of these online services did. By that time her client likely paid twice the amount she would have if she had just hired an attorney to handle the formation initially and she would have been up and running in half the time.
Third, accountability. If you are dissatisfied with an online service’s performance what remedies do you have available to you? Perhaps you could call and complain to their customer service representative in Mumbai or even file a complaint with the Better Business Bureau. However, a competent attorney on the other hand, when faced with a complaint from a real client sitting across his desk should do his best to fairly and reasonably compensate you. It is much harder to ignore someone’s complaints if they are making eye contact with you.
Additionally, think of it as investment in your business and what could be the beginning of a wonderful business relationship. The few extra dollars you spend using a real attorney to form your corporate entity might be paid back in turn when the attorney makes an additional recommendation towards your fledgling company or emails you a relevant article two weeks later concerning your business issue. See if legal zoom will do that.
Sunday, January 4, 2009
What kind of lawyer am I?
“What kind of lawyer are you?” I was innocuously asked over dinner last night. Now it took every ounce of restraint in my body not to shoot back an obviously clichéd, vaguely-humorous, answer like, an “excellent one”, but somehow I managed.
However, the answer I eventually gave was sub-par and the question lingered with me and really got me thinking, “what kind of lawyer am I?” Well, I handle all sorts of civil litigation however I also regularly handle criminal defense and counsel start-up businesses. I also handle a great deal of consumer class action work as well as commercial litigation. Not to mention that I am constantly litigating personal and catastrophic injury cases. So, what kind of lawyer am I? What kind of lawyer am I, really? I am inclined to just tell the next person that asks me what kind of lawyer I am that I am a trial attorney and leave it at that but would that being selling myself short?
Certainly a great deal of the work I do involves litigation but when I counsel clients I am certainly not litigating. When I am drafting contracts or advising on how to mitigate business risk, I am not litigating, albeit I am using my litigation experiences to craft strategy. So what kind of lawyer am I? How can I explain all the services I offer in one short answer?
The world, especially the legal industry has been so professionally-compartmentalized that most people have a stock answer to the “what do you do question”. Oh, I am a federal securities attorney or I am an energy regulatory attorney or I am a geography teacher, but what about me? I think I remember a message board for solo attorneys pondering a similar question last year, but I am not a solo attorney and I don’t think they ever came up with an answer for those of us who do not quite know how to explain all of our services.
Do any of my readers (all six of you) find yourselves in a similar situation? How do you respond? Do any of you have any advice?
Right now, the answer to the question,” what kind of attorney are you?” would be ”an incredibly hungry one”. And, with that, I am off to dinner.
Saturday, January 3, 2009
Culinary Complaints
Yesterday, famed New York Times food critic, Frank Bruni published his culinary wish list for 2009. http://dinersjournal.blogs.nytimes.com/2009/01/02/wishes-for-a-new-year/ Now there is no doubt Mr. Bruni knows his stuff but I think there are a few things he might have missed.
1. Enough with the Mac and Cheese already. First of all let me say this : I love mac and cheese and I know everyone grew up on the comfort of Kraft's orange goodness but does this ubiquitous side dish really need to be offered at every high end restaurant? I don't care how much Gruyere or Truffles you spike it with, it still does not belong next to my porterhouse. This one of those dishes that has it time and place , namely Sunday afternoon at s'mac ( http://www.smacnyc.com/), not Saturday night at Kefi (http://www.kefirestaurant.com/).
2. Red Zinfandel is delicious and should be a primary offering on any wine list. This is not the sugary sweet, pink, juice-like concoction that most people think of when they imagine Zinfandel. Zinfandel is a great grape and makes a great red wine. Many of the best come from cool coastal location such as Napa Valley (http://www.brownestate.com/). It is usually spicy, peppery and mildly fruity. It stands up to bold dishes superbly and can be paired with anything from lamb to tomato-based sauces. Stop relegating to the back of the list.
3. Cupcakes are overrated. Sure they are fun, the same way mac and cheese is fun but the cupcake Will never be as delicious or intricate as an actual cake, much less one with layers. Nuff' said.
4. Either serve exclusively small plates or serve exclusively entrees. Ordering off a menu that has a mix of tapas style dishes and regular entrees (and sometimes,the oh-so-feared third type of plate which is actually a hybrid of a small plate and an entree) induces LSAT-like anxiety in my soul. I never know how many of each size plate I should order and the cynic in me never trusts the waiter's recommendations. Just choose a style and stick to it.
5. If you are promoting farm fresh or sustainable agriculture on your menu DO NOT SERVE SODA. I cant stand the hypocrisy of a restaurant that will only serve organic free range chickens and hormone free milk but has absolutely no problem plopping down two gurgling mugs of processed high fructose corn syrup on the table right next to the organic Arugula.
6. More beer bars. When I first moved from Philadelphia to New York (yes, NJ lawyer lives in New York but dutifully drives every day to his home state to represent its citizens and businesses) I immediately looked for a high end beer bar like his favorite place in Philly http://www.monkscafe.com/. I know there are plenty of gastro-pubs in the city but not enough of them center on the amazing and varied choices of excellent beers available on tap. In other words they are too much "gastro" not enough "pub". Get on that, New York.
7. Where have all the Italian places gone? It used to be that Italian food (the southern stuff: red sauces, sausage, mozzarella cheese etc.) was the go-to cuisine of the masses. Now a quick glance at seamlesweb.com's offering for my neighborhood (the upper west side) Offers six Thai places for every Italian place. Even more surprising is that there are 8 Sushi places for each Italian place. Don't get me wrong I love some tom yum soup and spicy scallop rolls as much as the next guy (maybe even more than the next guy) but where, oh where, have my pasta joints gone? Mama Mia!!
1. Enough with the Mac and Cheese already. First of all let me say this : I love mac and cheese and I know everyone grew up on the comfort of Kraft's orange goodness but does this ubiquitous side dish really need to be offered at every high end restaurant? I don't care how much Gruyere or Truffles you spike it with, it still does not belong next to my porterhouse. This one of those dishes that has it time and place , namely Sunday afternoon at s'mac ( http://www.smacnyc.com/), not Saturday night at Kefi (http://www.kefirestaurant.com/).
2. Red Zinfandel is delicious and should be a primary offering on any wine list. This is not the sugary sweet, pink, juice-like concoction that most people think of when they imagine Zinfandel. Zinfandel is a great grape and makes a great red wine. Many of the best come from cool coastal location such as Napa Valley (http://www.brownestate.com/). It is usually spicy, peppery and mildly fruity. It stands up to bold dishes superbly and can be paired with anything from lamb to tomato-based sauces. Stop relegating to the back of the list.
3. Cupcakes are overrated. Sure they are fun, the same way mac and cheese is fun but the cupcake Will never be as delicious or intricate as an actual cake, much less one with layers. Nuff' said.
4. Either serve exclusively small plates or serve exclusively entrees. Ordering off a menu that has a mix of tapas style dishes and regular entrees (and sometimes,the oh-so-feared third type of plate which is actually a hybrid of a small plate and an entree) induces LSAT-like anxiety in my soul. I never know how many of each size plate I should order and the cynic in me never trusts the waiter's recommendations. Just choose a style and stick to it.
5. If you are promoting farm fresh or sustainable agriculture on your menu DO NOT SERVE SODA. I cant stand the hypocrisy of a restaurant that will only serve organic free range chickens and hormone free milk but has absolutely no problem plopping down two gurgling mugs of processed high fructose corn syrup on the table right next to the organic Arugula.
6. More beer bars. When I first moved from Philadelphia to New York (yes, NJ lawyer lives in New York but dutifully drives every day to his home state to represent its citizens and businesses) I immediately looked for a high end beer bar like his favorite place in Philly http://www.monkscafe.com/. I know there are plenty of gastro-pubs in the city but not enough of them center on the amazing and varied choices of excellent beers available on tap. In other words they are too much "gastro" not enough "pub". Get on that, New York.
7. Where have all the Italian places gone? It used to be that Italian food (the southern stuff: red sauces, sausage, mozzarella cheese etc.) was the go-to cuisine of the masses. Now a quick glance at seamlesweb.com's offering for my neighborhood (the upper west side) Offers six Thai places for every Italian place. Even more surprising is that there are 8 Sushi places for each Italian place. Don't get me wrong I love some tom yum soup and spicy scallop rolls as much as the next guy (maybe even more than the next guy) but where, oh where, have my pasta joints gone? Mama Mia!!
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