Showing posts with label DUI Lawyers in NJ. Show all posts
Showing posts with label DUI Lawyers in NJ. Show all posts

Friday, June 26, 2015

Don't Live Your Life Without Health Care, Tips For The Best Options!

www.simonattorneys.com


Trying to figure out which health insurance to buy is almost as difficult as doing your own taxes. You need information and solid advice in order to choose a health insurance that works for you. The tips in this article will help you focus on the important things without getting overwhelmed by details that do not matter.

To defray the cost of medical expenses, you should carry health insurance. Even though you may have a savings account, medical bills can still wipe you out financially because they are often much more than any cash you may have on hand. For instance, an appendectomy can cost as much as $32,000 and heart surgery can be as high as $100,000, depending on what you're having done. These are expenses that would have to come out of your pocket, if you don't have insurance.

Health insurance may not completely cover the cost of birth control or well-woman visits with your physician. An alternative to a regular gynecologist is Planned Parenthood, which offers exams, counseling and birth control on a sliding scale, meaning the amount you are charged is based on your ability to pay. County health clinics may also offer these services.

If you, or any of your family members, have vision issues, then it is a good idea to get optical insurance. Vision insurance covers a part of your eye exams and will also pay for at least part of your contact lense or eyeglass purchases. Vision insurance isn't mandatory and therefore may not be worth the cost for some individuals.

It is easy to focus on the wrong things when trying to choose a health insurance plan. There are so many different plans and it can be very confusing. Following the advice in this article should help you focus on what is important and help you know how to make the best decision for you.



Simon Law Group is a Top New Jersey based law firm, providing a comprehensive range of legal services to businesses and individuals in New Jersey.
Simon Law Group is the place where businesses and individuals turn when they face complex legal issues. We are dedicated to provide high-quality legal services to our customers and clients at market competitive prices. Our mission is to improve the effectiveness of business operations and help our customers understand and comply with New Jersey rules and regulations.
Simon Law Group offers a comprehensive range of legal consultation services. Our expert attorneys provide practical, reliable, accessible, and cost-effective legal consultation services in a multitude of areas such as:

Bankruptcy, Criminal Offenses, Family Law, Landlord and Tenant Rights, Wills and Estates and Driving Under Influence (DUI) Defence


If you would like a free consultation with our expert attorneys in New Jersey, please fill out our online form and we will call you as soon as possible. You can also talk to our attorneys at 800-709-1131.

Wednesday, June 10, 2015

DUI- Blood Taken May Be Barred




DUI Update

BLOOD TAKEN AT HOSPITAL MAY BE BARRED AS EVIDENCE IN DUI MATTERS

The United States Supreme Court said, in Missouri v. McNeely, No. 11-1425, on April 17 that as a general rule, police must obtain a search warrant or consent in order to extract blood from a driver to test for alcohol.

NJ DUI Attorney, Blood draw illegal
This has long been an issue and finally peoples personal rights are be considered.  An individual need not agree to allowing his blood be taken unless there is a court order.

Defense lawyers say they expect to file more suppression motions as a result of a recent, favorable U.S. Supreme Court ruling on drunken driving.

Previously the New Jersey Courts felt that the fact that the passage of time would cause a drop in blood-alcohol levels was deemed a sufficient exigency to justify an exception to the Fourth Amendment requirement for a Warrant.  Now New Jersey must adhere to the rights of the people.

While in the McNeelycase the drop in Alcohol levels may support an emergent circumstance in that  particular case. It does not do so as a matter of rule..

Judges must hear the evidence and decide on a case by case, based on the totality of the circumstances. This will make it a harder decision for police to make and may even subject Police and Police agencies to law suits for violations of and persons rights.

To date New Jersey courts have allowed police to require blood testing so long as it is not taken by force. This new decision of the Supreme Court will require Police to obtain a consent waiver or a Warrant.   .

Lawyers must now deal with questions raised bythis case including if the n

ew case law will be applied retro actively. Defense Attorney Britt J. Simon says that there is “no reason that the Supreme Court decision shouldn’t apply to ALL case, new and old”. 

Simon went on to say that many people convicted of DUI inNew Jersey may have the opportunity to have their case overturned and potentially get a dismissal of all the DUI charges.

Another issue raised by McNeely is the warning police will likely have to give in seeking consent to a blood test, similar to when they seek consent to search a vehicle.

The big question will be, will the New Jersey Courts make getting a Warrant an easy task?   Simon says that the idea of making the State intrude into an individual’s body for the purpose of extracting ones blood is troubling.  The idea that a Police officer can make a determination, not for the health or wellbeing of the individual, to pierce a needle through the body and into the veins of another should be guarded against.  The assault of a person by the State with the sole purpose of obtaining evidence to use against them is disturbing.


Call today to speak with a NJ DUI Attorney about your NJ DUI Arrest. 800-709-1131

Tuesday, June 9, 2015

UNDERAGE DUI



All for your FREE consultation 800-709-1131

Underage Drinking AttorneyHas your son or daughter been charged with underage drinking?

UNDERAGE DRINKING

A drinking and driving charge is a serious offense and the impact of a conviction can be even more significant for someone who is under legal drinking age and just beginning their adult life.

If you are under 21 years old and are convicted for driving or boating with a BAC of .01% or higher, the penalties include: License suspension for a 30 to 90 day period, select DWI fines depending on the situation, fifteen to thirty days of mandatory community service, participation in alcohol education and highway safety programs at an Intoxicated Driver Resource center. A New Jersey (NJ) DUI/DWI attorney like SIMON LAW GROUP can help minimize the weight of the penalties.

If you are unlicensed and under 17 years of age at the time of the incident, you are subject to a 30 to 90 day delay in processing your driver license. In this case, an experienced New Jersey underage DWI lawyer can help to make the process as smooth as possible.

If you or your child has been arrested for an underage DWI in New Jersey, contact the SIMON LAW GROUP today to speak with an experienced New Jersey underage DWI attorney for an initial FREE consultation.

§  Underage drinking presents an enormous public health issue.  Alcohol is the drug of choice among children and adolescents, and underage drinking is the number one drug problem among the nation's youth.
§  It is a criminal offense in the State of New Jersey (2C:33-17a) to serve alcohol to anyone under the legal age of 21.  A fine of up to $1,000 and/or up to 6 months imprisonment.    
§  A fine not less than $500.00.  Suspension or postponement of the driving privilege for 6 months if the offense is committed in a motor vehicle. There is no indication in the law that a diversion program is available for offenders.
§  A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.
§  A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.
§  It is a criminal offense in the State of New Jersey for any person of legal age to bring or possess alcoholic beverages on any property used for school purposes which is owned by any school or school board. A fine of up to $1,000.00 and/or up to 6 months imprisonment.
As a parent or caregiver, you play a vital role in influencing your child's attitudes and behaviors.  You serve as a role model on the use of alcohol, control the availability of alcohol in your home, and help set your child's expectations concerning drinking behaviors.

Some parents believe that it’s safer for their teens to drink at home than to drink anywhere else.  Other adults, including some parents, mistakenly think that underage drinking is part of growing up.  In New Jersey, under social host liability laws, adults who serve or supply alcohol to persons under the age of 21 can be held liable if any of those underage persons are killed or injured. Parents who break these laws could be charged for medical bills and property damage and could be sued for emotional pain and suffering.

In addition to lawsuits, parents in New Jersey may find themselves subject to criminal prosecution for underage drinking by their teen and their teen's friends. (see exemptions under 2C:33-17b, and Woodcliff Lake Borough Ordinance 179-27) In addition, parents may be held responsible even if they're not at home when underage drinking occurs.  They may also be held responsible if underage drinking takes place anywhere on their property.

New Jersey has a number of laws related to underage drinking.  These laws are intended to prevent persons under 21 years of age from obtaining, possessing, or consuming alcoholic beverages and from driving if they have consumed any amount of alcohol: 

It is a criminal offense in the State of New Jersey (2C:33-17a) to serve alcohol to anyone under the legal age of 21.  A fine of up to $1,000 and/or up to 6 months imprisonment.

If you or your child has been charged with underage drinking, call today 800-709-1131 for your free consult or complete the online form and we can reach out to you.


Allowing Alcohol Possession or Consumption by Persons Under 21 at Private Premises
It is a criminal offense in the State of New Jersey (2C:33-17b) to make your home or property available for the purpose of allowing minors a place to consume alcohol.

(Exemptions:  Any underage person or persons who possesses or consumes alcoholic beverages in connection with religious observance, ceremony or right or consumes or possesses an alcoholic beverage in the presence of and with the permission of the parent , guardian, or relative who has attained the legal age to purchase and consume alcoholic beverages.)

·         A fine of up to $1.000 and /or up to 6 months imprisonment.     
No consumption of alcoholic beverages in motor vehicles

A person shall not consume an alcoholic beverage while operating a motor vehicle.  A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated.( 39:4-51a)

·         A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.
Prohibition of possession of open, unsealed alcoholic container

All occupants of a motor vehicle located on a public highway, or right of way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container.(39:4-51b)

Consumption or Possession of Alcohol by Persons Under 21.

It is a criminal offense in the State of New Jersey (2C:33-15) for any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or public assembly, or motor vehicle.

If you or your child has been charged with underage drinking, call today 800-709-1131 for your free consult or complete the online form and we can reach out to you. 

Monday, June 8, 2015

MULTIPLE DUIs

FIRST OFFENSE OF NJ DUI - NJ DUI Attorney

First Offense

First offense, BAC.08% to .10%: Fine: $250-$400

Incarceration: “not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served . . . [at] the Intoxicated Driver Resource Center . . . and, in the discretion of the Court, a term of imprisonment of not more than 30 days.”

Loss of license: 3 months New Jersey DMV Surcharge: $1,000 per year for three years

Other Fines & Costs: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00 Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

First offense, BAC .10% or more or under the influence of drugs:

Fine: $300 to $500 Incarceration: “not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served . . . [at] the Intoxicated Driver Resource Center . . . and, in the discretion of the Court, a term of imprisonment of not more than 30 days.”

Loss of License: Seven months to one year.

Ignition Interlock Device: In the Court’s discretion, six months to one year following restoration. This is a device installed on a car that prevents operation if, when blown into, registers a predetermined blood alcohol concentration.

Other Fines & Costs: $200.00 DUI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00 Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

More details are available at the New Jersey State website :  http://www.state.nj.us/mvc/Violations/dui.htm

SECOND OFFENSE

THIRD OFFENSE

Call today for your Free Consultation with a NJ DUI Attorney 800-709-1131


NJ SECOND OFFENSE DUI - NJ DUI Attorney

What happens for a Second DUI?

Fine: $500.00 to $1,000.

NJ DUI Attorney

Community Service: 30 Days.

Incarceration: “imprisonment for a term of not less than 48 consecutive hours nor more than 90 days . . .”

Loss of License: Two Years.

New Jersey DMV Surcharge: $1,000 per year for three years.

 Ignition Interlock Device Mandatory: For one to three years following restoration. This is a device installed on a car that prevents operation if, when blown into, registers a predetermined blood alcohol concentration.

Revocation of Registration: For two years. The Court must either revoke the registration certificates or require the installation of an Interlock Device (above).

OTHER FINES & COSTS: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00 Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

More details are available at the New Jersey State website :  http://www.state.nj.us/mvc/Violations/dui.htm

THIRD OFFENSE

Call today for your free consultation 800-709-1131



NJ DUI THIRD OFFENSE - NJ DUI Attorney

Third Offense

What happens for your Third DUI Offense? NJ DUI Attorney

Fine: $1,000.

Incarceration: “imprisonment for a term of not less than 180 days . . .”

Loss of License: Ten Years.

New Jersey DMV Surcharge: $1,000.00 per year for three years unless the conviction happened within three years of the last one in which case the surcharge is $1,500.00 per year for three years.

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Ignition Interlock Device: Mandatory, for one to three years following restoration. This is a device installed on a car that prevents operation if, when blown into, registers a predetermined blood alcohol concentration.

Revocation of Registration: For ten years. The Court must either revoke the registration certificates or require the installation of an Interlock Device (above).

Other Fines & Costs: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00 Intoxicated Driver Resource Center (IDRC) Fee(s) (Additional fees for out-patient counseling as referred by the IDRC), and up to $33.00 in Court Costs.

More details are available at the New Jersey State website :  http://www.state.nj.us/mvc/Violations/dui.htm

Don't delay!  Call today for your Free Consultation with a NJ DUI Attorney 800-709-1131