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Criminal Defense Archives

Supreme Court: Get a warrant before pulling phone location data

In what is considered a major victory for privacy rights, the U.S. Supreme Court has ruled that law enforcement must generally obtain a warrant before accessing cellphone location data. This data, which Chief Justice John Roberts called "detailed, encyclopedic and effortlessly compiled," can be so revealing about the user's movement that it amounts to surveillance.

Accused of a DUI? Your future isn't necessarily ruined

It's only natural to assume that if someone is charged with drunk driving, both their short-and long-term futures are damaged. This common perception is perpetually reinforced by the celebrity mugshots and daily media coverage that DUIs and DWIs receive. These individuals are portrayed as problematic citizens who deserve to be punished for their transgression.

What are the penalties for marijuana possession in New Jersey?

Copy-of-Fotolia_80752093_L-768x512.jpgIn New Jersey, it is unlawful to obtain or possess a controlled substance unless that substance was obtained by a valid prescription from a practitioner. Despite other states recently legalizing marijuana, New Jersey still considers marijuana a controlled dangerous substance for which you cannot obtain a prescription. As a result, there significant penalties for its possession within New Jersey.

Speeding Violations and New Jersey's Motor Vehicle Commission

Copy-of-Fotolia_80752093_L-768x512.jpgIn New Jersey, receiving a ticket for speeding not only results in fines, but also motor vehicle penalty points that accumulate with each violation. The number of points a driver receives increases with excess speeds within New Jersey. A driver who is ticketed going between 1 and 14 miles per hour over the speed limit will receive 2 penalty points. A driver ticketed for driving 15 to 29 miles per hour in excess of the speed limit will receive 4 penalty points. A driver going in excess of 30 miles per hour over the speed limit will receive 5 penalty points. A New Jersey license holder may also be assessed 2 points by the motor vehicle commission if they receive a speeding violation outside of the state.

Reckless Driving in New Jersey

driver-1149997_960_720-768x512.jpgIn New Jersey, a person is guilty of reckless driving if they "drive[] a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person property[.]" N.J.S.A. 39:4-96. If property is damaged or a person is injured, it may be strong evidence of reckless driving. However, there does not need to be any damage or injury to be guilty of reckless driving.

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