September 28, 2015

State v. K.S. (A-36-13

State v. K.S. (A-36-13 
          Because the record includes no admissions of conduct
          to support the truth of the allegations in defendant’s
          dismissed adult charges and diverted and dismissed
          juvenile charges, those charges were not appropriate
          factors to be considered in deciding whether to admit
          defendant into PTI.  Therefore, the judgment of the
          Appellate Division is reversed and the matter is
          remanded to the prosecutor for reconsideration of
          defendant’s eligibility for PTI.

STATE OF NEW JERSEY VS. HUGO FIERRO A-4641-12T4

STATE OF NEW JERSEY VS. HUGO FIERRO
          A-4641-12T4
Defendant, a Newark police officer, was convicted by a jury of assault charges and official misconduct as a result of an incident recorded by an outdoor surveillance camera during which defendant drew his service weapon while off-duty and struck a man in the face with the gun, causing the man's nose to bleed. On his conviction for official misconduct, defendant was sentenced to a mandatory five-year term of imprisonment without parole. 
The conviction is affirmed. The trial court did not force defendant to testify in order to provide his version of the incident when it declined to instruct the jury after the State's case-in-chief on a justification defense pursuant to N.J.S.A. 2C:3-7(a), use-of-force by a police officer. Also, the split verdict — conviction on aggravated assault with a deadly weapon but acquittal on possession of a weapon for an unlawful purpose — did not require reversal on the ground that the jury did not understand the elements of the aggravated assault charge.

September 1, 2015

NJSA point schedule source: http://www.state.nj.us/mvc/Violations/penalties_pointSchedule.htm

NJSA point schedule source: http://www.state.nj.us/mvc/Violations/penalties_pointSchedule.htm

for the most common violations

NJSA
Section
Offense Points
New Jersey Turnpike, Garden State Parkway and Atlantic City Expressway
27:23–29 Moving against traffic 
2
27:23–29 Improper passing 
4
27:23–29 Unlawful use of median strip 
2
All roads and highways
39:3–20 Operating constructor vehicle in excess of 45 mph 
3
39:4–14.3 Operating motorized bicycle on a restricted highway 
2
39:4–14.3d More than one person on a motorized bicycle 
2
39:4–35 Failure to yield to pedestrian in crosswalk 
2
39:4–36 Failure to yield to pedestrian in crosswalk; passing a vehicle yielding to pedestrian in crosswalk 
2
39:4– 41 Driving through safety zone
2
39:4–52 Racing on highway
5
39:4–55 Improper action or omission on grades and curves
2
39:4–57 Failure to observe direction of officer
2
39:4–66 Failure to stop vehicle before crossing sidewalk
2
39:4–66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway 
2
39:4–66.2 Driving on public or private property to avoid a traffic sign or signal
2
39:4–71 Operating a motor vehicle on a sidewalk
2
39:4–80 Failure to obey direction of officer 
2
39:4–81 Failure to observe traffic signals* (Red Light Camera- 0 pts.)
2
 *No points assessed for red light camera violation
0
39:4–82 Failure to keep right
2
39:4–82.1 Improper operating of vehicle on divided highway or divider
2
39:4–83 Failure to keep right at intersection 
2
39:4–84Failure to pass to right of vehicle proceeding in opposite direction
5
39:4–85 Improper passing on right or off roadway
4
39:4–85.1 Wrong way on a one-way street
2
39:4–86 Improper passing in no passing zone
4
39:4–87 Failure to yield to overtaking vehicle
2
39:4–88 Failure to observe traffic lanes
2
39:4–89 Tailgating
5
39:4–90 Failure to yield at intersection 
2
39:4–90.1 Failure to use proper entrances to limited access highways
2
39:4–91–92 Failure to yield to emergency vehicles
2
39:4–96 Reckless driving
5
39:4–97 Careless driving
2
39:4–97a Destruction of agricultural or recreational property
2
39:4–97.1 Slow speed blocking traffic
2
39:4–97.2 Driving in an unsafe manner (points only for third or subsequent offense within five years of most recent 39:4-97.2 conviction)
4
39:4–98 Exceeding maximum speed 1-14 mph over limit 
2
 Exceeding maximum speed 15-29 mph over limit
4
Exceeding maximum speed 30 mph or more over limit
5
39:4–105 Failure to stop for traffic light
2
39:4–115 Improper turn at traffic light 
3
39:4–119 Failure to stop at flashing red signal
2
39:4–122 Failure to stop for police whistle
2
39:4–123 Improper right or left turn
3
39:4–124 Improper turn from approved turning course
3
39:4–125 Improper u-turn
3
39:4–126 Failure to give proper signal
2
39:4–127 Improper backing or turning in street
2
39:4–127.1 Improper crossing of railroad grade crossing
2
39:4–127.2 Improper crossing of bridge
2
39:4–128 Improper crossing of railroad grade crossing by certain vehicles
2
39:4–128.1 Improper passing of school bus
5
39:4–128.4 Improper passing of frozen dessert truck 
4
39:4–129 Leaving the scene of an accident –
no personal injury
2
Personal injury
8
39:4–144 Failure to observe stop or yield signs
2
39:5C–1 Racing on highway
5
39:5D–4 Moving violation committed out-of-state 
2