The Law Office of Blair C. Lane, Sr.

Drunk Driving Crackdown

Tue, 20 Nov 2007 06:10:13 -0800

Trenton - (10/24/07) A record 96 percent of New Jersey law enforcement agencies participated in this summer's two week "Over the Limit, Under Arrest" drunk driving crackdown, which resulted in 1,655 DUI arrests, Division of Highway Traffic Safety Director Pam Fischer announced today.

Fischer noted that arrests during the two week period were down from 2006, when 1,721 individuals were cited for drunk driving. Overall participation in the initiative increased from 391 participating police agencies in 2006 to 473 in 2007.

"Efforts such as this send a strong message to all New Jerseyans that if you plan to drink and drive, law enforcement agencies will be out in full-force looking for you," Fischer said. "With nearly 100 percent of our departments participating in this program, we have been able to maximize our resources and make it very clear that drunk driving will not be tolerated in New Jersey."

During the initiative, which ran from August 17 through September 3, 2007, police agencies throughout the state conducted saturation patrols and sobriety checkpoints as part of a national initiative designed to combat drunk driving during one of the busiest travel times of the year.

Fischer noted that 770 people died in traffic crashes on New Jersey's roadways in 2006, and 627 of those individuals were tested for alcohol. Of that number, 240 tested positive for alcohol in varying degrees, indicating that approximately 38 percent of the fatalities involved some level of alcohol consumption.

"There's simply no excuse to drink and drive," Fischer said. "We're a society that recognizes how alcohol impacts driving ability, yet people continue to make the wrong choice and get behind the wheel after drinking."

According to a motorist poll conducted for the Division by Fairleigh Dickinson University's PublicMind earlier this year, 23 percent of those surveyed said they had driven their vehicles after drinking within the past three years. "Clearly, many motorists still don't realize the grave consequences that can result from such behavior," Fischer added. "That's why concentrated efforts such as this are needed to protect all who travel our roadways."

Launched nationally in 1999, the program works to combat drunk driving at various high volume traffic times throughout the year. As part of this initiative, the State Division of Highway Traffic Safety provided grants of $5,000 each to 186 local law enforcement agencies. The New Jersey State Police also participated in the effort. The remaining police departments conducted the program using their own resources.

Fischer pointed out that in addition to taking the drunk driver off the road, the mobilizations also focus drivers' attention on a broad array of other traffic safety issues, including speeding; buckling up every ride and using the proper child safety restraints

Using Cell Phones When Driving

Sun, 11 Nov 2007 16:18:56 -0800

NJ Governor signed law that makes the use of a cell phone by a person who is operating a motor vehicle a primary offense.

NJ Workers Compensation Law

Wed, 23 May 2007 12:56:57 -0700

Accidents during business travel are covered by workers compensation

An employee had traveled to Texas for business in 1993, and he had injured his knee when he fell in the hotel shower on the morning of a scheduled business meeting; the workers' compensation carrier for the employer provided coverage from 1993 until 2003, when it determined that the injury was not compensable; the employee then filed a claim for medical and temporary benefits; the Appellate Division affirmed the judge of compensation's holdings (1) that the employee's injury fell within the special-mission exception to the definition of employment set forth in N.J.S.A. 34:15-36 and (2) that the employer was estopped from denying coverage after it provided full medical benefits for 10 years.

Auto Insurance Companies Crying Wolf

Wed, 11 Apr 2007 09:15:50 -0700

Auto insurance companies crying wolf that the number of lawsuits would increase after a New Jersey Supreme Court decided DiProspero v. Penn in 2005, which made it easier for accident victims to sue for pain and suffering. Prior to 2005, if you had limited your rights to sue under your own policy by choosing the Verbal Threshold or lawsuit threshold you had to prove that (1) your injuries fell into certain categories and (2) that the injuries had a significant impact on your life.