Cop’s lie about scooter accident costs the city $3 million


Via New York Post


Video: Whether or Not You Will Recover Money For The Injuries You Sustained


Video: What You Could Expect At Your Deposition


Video: How Long Is Your Case Going To Take


Video: How to Sue New York City and New York City Transit Authority


New distracted driving laws in New Jersey

It's going to get a lot more expensive if you are caught texting while driving or talking on your cell phone while driving. New Jersey has taken the lead in making these penalties more severe. For a first offense the fines will be $200-$400. For a second offense finds will be $400-$600. For a third offense the fines will be at least $800 and a potential loss of license for 90 days.

Driving while distracted causes more accidents than driving while intoxicated. Police forces throughout New Jersey have been notified to watch for distracted drivers. If you have any questions or are issued a ticket for this offense do not hesitate to call us. In the meantime safe driving.


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US Supreme Court strengthens DWI Defense

On April 17, 2013 the United States Supreme Court said that as a general rule police must obtain a search warrant, or consent in order to extract blood from a driver to test the driver's blood alcohol level. The case is titled Missouri v McNeely. Without the warrant or consent, the readings may be suppressed by a Court.

Although only a small percentage of cases involve a blood draw, as opposed to the more common breath test, blood draws are usually a more reliable indicator of a driver's blood alcohol content.

Since this is a United States Supreme Court decision, this new rule applies to all DWI cases in the country. If you have a current DWI case pending, and the police drew your blood, you should consult with your attorney as to how this new case may affect you. You can google the case to read the full opinion.


What Should YOU Do When You are Pulled Over by the Police?

As the attached article in today's New York Post indicates a tragedy occurred in Queens last night when a police officer shot an unarmed motorist after a motor vehicle stop.  This raises the question all of us have, which is, "What should I do when I see those lights and sirens in my rear view mirror?"

The first thing you should try and do, is put yourself in the shoes of the officer who is pulling you over.  How do they feel?  The officer is approaching a car, perhaps in the middle of the night, perhaps alone.  Rest assured, most officers are themselves apprehensive in such a situation.  Thus the first thing you should attempt to do is to pull your car over in a controlled and deliberate manner

When the officer approaches your car do your best to keep your hands visible at all time.  If possible, try and get a hold of your license, registration and insurance card BEFORE the officer gets to the car.  The reason....If an officer suspects a DWI situation, the first thing they will put in their report is that the driver was unable to locate their credentials and "fumbled trying to find it."

Once the officer makes verbal contact, speak in a respectful tone.  You can inquire about the reason for the stop, but DO NOT argue with the officer.  You will not win.  At that moment, the officer is still sizing you up as either a threat or someone with whom he can deal with on a civil level.

Answer any questions directly, but very much to the point.  You do not have to admit you were drinking, driving, speeding, or doing anything the officer may accuse you of doing.  And, anything you may say at this point, may be used against you at a later time.

Being pulled over is a very stressful situation.  Yes, even criminal defense lawyers get that adrenaline rush when they see the flashing red light behind them.  But you can help control a potentially explosive situation, by remaining calm and cooperative.

If there are any wrongdoings at the scene, that can be handled by your criminal or civil lawyer at a later date.



Good article on Qualified Immunity

The last Section 1983 Litigation column analyzed whether a private party state actor sued under §1983 is entitled to assert the defense of qualified immunity. That column focused upon the Supreme Court's recent decision in Filarsky v. Delia1 that a private attorney hired by a municipality to conduct an internal investigation was allowed to assert qualified immunity.


Updates on Personal Injury Issues

We will be blogging on new issues arising in personal injury and criminal matters that are of interest in New York and New Jersey.  Our firm specializes in plaintiff's personal injury trial matters and criminal defense matters.  We have offices in New York and New Jersey.  Both partners, Steven Goldstein and Michael Handwerker have extensive experience in civil and criminal jury trials.

If there are any topics you would like us to discuss, please do not hesitate to contact us via e mail and we will do our best to address the topic.


New website

Special thanks to scgcreative!