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- New Jersey Family Collaborative Law Act
Sep 4, 2024
On September 10, 2014, Governor Chris Christie signed the The Participation Agreement N.J.S.A. 2A:23D-5 requires the parties to enter into a Participation Agreement before beginning the collaborative divorce process. One critical point in the Participation Agreement is that both parties must agree that they will not ask a court to decide a disputed issue. The parties and counsel agree that if either decides to go to court, then both collaborative attorneys must withdraw from...Read More - Can Prescription Medications Lead to a DUI Charge in New Jersey?
Aug 15, 2024
Facing How Do NJ DUI Laws Apply to Prescription Medications? In New Jersey, DUI laws treat driving under the influence of prescription medications with the same seriousness as driving under the influence of alcohol. The law clearly states that if any substance—whether alcohol, illegal drugs, or prescription medications—impairs your ability to drive, you can face DUI charges. Prescription medications can cause side effects such as drowsiness, dizziness, or slowed reaction times, all of which...Read More - Service by Publication in Family Law Cases
Aug 12, 2024
In One ‘method’ of alternative service of process is service by publication. In order to seek service by publication, you have to file an affidavit of diligent inquiry. The affidavit should disclose the efforts made to ascertain the defendant's whereabouts. If you have any idea where the other person may be, an email address, information about other family members, etc., that should be disclosed to the court when seeking an order for service by...Read More - Grandparent Visitation Rights in New Jersey
Aug 9, 2024
Under the Grandparent and Sibling Visitation Act, N.J.S.A. 9:2-7.1 (the Act), and the legal principles set forth in Moriarity v. Bradt, 177 N.J. 84, 118 (2003), courts must undertake a two-step analysis to decide a grandparent's application to visit a grandchild over the objection of a fit parent. Essentially, the grandparents must first prove that the denial of visitation will harm the child. This is not a best interest analysis that is conducted in regular...Read More - How to Unify a Child with His Father
Aug 2, 2024
One of the more troublesome aspects of In the case of OM v. RT & ET, the appeals court was presented with the following question: what are the appropriate procedures that should be followed to introduce the newly-discovered biological father to a child who, for most of his life, was raised believing that another man was his biological father. Mom married RT who at all times believed he was the biological father of the...Read More - Facing a DUI Charge in New Jersey? Here’s How LaBletta & Walters LLC Can Defend You
Jul 17, 2024
Facing a Understanding DUI Charges in New Jersey New Jersey has stringent laws for DUI offenses. If you are caught driving with a blood alcohol concentration (BAC) of 0.08% or higher, you can be charged with DUI. Even first-time offenders face significant penalties, including hefty fines, license suspension, and possible jail time. Additionally, New Jersey’s implied consent law means that refusing a breathalyzer test can result in automatic license suspension and additional penalties. The...Read More - Can You Refuse to Take a Breath Test?
Jul 14, 2024
Can I refuse to take a breath test if I am pulled over on suspicion of DUI/DWI? In a word: No. If you operate a motor vehicle on a public road or highway in New Jersey you are giving implicit consent to submit to a breath test if pulled over on suspicion of DUI/DWI. Although a police office needs reasonable grounds to believe that you are driving under the influence to request a breathalyzer test,...Read More - Penalties for DUI/DWI
Jul 1, 2024
https://www.nj.gov/oag/dcj/agguide/dwi2005-penaltytable.pdf First Offense BAC of 0.08 to 0.09 percent: Fine of $250-$400 Up to 30 days in jail 90-day driver’s license suspension Two 6-hour classes at the intoxicated drivers resource center over two consecutive days https://nj.gov/humanservices/dmhas/resources/services/treatment/sa_idp.html BAC of 0.10 percent or more: Fine of $300-$500 Up to 30 days in jail 7-12 month driver’s license suspension Two 6-hour classes at the intoxicated drivers resource center over two consecutive days https://nj.gov/humanservices/dmhas/resources/services/treatment/sa_idp.html Annual surcharge penalty of $1,000 for 3...Read More - LaBletta & Walters handles DWI/DUI Cases Throughout New Jersey
Jun 24, 2024
New Jersey has strict drunk driving laws. This is known as driving while intoxicated or impaired (DWI) or driving under the influence (DUI). There is a ban on DWI plea bargaining for a lower charge. The penalties are stiff with your first conviction costing hundreds of dollars in fines, up to 30 days in jail, and loss of driving privileges for 90 days. A You absolutely should have a qualified attorney, such as the...Read More - The Experienced DUI/DWI Attorneys at LaBletta & Walters Guide you Through your Case
Jun 17, 2024
Being arrested is just the first step in the process. Our attorneys will help guide you through the various steps in the case and explain the relative strengths and weaknesses. In order to be convicted of a That there was “ By the defendant, While intoxicated, and With an alcohol or blood alcohol concentration at or about the statutory limit. https://law.justia.com/codes/new-jersey/title-39/section-39-4-50/ Since this is a criminal case, these elements must be proven beyond a...Read More