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Archive for August, 2014

Traffic violations in New Jersey which can get driver’s license suspended

August 26, 2014 3 comments

While there are many types of traffic violation laws in New Jersey, some of the gravest violations like DUI/DWI and speeding may also result in temporary or permanent suspension of driver’s license. These violations are also associated with fines and imprisonment or community services, however; the greatest losses that these violations result in is the suspension of driver’s license. Mentioned below are some of the common traffic violations in New Jersey which can lead to temporary or permanent suspension of driver’s license.

Reckless driving

Reckless driving is an act of driving a motor vehicle in a careless and unacceptable manner, like driving after drinking, driving with too many people in a car or motor vehicle, overtaking in a harsh and reckless manner, speeding etc. Reckless driving is thus considered as a very serious traffic violation in the state of New Jersey and the guilty is often slammed with multiple traffic tickets, which add on to their traffic violation points. The higher the points go, the chances of losing one’s driving license increases.

 Speeding

While speeding can also be defined as an act of reckless driving, it is mentioned and enlisted as a separate traffic violation in the traffic rules of New Jersey. There is a different speed limit for different places in New Jersey and attaining a speed more than that limit ends up the drivers getting caught for speeding, even if there is no police to watch the incidence happen. Depending on how close or far away the actual speed of the car is from the allowed speed that the person is provided with points. As the point goes up, with regular accumulation, the driver keeps on proceeding towards the chances of losing their driver’s license.

 DUI/DWI

This is probably one of the most serious traffic violations that a person can commit. The seriousness of the violation is so much that the person if being found guilty and careless, can be even landed up in jail. DUI or DWI are cases that are imposed on the guilty if he or she is being found to drive while being under the grip of intoxication. Possible penalties for these types of traffic violations are jail term, fine, community service and the most dreaded penalties of all is the temporary or permanent suspension of driver’s license. While first time offenders may get their driver’s license suspended for 6 months to 1 year, the third time offenders’ driver’s license are suspended for a lifetime duration.

For Further details Visit: NJ Traffic Violations Lawyer or if you want an appointment contact Middlesex County DUI/DWI Lawyer here:  The Law Office of Marc B. Schram, P.C. Airport Plaza, 1390 State Route 36, Suite 101, Hazlet, NJ 07730.

Phone: (732) 888.4400

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What is a Preponderance of the Evidence?

August 25, 2014 Leave a comment

When you bring a lawsuit against someone, you have the burden of proving your claims are true to a set standard. You may present written evidence, expert and layperson testimony, and exhibits in order to support your claim. In most civil law cases, the standard of proof placed upon the moving party, is a preponderance of the evidence. A preponderance of the evidence is the lowest burden of proof in the U.S. legal system, and can be defined in many different ways. One commonly used definition is the greater weight of the evidence, or more likely to be true than not true. Effectively, the standard is satisfied if there is at least a fifty-one percent (51%) chance that the claim is true. The definition of a preponderance of the evidence, however, cannot be reduced to a formula, and it more or less acts as a guide to judges and juries in determining whether a moving party has met their burden.

A preponderance of the evidence is the standard of proof required in most family law matters in New Jersey. Presenting a sufficient amount of evidence to support your version of the facts is necessary to meet your burden. Meeting your burden of proof, however, has nothing to do with the amount of evidence you present. What matters is that the judge or jury believes your version of the facts is more likely to be true than the opposing party’s version. Leaving the judge or jury with some doubt is fine, as long as the scale tips, even slightly, in your flavor.

For further details visit New Jersey Family Law Attorneys or wants an appointment contact Bergen County Divorce Attorneys here: 3 University Plaza, Suite 350 Hackensack, NJ 07601
Telephone: (201) 771-1808

 

NJ Personal Injury Protection

August 20, 2014 1 comment

NJ personal injury protection is an extension of car insurance that covers medical expenses for the named insured, his or her family members residing in the household, and certain other persons for injuries suffered in an accident “while occupying, entering into, or using an automobile, or as a pedestrian, caused by an automobile or by an object propelled by or from an automobile”. NJ personal injury protection benefits are paid without regard to fault, and all standard liability insurance policies are required to contain personal injury protection benefits.

20140808-personal_injury_lawyer3 N.J.S.A. 39:6A-4.3 governs the personal protection options that insurers must make available. It requires insurers to provide an option for medical expense benefit deductibles in amounts of $500, $1,000, $2,000 and $2,500 for any one accident, an option to name a health insurance company or state or federal program as the provider of primary coverage, and an option for medical expense benefits in amounts of $ 150,000, $ 75,000, $ 50,000 or $ 15,000 per person per accident. It also requires that if none of these options is chosen in writing, the insurer provide $250,000 in medical expense benefits coverage. In order to receive payment for NJ personal injury protection claims a healthcare professional must provide the insurer written notice within twenty-one days of beginning treatment. Written notice may be provided in the form of a bill or invoice for services. A claim may be denied if a healthcare provider fails to comply with the twenty-one day notice rule; however, the provider is prohibited from seeking any payment directly from the insured.

Personal-injury NJ personal injury protection laws were created in order to reduce the number of medical claims filed in order to gain standing to sue for pain and suffering, eliminate the use of tests that are not medically necessary, and allow insurance providers to offer more affordable insurance policy options. The New Jersey legislature views this no-fault system as a trade-off of one benefit for another; providing medical benefits in return for a limitation on those with non-serious injuries to sue for pain and suffering. The Department of Banking and Insurance governs NJ personal injury protection insurance, by determining fee schedules, establishing rules and regulations, and setting standards to coordinate personal injury protection medical expense benefits coverage. More information may be found on the Department’s website at: http://www.state.nj.us/dobi/pipinfo/aicrapg.htm#21

For Further details Visit: New Jersey Personal Injury Attorney or contact Bergen County Personal Injury Lawyer here:  Law Offices of Jeffrey S. Hasson, P.C. 322 48th Street, Union City, NJ 07087. Phone (201) 530-6272

When to opt for collaborative divorce?

August 19, 2014 Leave a comment

Collaborative divorce as the name suggests is a type of divorce in which both the spouses amicably and mutually decide to take a separation legally without taking their divorce case to the court of law. In this case, the spouses with the help of their collaborative lawyers come to a settlement mutually and then end their relationship. There is simply no hassle, waste of time and money in attending trials in court and no grace period to provide the couple with more time to resolve their marriage. However; despite being the most suitable and peaceful way of getting a divorce, all couples don’t prefer taking this road. Apart from that, adopting collaborative divorce as a means of separation is also suitable for only a certain type of couples. Read on to find out when to opt for collaborative family law New Jersey divorce.

28b1 Mutual understanding

This is often one of the most important criterion for opting for a collaborative divorce. This is because, collaborative divorce seeks the consent of both the parties and also require both the spouses to understand that they are mature human beings and that if their marriage has not worked out for some reason, it is their responsibility to dissolve their marriage in a peaceful manner. However; this is not the case always with all the couples seeking divorce.

 Respect for each other

No matter what the reason is and how much a marital relation has suffered, some couples never take their relation to the level of hatred or try to hurt each other in order to make the other suffer. Collaborative divorce is a suitable option for couples who do not want to drag each other to court and get involved in the harassment as they understand and respect each other, even if they have decided to dissolve the marital relation.

 Family approval

Many divorce cases suffer as parents of the spouses often decide to harass the wife or the husband for whatever they have done to their children and want to punish them for ending the marriage. A collaborative family law New Jersey divorce is not suitable for spouses whose parents do not provide the approval for the same and insist their children in taking the other road.

divorce No child custody hassle

Last but not the least, collaborative family law New Jersey divorce should preferably be opted by couples who do not have any issues from the marriage or who have mutually and amicably decided whether the child will be provided in whose custody.

For Further details Visit: Collaborative Divorce CT Attorney or contact Connecticut Divorce and Family Attorney here: Cappalli & Hill, LLC., 325 Highland Ave., Cheshire, CT 06410. Phone (203) 271-3888

New Jersey IV-D Court

August 15, 2014 2 comments

IV-D Courts were created pursuant to title IV-D of the Social Security Act, in order to establish and enforce child support orders. Title IV-D Courts hear child support and parentage cases, establish child and medical support orders, and enforce child support obligations. In 1984, Child Support Amendments to the federal Act mandated expedited processes, in the form of non-judge establishment and enforcement, to be eligible for federal funding. In response, the New Jersey Supreme Court authorized a pilot to test the use of hearing officers who would hear cases and recommend orders to judges, but not have the ultimate power of decision. The project became known as the Child Support Hearing Officer Program and is currently in use in New Jersey’s title IV-D Courts. Child-Support As part of the Child Support Hearing Office Program, a New Jersey Child Support Hearing Officer (“CSHO”) is authorized to hear child support cases and make recommendations to a judge. Unless a party objects to the process or the decision, and requests a hearing before the judge, the recommendation becomes an order of the court. CSHOs are appointed by the New Jersey Supreme Court to hear and resolve family support cases, subject to judicial review and approval, in accordance with federal and state law. The CSHO has authority to hear issues involving establishment, modification, and enforcement of child support. The CSHO also facilitates the establishment of parenting time and custody consent orders. The CSHO hears testimony and evidence, makes findings of fact, reaches conclusions of law, and prepares a Uniform Summary Support Order with a recommended disposition for submission to a Family Part Judge for approval.

The Family Part Judge reviews the findings and recommendations of the CSHO before issuing a final Court Order. Family Part Judges also hear complex child support cases, including dissolution and non-dissolution matters, and has exclusive jurisdiction to enter orders for contested paternity, direct pay (not IV-D) child support cases, support for children over the age of 18, college tuition, claiming child as a dependent for tax purposes, and other matters related to more complex child support issues. The Judge also has exclusive jurisdiction to incarcerate, execute or vacate a bench warrant.

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The CSHO may make a preliminary determination that the matter is outside the jurisdiction of the CSHO or sufficiently complex that it must be heard by a judge. Some reasons for referral of a matter to the judge include active warrants or Domestic Violence Restraints, recommendation of incarceration, and objections to appearing before a CSHO by one or both parties. A party who appears before a CSHO also has the right to object to the CSHO’s recommendation and be heard before a Family Part Judge. A hearing before the Judge can usually be scheduled for the same day.

Sources:
http://www.judiciary.state.nj.us/family/CSHOP_Ops_Man_20090326_with_attach.pdf

For Further details Visit: Child Support Lawyers In NJ or contact Family Law Attorney New Jersey here 3 University Plaza, Suite 350 Hackensack, NJ 07601
Telephone: (201) 771-1808