Howes & Howes client Debbie Ferrante-Rivera is the ideal candidate for Little Ferry Borough Council. She is bright, experienced, independent and energetic. Perhaps that is why the local political machine is afraid of her. The Little Ferry Democrats challenged her petition to run as an independent. After a full hearing, Ms. Ferrnate-Rivera’s petition was upheld. She will be on the ballot in November.
Former Mayor Jo-Ann Kalaka-Adams’ challenge to the result of the 2007 general election will proceed to trial. The opponent had filed a motion to dismiss Mayor Adams’ petition due to a perceived procedural technicality. The Superior Court judge hearing the case ruled that the case will continue forward. The voters of Sea Bright will now have a chance to see justice done.
Howes & Howes partner Katherine Howes offers a new service, one founded on nearly two decades matrimonial experience. As a professional divorce mediator, Ms. Howes will help separating couples settle their divorce in a confidential setting without expensive litigation. Watch for updates to this website for informative articles on mediation.
The New Jersey Supreme Court has made a ruling in State v. Chun. The Alcotest breath testing device used in New Jersey has been deemed to be reliable. All cases that were previously stayed (placed on hold) while the Supreme Court decided the Chun case must now be heard promptly in the municipal courts, and those special cases must follow a certain procedure outlined by the Administrative Office of the Courts.
Many times parents face two parts of the legal system simultaneously when they face DYFS litigation and criminal prosecution for the same actions. Often parents will choose to use the same attorney for both the criminal matter and the family court matter. DYFS has objected to the practice of dual representation in parallel or companion proceedings, and courts in different counties have made different rulings. A recent trial court decision out of Bergen County is the latest installment.
On February 11, 2008, the New Jersey Supreme Court decided the case of State v. Sloane. The high court’s decision expanded police powers to run background checks on the passengers of vehicles involved in a routine motor vehicle stop. The high court ruled that police do not need a reasonable suspicion to access the NCIC database to check the criminal background of passengers. This decision has the potential to change how New Jersey police conduct motor vehicle stops. How will New Jersey police use this new authority?
One of the many clients that Howes & Howes represented over the past year was a young man who was facing his third DWI as well as a summons for refusing to take a breat test. At trial, the municipal court found the client not guilty of driving while intoxicated, but found him guilty of refusing to provide a breath sample. We appealed. The Law Division granted the appeal, and found the client not guilty of refusal.
A number of New Jersey municipalities have passed ordinances restricting where convicted sex offenders may live in town. One such town, Cherry Hill,passed an ordinance banning offenders from living within 2,500 feet of any school, park, religious institution or place where children might gather. In March, a Superior Court Judge invalidated the ordinance, casting a shadow over the future of such ordinances.
Over the past few years, there has been complex and intense litigation in New Jersey over the use of the Alcotest 7110, which is the machine chosen by New Jersey for breath testing. Howes & Howes have been monitoring the litigation very closely. On February 13, 2007, a landmark 268-page report was published making recommendations for the final ruling by the New Jersey Supreme Court.
H&H client Julie Luster came one step closer to becoming a member of the Flemington Borough Council this week. The Hunterdon County Board of Elections completed the recount required by law. The results of the election did not change. Not yet, anyway. The next step would be an election contest in the Superior Court requesting that the court allow three previously disallowed votes from registered voters. Links for press coverage are below.
When the dust settled on Election Day, it appeared that Flemington Borough Council Candidate Julie Luster had lost her race by one vote. Ms. Lester wanted to make sure that every borough voter who went to the polls and cast a legal ballot has that vote counted. As such, she asked Howes & Howes to file a recount petition.
It is not perfect, but New Jersey Bill S-1259 is a good start. If passed and signed into law, it would create a special drivers license for use for work and school only. State Senator Shirley Turner sponsored the bill, and should be applauded for her support for motorists rights, but proposal of a bill is only the beginning.
Hundreds of millions of New Jersey public dollars and thousands of well-meaning police officers are invested in enforcing the Parking Offenses Adjudication Act (POAA), which is nothing more than a boondoggle for the inner cities. Those resources would be better directed at finding criminals and terrorists.
After hearing the State’s case in its entirety, a Warren County Superior Court Judge dismissed one count of first degree Possession with Intent to Distribute Marijuana against a Howes & Howes client. The client was exposed to a maximum of twenty years in State Prison on the dismissed charge.
At least four New Jersey towns ban sex offenders from living near schools, parks and playgrounds and others are considering these restrictions. Some sex offenders who have served their sentences are questioning the effectiveness and the legality of these bans.
In recent years, the New Jersey Legislature has made drunk driving law increasingly tougher, removing discretion from the prosecutor and from the judge. In a recent case, the Appellate Division has made it clear that police officers must comply with the constitution even when it turns out that the motorist was driving while intoxicated.
Despite the fact that she had collected more than enough signatures to qualify for the May 10, mayoral election, the City Clerk of Jersey City kept former City Councilwoman Melissa Holloway off of the ballot. The New Jersey Supreme Court did not let the City Clerk get away with it, and ordered him to place Ms. Holloway on the ballot.
While the media has focused on the political and moral issues raised by the Schiavo case, there is a very practical lesson for all of us: Make sure you have an enforceable living will.
The United States Supreme Court eroded our freedoms yesterday when it ruled that the police can use a canine sniff at the scene of a routine stop of a motor vehicle for a traffic violation. There is hope, however, because the New Jersey Constitution provides for individual protections that go beyond those that the United States Constitution provides.
The settlement in Nicholson v. Scoppetta ended the pitiless double abuse of removing children from the custody of mothers who were the victims of domestic violence in New York. This landmark case is likely to have implications here in New Jersey as DYFS struggles with domestic violence in custody, visitation, and abuse and neglect.
As the powers-that-be press municipal courts to increase collection of the Unsafe Driver Surcharge, motorists and the municipal court bar will react by taking more cases to trial.
There is a proposal working its way through the New Jersey legislature that would legalize the possession of hypodermic needles without a prescription. Supporters of the bill say it would protect public health. Opponents say that this is the first step toward drug legalization.
In order to balance the Fiscal Year 2005 Budget, the state government imposed a surcharge of $250 for every conviction for “unsafe driving”. This new surcharge is nothing more than a new tax on ordinary motorists.
The law that penalizes New Jersey motorists for driving without liability insurance violate the Equal Protection Clause of the United States Constitution, and should be struck down by the courts. Anyone charged with this offense should consider raising this issue in their defense.
The politicians in Trenton will never again be able to use long-term borrowing to pay for current operating expenses, thanks in part to Howes & Howes.
