NJ Legal Beat
Read this Article Before You Drink and Drive
Most New Jersey motorists know the basics about drinking and driving. That is, most people know that if you are convicted of drunk driving or refusal, that you will pay a fine, lose your driving privilege as well as pay surcharges and greatly increased auto insurance premiums. In some instances, however, New Jersey law sanctions a drunk driver as a felon or a child abuser. Please read this article before you drink and drive.
Howes & Howes Partner Set to Serve on Peapack-Gladstone Borough Council
At Howes & Howes, we believe in giving back to the community that has supported us so well. Last year, Howes & Howes partner Kathy Howes ran in a contested election for a seat on the Peapack-Gladstone Borough Council, an election that she won. On Tuesday, January 5, 2010, Kathy will be sworn-in as the Twin Borough’s newest Borough Council member.

Howes & Howes Partner Named to Christie Transition Team
At Howes & Howes, we believe in giving back to the community that has supported us so well over the past seventeen years. By giving service we are giving thanks. At the same time, we are gaining insight and experience that will help up better serve you. This week, I was honored as I was chosen to serve as a member of the Transition Team for New Jersey Governor-elect Chris Christie. The photo depicts the Gold Dome of the New Jersey State Capitol.
Reflections on 25 Years in the Law (Part One)
I have been preparing to handle your legal matter for twenty-five years. Knowing the law and knowing how to find the law is only one part of the lawyer’s stock in trade. The law must be tempered by experience. From my work in a law firm while still in college to my time as a prosecutor to my years in private practice, I have accumulated different experiences and insights that help my clients. At decade’s end, we are taking stock of the successes - and disappointments - that have brought our firm to the new decade. (The photo depicts the Point-a-la-Hache ferry across the Mississippi River in Louisiana’s Plaquemines Parish.)

Howes & Howes to Defend Assemblyman Chiappone
Assemblyman Anthony Chiappone represents New Jersey’s 31st Legislative District. He is a first rate public servant who has fought for fiscal accountability and teen driver safety, and against costly P.S.L.s. Tony’s political opponents have recycled some old allegations against Tony. Has now been indicted by a state grand jury. Assemblyman Chiappone has done nothing wrong. He has asked Howes & Howes to defend him against these allegations. On this website, we will provide regular updates on the status of this very important case.
“No entiendo” is no defense, according to the New Jersey Appellate Division
On July 1, the Appellate Division ruled that “no entiendo” is no defense to the charge of refusing to take a breath test. A motorist who clearly did not speak English stated that he did not understand the standard DWI rights form. He did not take the breath test, then was tried and convicted for refusing to take a breath test. The court held that New Jersey law does not require the state to publish or the police to use a foreign language rights form when investigating a case of driving while intoxicated, and upheld the conviction.
Will the New Jersey Budget Crisis Hurt Parental Rights?
The State of New Jersey is on the precipice. Tax revenues are down due to the effects of the recession. The Division of Youth and Family Services seems oblivious to the hard fact of declining resources. DYFS continues to increase the number of families that it supervises or seeks to supervise. Something has to give. What will be cut, and how will that effect your parental rights if you are involved with DYFS?
Legal Services in an Economic Downturn
There is no doubt that both New Jersey and the nation are in a full-fledged recession. The need for legal services is blind to the economic realities of the day. Howes & Howes was born in a recession. We know how to provide effective and efficient legal services without taking the client’s last dollar. We know how to settle cases when it is in the client’s best interest. And if a legal matter must go to trial, we know how to do that too.
Appellate Division: Sea Bright Election Challenge Will Proceed
The Appellate Division of the Superior Court has rejected Maria Fernandes’s bid for an appeal the Law Division’s denial of her motion to dismiss the Sea Bright election challenge. The voters of Sea Bright will now get their day in court. Former Mayor Jo Ann Kalaka-Adams’ challenge will now proceed to trial.
The Case of the Missing Emergency Ballots
Hoboken’s Frank “Pupie” Raia is a colorful local figure and a dedicated public servant. When he ran for the Democratic nomination for Hudson County Freeholder this year, a funny thing happened: The voting machine in his polling place was taken out of service after only one vote was cast. With fingers pointing in every direction, Mr. Raia is still trying to find out what happened to the paper ballots that were used in place of the machine.
Does the Constitution Guarantee a Right to Trial by Jury for Juveniles?
When people under the age of 18 are charged with a serious offense, their case is heard by a Family Court judge. Juvenile court is supposed to be a kinder, gentler court, one more focused on rehabilitation than its adult counterpart. For that reason, juvenile cases are tried before a judge, not a jury. A recent ruling of the Kansas Supreme Court raises the question of whether juveniles have a right to a jury trial.
Former Two-Term Councilwoman Beats Back Ballot Challenge By Little Ferry Democrats
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.
