The shape of things to come:  Howes & Howes to offer divorce mediation

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.

New Jersey DWI Update:  Alcotest Cases Must Now Proceed

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.

Dual Representation in DYFS cases and criminal cases:  What is the right answer for parents?

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.

Constitutional Law Update:  NJ Court expands police powers to run background check

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?

Howes & Howes Client Wins DWI case on appeal

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.

Future of sex offender ordinances in doubt

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.

New Jersey D.W.I. Update: Landmark Report on Alcotest 7110

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 One Step Closer to Flemington Borough Council

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.

Recount in Flemington Borough Council Race

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.

New Jersey Legislature must act immediately on proposal to create limited use drivers license

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.

If we could catch the terrorists as well as we collect urban parking tickets in New Jersey, then we

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.

Warren County Court Throws Out Most Serious Charge against Client

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.