Former sex offenders question the scope of bans

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.

D.W.I. Update: The constitution still matters. (State v. Puzio)

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.

The New Jersey Supreme Court rocks the Jersey City Mayor’s race with unanimous ruling.

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.

The Schiavo case points to the need for advance directives for health care

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.

Illinois v. Caballes: Is the Consitution going to the dogs?

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.

Settlement of New York class action lawsuit gives new hope to victims of domestic violence

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.

The “unsafe driving” surcharge will create a backlog in New Jersey’s municipal courts

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.

Syringe legalization proposal:  Slouching toward drug legalization?

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.

New Motor Vehicle Surcharges are a Tax on the Middle Class

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 Penalties for Driving Without Liability Insurance are Unconstitutional

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.

Howes & Howes Wins a Big One for New Jersey Taxpayers in the Supreme Court

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.