Firm News
Who's the Boss?
by Edward Heyburn
If you ask most people who work, "Who's the boss?" you will get an immediate answer. If you ask a construction worker the same question, it may be difficult to answer. Often there are layers of bosses including owners, general contractors, subcontractors and engineers. Each of these parties may have a responsibility to make sure the construction site is safe. Lawyers deal with this issue every day when their clients are injured after being exposed to hazardous conditions on construction sites. Although an employee generally must pursue a workers compensation claim against his or her employer in lieu of a civil law suit; the employee is not precluded from suing the other culpable parties.

Federal Regulations such as those promulgated by the Occupational Safety and Health Administration give the construction industry and lawyers guidance on who is the boss and what their responsibilities are. For example a general or prime contractor has a non-delegable duty to make sure that construction workers have a safe place to work. O.S.H.A. also regulates when a "boss" has to make sure that workers are using safety equipment such as "fall protection." Unfortunately, many of the "bosses" on a construction site put pressure on the construction worker to get the job done and abandon safe work practices. This often ends up in a catastrophic loss to the worker, the family or the public at large. The law says that the "bosses" are responsible and that may not just be the company signing the construction worker's pay check. We investigate construction site accidents and determine who is responsible for the worker's injuries. In doing so, we protect our client's rights, get them compensated for their losses and put the legal responsibility where is should be, with the "boss."
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What You Need to Know About DWI in NJ
by Edward Heyburn
10 Things You Should Know about DWI's in New Jersey
  1. DWI Statute
  2. Your Legal Rights
  3. Penalties
  4. Surcharges If You Are Convicted
  5. Defenses
  6. DWI's and Minors
  7. How the Breathalyzer Works
  8. Refusal to Take the Breathalyzer
  9. Cases Law
  10. What a Lawyer Can Do For You
1) There are defenses to a DWI Charge. A DWI conviction is not inevitable! There are several circumstances that justify a dismissal, acquittal or a plea to a lesser charge

2) If a driver suffers from Gastroesophageal Reflux Disease ("GERD") and consumes any alcohol, the results of the breathalyzer may be inaccurate and unreliable.

3) If the driver is not behind the wheel when stopped by the police, the prosecutor may not be able to prove that the driver was actually operating the vehicle while intoxicated.

4) The police stop of a motor vehicle may violate United States and New Jersey Constitutional protections. If it does, the results of the investigation may be suppressed.

5) Injuries to knees, hips, back and joints may cause you to fail the balancing test and appear drunk.

6) Penalties for a DWI

First Offense (with BAL .08 - .10)
  • $250 - $400 fine
  • Detainment for 12 to 48 hours
  • Imprisonment up to 30 days
  • Completion of IDRC Course
  • Suspension of driver license for 3 months
  • First Offense (with BAL .10 or higher)
  • $300 - $500 Fine
  • Detainment for 12 to 48 hours
  • Imprisonment up to 30 days
  • Completion of IDRC Course
  • Suspension of driver license for 7 - 12 months
Second Offense
  • $500 - $1,000 Fine
  • 30 days community service
  • Detainment for 12 to 48 hours
  • Imprisonment of 48 hrs. to 90 days
  • Completion of IDRC Course
  • Suspension of driver license for 2 years
  • Required to install ignition interlock device
Third Offense
  • $1,000 Fine
  • 30 days community service
  • Imprisonment of 180 days (and/or impatient treatment)
  • Completion of IDRC Course
  • Suspension of driver license for 10 years
  • Required to install ignition interlock device
7) If you are convicted of a DWI , you will loose your license. New Jersey does not permit a provisional driver's license to get to and from work.

8) If you permit a driver to driver you car with a BAL of .08 or higher, you are subject to the same punishment as the drunk driver.

9) If you are under 21 and drive a car with a BAL of .01 - .08, you will lose your license for 30 - 90 days and have to complete the IDRC Course.

10) If you are convicted of DWI with a minor in the vehicle, the court will impose an enhanced penalties:
  • Additional 6 month suspension of driving privileges
  • 5 days of community service

Additional Information:
 Driving_Under_the_Influence.pdf
 Penalties_for_Driving_While_Intoxicated_in_New_Jersey.ppt

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Go Sue Yourself!
by Edward Heyburn
In New Jersey there is a growing trend for driver's to take to the road without first purchasing insurance. It is illegal to drive an uninsured vehicle but for some, the fines and penalties are not a deterrent. Many drivers purchase a minimal insurance policy to satisfy their legal obligation. You may not even be aware of these uninsured and underinsured motorist until you are in an accident with them. In these unfortunate circumstances, you will find that there is no or little insurance to compensate you for your injuries, lost wages or bills. So what protections are there for the law abiding drivers that are injured by the acts of these uninsured and underinsured drivers? New Jersey law provides that every insurance policy must contain a provision for at least $15,000 of uninsured motorist coverage. Most insurance policies will provide an amount of uninsured motorist coverage equal to the limits of liability coverage you have selected. If you have this coverage and you are injured by an uninsured driver, you may file a claim against your own insurance company to pay for your injuries, lost wages or bills.

In cases where the other driver has insurance, but the insurance policy is small, the other insurance company may tender the policy. This will leave you with partial compensation but will not help you where the value of your injuries, lost wages and bills exceeds the amount of the other diver's insurance coverage. All insurance companies offer underinsured motorist coverage. Although many companies include this coverage in with your uninsured motorist coverage, it is not mandatory and you should check your policy to see if you have such coverage. If you do have underinsurance coverage you may file a claim with your own insurance company if the amount of this coverage exceeds the amount of the defendant's policy. Insurance policies usually provide that these uninsured and underinsured claims first be arbitrated and then under certain circumstance filed in court. It is important that you check your insurance policy before you are involved in an accident to determine the amount of your uninsured and underinsured motorist coverage. New Jersey law allows a driver to carry as much uninsured and underinsured coverage as liability coverage. Accordingly, if you have a $100,000 liability insurance policy, you may request that your insurance company provide $100,000 of uninsured and underinsured motorist coverage as well. Some insurance companies will provide less coverage without your knowledge. So, it is important that you check you insurance declaration sheet to be sure that you have the appropriate amount of insurance. Once you are involved in an accident, it will be too late.

If you are involved in an accident, it is important to check all of the available policies to see if you are entitled to make a claim. There are many occasions where an injured person is entitled to make a claim under two or more policies for uninsured and underinsured claims. As always, we are more than happy to discuss your insurance coverage with you before you are involved in an accident. A simple call may save money and a lifetime of grief.
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Driving with a Revoked or Suspended License
by Edward Harrington Heyburn

There are many times a driver's license is suspend and he or she is unaware of it.  Sometime DMV will suspend your license because you have too many points, failed to pay an insurance surcharge or they believe your automobile insurance has lapsed. A Court may suspend your license if you missed a court date or failed to pay a fine on time.  If you are caught driving while your license is suspended, you can face significant consequences, including:

1st Offense

$250 Fine (Mandatory Minimum)

6 month license suspension

2nd Offense

$500 Fine (Mandatory Minimum)

6 month license suspension

3rd Offense

$1,000 Fine (Mandatory Minimum)

6 month license suspension

10 days jail (Mandatory Minimum)

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Who's the Boss?
If you ask most people who work, "Who's the boss?" you will...
What You Need to Know About DWI in NJ
10 Things You Should Know about DWI's in New...
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