b. A person commits a disorderly persons offense if he knowingly operates an unmanned aircraft system or uses an unmanned aircraft system to take or assist in the taking of wildlife. c. A person commits a disorderly persons offense if he operates an unmanned aircraft system while under the influence of intoxicating liquor, a narcotic, […]
Drone Law: Part 2
The text of the new drone law continues: 2. a. A person commits a disorderly persons offense if he knowingly or intentionally operates an unmanned aircraft system in a manner that endangers the life or property of another. In making this determination, the court shall consider the standards for safe operation of small unmanned aircraft […]
Drone Law: Part 1
A new law criminalizing certain drone activities, including “drinking and droning”, was signed by Governor Christie before he left office. The text of the law reads: 1. As used in this act: “Operate” means to fly, control, direct, or program the flight of an unmanned aircraft system. “Unmanned aircraft” means an aircraft that is operated […]
Aggravated Assault and Defense of Others: Part 3
We recognize that an inadequate factual basis does not necessarily entitle a defendant to relief upon a collateral attack of a conviction. “If a guilty plea is knowing and voluntary, a court’s failure to elicit a factual basis for the plea is not necessarily of constitutional dimension and thus does not render illegal a sentence […]
Aggravated Assault and Defense of Others: Part 2
The trial court minimized the threat of harm the victim posed to Pugh. We disagree. Serious bodily harm could certainly result from the victim biting Pugh’s hand so firmly that Pugh could not extricate it; and so stubbornly that the victim would not relent despite defendant’s placement of a headlock. The jaw is a powerful […]
Aggravated Assualt and Defense of Others: Part 1
On December 26, 2017, a three-judge appellate panel decided the Atlantic County case of State v. Belton. The principle issue arose under N.J.S.A. 2C:3-5 “Use of Force for the Protection of Other Persons.” It was whether Belton was entitled to have his guilty plea to first degree aggravated manslaughter vacated because he stated during the […]
Driving While Suspended And The Vacation of DUI Conviction: Part 3
Here, we conclude that convicting defendant of driving while suspended for a second or subsequent DWI conviction when he only has one prior DWI conviction would constitute a miscarriage of justice. Furthermore, sentencing defendant to the minimum imprisonment of 180 days under N.J.S.A. 2C:40-26(c) would bring about “an increased period of incarceration as a result […]
Driving While Suspended And The Vacation of DUI Conviction: Part 2
At her trial, the defendant in Sylvester argued she was not guilty of violating N.J.S.A. 2C:40-26(b), asserting her license was not validly suspended at the time of the alleged offense because the conviction was subsequently vacated. The trial court rejected this argument and reasoned that on the date the defendant drove, her license was suspended, […]
Driving While Suspended And The Vacation of DUI Conviction: Part 1
On November 29, 2017, a three-judge Appellate Division panel decided the Essex County case of State v. Leon Faison. The principle issue was whether a defendant could be convicted of fourth-degree driving while his license was suspended for a second or subsequent DWI conviction when, after indictment for this offense, one of two of the […]
Trooper Dennis Alcotest Prior Convictions: Part 3
Judge Lisa had previously issued a related stay Order in the case of State v. Eileen Cassidy. Note that the prosecution moved for a stay, as opposed to the attorney for Ms. Cassidy. The stay avoids an administrative nightmare if numerous pending cases resolved and then were subject to post-conviction attack because of what might […]
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