The DiMatteo Law Firm

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03/09/2022

The New Jersey Supreme Court Determined today that keying in your passcode and opening an app is a violation of N.J. S.A. 39:4-97.3. The Court explained that the plain language and legislative history of the statute support the finding that defendant's actions in handling his phone while driving went well beyond permissible cell phone "activation" or "initiation" envisioned by the legislature. Defendant admitted his conduct in the car required him to divert his attention from steering his vehicle on a public road for enough time to enter his six-digit passcode, open the Google Maps app, and place the cursor in the search window. Such conduct is a violation of N.J.S.A. 39:4-97.3 and we find this result is consistent with the Legislature's express intent. State of NJ v MICHELANGELO TROISI.

11/03/2021

The New Jersey Appellate Court ruled that the New Jersey Constitution affords its citizens greater protection, when police flagrantly violate the knock and announce requirement when serving a search warrant. The court reasoned that the enhanced protections available under the New Jersey Constitution require suppression of the recovered evidence after the violation of the knock and announce. This is contrary to The United States Supreme Courts precedent which does not require suppression for these violations. State v. Caronna

04/09/2020

This is a difficult time for everyone, and we at the Di Matteo Law Firm, hope you and your family are safe and secure. But, it is also time where we believe you should think about your friends and family and their wellbeing.
With those thoughts in mind, we believe it is an appropriate time to think about what your family would or should do if you or any one of your family become ill. Who would make sure your financial decisions when you could not, who would make sure that your wishes regarding the types of medical treatment you receive should you not be able to make those decisions, and should you not survive that illness, what would you want to be done with your personal possessions and who would you want to make sure those wishes are carried out.

There are several legal documents which can give you some security in these uncertain times:
• Will - provides you with protection of who receives your personal and real assets after your Death.
• Power of Attorney-Provides you with a trusted person to attend to your own personal or financial assets during a period when you are incapable.
• Living Will (Heath Care Directive, Medical Care Directive) - Provides you with the ability to control your

We are here to discuss the these and any other legal matter you may have, with the hope of giving you some peace of mind in these uncertain times.
We can Be reached at (856) 547-4487 or (215) 437-0566

04/06/2020

Today the United States Supreme Court made it clear that information regarding the registered owner of a vehicle being on the Suspended and/or Revoked list, is a reasonable ground for the police to conduct an investigative stop of a Motor vehicle. KANSAS v. GLOVER

02/11/2020

The New Jersey Appellate Division definitively answered the question; whether an intoxicated individual, seated behind the wheel of a vehicle with its engine running, is a violation of N.J.S.A. 39:4- 50(a) of Operating of a Motor Vehicle while under the influence of alcohol or Drugs.
The Court reasoned that although a violation of N.J.S.A. 39:4-50(a) is commonly referred to as a DWI violation ("driving while intoxicated"), the statute actually makes no mention of "driving" as a fact that must be proven in order to convict an individual of this offense.
The Court reasoned that the statute instead prohibits "operation" of a vehicle while under the influence of alcohol or drugs. The reviewers the proper decisions of the New jersey Appellate and Supreme Court in rationalizing that an intoxicated person can be found guilty of violating N.J.S.A. 39:4-50(a), when running the engine without moving, or by moving or attempting to move the vehicle without running its engine. Indeed, the Supreme Court has held that an individual who staggers out of a tavern but is arrested before he is able to insert a key into his vehicle's ignition may be convicted of N.J.S.A. 39:4- 50(a).
In short, the Court stated that operation not only includes the circumstances to which referred but may also be established "by observation of the defendant in or out of the vehicle under circumstances indicating that the defendant had been driving while intoxicated." For example, a DWI conviction where the defendant was not even in her vehicle but instead was looking for her vehicle in a restaurant parking lot while in an intoxicated state.
The Court boldly stated that for the public, as well as the bench and bar, we deem it appropriate to express our holding in a published opinion, there is no doubt that an intoxicated and sleeping defendant behind the wheel of a motor vehicle with the engine running is operating the vehicle within the meaning of N.J.S.A. 39:4-50(a), even if the vehicle was not observed in motion; it is "the possibility of motion" that is relevant.

01/22/2020

Can the Government require you to turn over you Phone Pass code?

In New Jersey that is still up in the air!
In State v. Andrews, the New Jersey Supreme Court must decide whether to uphold whether law enforcement officers acted within legal bounds when they confiscated and retained Defendant Andrews’ cellphones and required him to provide passcode information that would allow access to the content of the phones.
In Pennsylvania, Commonwealth v. Davis, The Pennsylvania Supreme Court in late November 2019 issued a forceful opinion holding that the Fifth Amendment protects individuals from being forced to disclose a cellphone passcode to the police. The Pa Court found that disclosing a password is “testimony” in nature, and therefore, protected by the Fifth Amendment’s privilege against self-incrimination.

12/02/2019

The US Supreme Court is hearing oral argument on a critically-important gun case, New York State Rifle and Pistol v. City of New York. At issue is the extent to which a local government can restrict the transport of fi****ms both within a state and in interstate commerce.

This case has major ramifications for New Jersey gun owners, which restricts the transportation of fi****ms to between a residence, a workplace, owned by the gun owner, or the location of purchase; to a firing range, to a repair facility, or to the lawful residence of the gun owner. Outside of these limited exceptions, transportation of fi****ms in New Jersey constitutes a serious crime.

11/19/2019

Today the The New Jersey Supreme Court has remand a DWI case which questioned the scientific accuracy and reliability of drug recognition (DRE) expert at trial.

The case, will be heard by a Special Master, Hon. Joseph Lisa, who will decide if DRE evidence has become generally accepted in the scientific community and what a DRE expert can testify too..

The outcome of this case will determine what DRE testimony can be used in Prosecutions of DWI in New New Jersey.

11/11/2019

According to the New Jersey Law Journal on Thursday, the New Jersey General Assembly and the Public Safety Committee, passed a bill to allow New Jersey’s twenty-one (21) counties the authority to create central Municipal drug courts. The Purpose of which would give each Court the jurisdiction to hear cases involving crimes of the fourth degree, disorderly persons offenses or petty disorderly persons offenses related to controlled dangerous substances (Drugs). The Thought that “Affording counties the choice to establish municipal drug courts … specifically [to] deal with minor drug-related offenses creates room for a more expeditious and fair judicial process,” said one of the Bill Sponsors.

11/04/2019

The new New Jersey amendments to the DWI statute creates anl incentive for first time offenders to refuse to submit to a breath test. It appears that a person who refuses and is a first time offender can avoid any Driver's license suspension by installing an ignition interlock device to his vehicle prior to going to court and pleading guilty.

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