Andrew S Blumer's Answers

I used an unsafe for careless driving in 2005 and then again last year in 2011. I am now in serious trouble with two tickets.

Thank you for your email. I would only add that it appears you are eligible to use the unsafe driving presently, given the 6 year gap between the 1st and 2nd unsafe per your email. Whether a prosecutor agrees to it is a very different inquiry. The relevant part of the 39:4-97.2 statute reads: "e. An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty...

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Can I sue a bar for serving me (underage) alcohol and afterwards getting into a car accident?

The short answer, in my evaluation, is that you may pursue a suit against the Bar. The test is essentially whether or not you were visibly intoxicated and they continued to serve you. There are more things to consider than just that alone, but this establishment may be lax in their enforcement of serving alcohol based on your fact pattern. You have 2 years from the date of the incident. If you are a minor, then you have 2 years from your 18th birthday to pursue this, though if you wish to,...

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What remedies do I have for irreplaceable property damage knocked out by a DUI driver?

Thank you for your email. First, your parents present with an economic damages claim for the items delineated. Second, questions as to the proper value of each of these items will abound and, hopefuly, there are no unusual circumstances that would void the other driver's insurance coverage on the vehicle he/she was operating. Assuming there is available insurance coverage, then the claim could mosty likely be pursued through a contingency basis (not an hourly rate case). You also...

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Can I file a personal injury action for injuries sustained in slip and fall accident on private residence

Thank you for your email. You present with what appears, on a preliminary basis, to be a favorable position on liability (establishing fault/negligence on the part of the residence owner). Notice is always a big issue in these types of cases and the argument of why you didn't see the ice/snow accumulaton will be argued by the defense. As for damages, you likewise have a favorable preliminary assessment since the fracture is an objective, presentable injury to a jury that can show proof...

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I'm 25-2nd year teacher-3 glasses wine-pulled over-.09 breath-could I lose my job?

Thank you for your email. DUI/DWI matters are generally provable by the State through 2 means-- 1) per se (based on the machine readings, assuming the machine was in proper working order and a host of other proofs, incuding certifications, that the State must provide to verify the accuracy of the purported readings; or 2) psycho-physical route (based on the roadside and/or station physical tests that were performed and your mannerisms on video and a host of other variables. The above is a...

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Got charged with DUI at checkpoint

Thank you for your email. These are very serious charges that carry potential loss of license, monetary penalties, points and costs. A comprehensive review of all the facts must be undertaken, as well as a review of the State's discovery (the materials that they will rely upon to prosecute your friend). I am a former municipal court prosecutor. My practice is statewide. Please feel free to contact me if you wish to discuss potential representation of your friend (he/she can also call...

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Am I liable if someone gets drunk at my house and drives home if they are over 18 and they crash

Thank you for your email. There are Social Host Liability laws in New Jersey for a situation like this. A critical issue is whether or not this person was served alcohol in your home while he/she was visibly intoxicated and what efforts, if any, were made to restrain the person from dirving if he/she was in fact visibly intoxicated prior to departure. If this occurred in a home, and assuming you have homeowners insurance, then you would forward any lawsuit filed against you to your...

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Left Turn Caused Crash. Please help

Thank you for your email. You may have a case. The issues in your matter will focus on liability (who is at fault) and damages (the nature and extent of your injuries). As for damages, given your 10 day hospitilzation, I assume you have some documented, serious injuries that will require medical treatment. As for liability, New Jersey is a comparative negligence state. In other words, if you are 51% or more at fault, you cannot recover any damages.If you are 50% or less responsible...

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Looking for a laywer!driving while suspended(dwi) new jersey 2nd offense!

Thank you for your email. These are serious charges. There is possible incarceration, loss of license, surcharges, fines and costs at stake. A comprehensive defense requires an assessment of all of the underlying facts and assessment of the State's proofs. I am a former municipal prosecutor. My practice is statewide. Please feel free to call me (732.303.6430) if you wish to discuss potential representation. -Andrew Blumer, Esq. *The above neither constitutes legal advice nor...

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Accident that caused moderate head injury and other injuries -- should i get a lawyer of just wait to see what happens?

Thank you for your email. There are many issues that need to be addressed in order to protect your rights. You will need to deal with your own insurance company for the processing and payment of your medical bills and, dependent upon the other driver's insurance status, property damage repair. Further, you are dealing with significant injuries and have a right to protect yourself by addressing potential compensation you may be entitled to for past, present and future suffering,...

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