Author: Stephen M. Di Stefano

Now that the temperatures outside have started to dip and the winter driving season is upon us, it is time to remind you of New Jersey’s ice and snow removal law. Remember to remove all ice and snow from your vehicle before driving, especially from the hood, windows, and roof. Motorists who fail to obey this law face fines of $25 to $75 for each offense, regardless of whether the ice and snow is dislodged from the vehicle. If flying ice or snow causes property damage or injury to others, motorists face fines of $200 to $1,000 for each offense. Continue reading →

Under a new law called the “Kulesh, Kubert and Bolis’ Law,” proof that a defendant was operating a hand-held wireless telephone while driving a motor vehicle may give rise to the presumption that the defendant was engaged in reckless driving. Prosecutors are empowered to charge the offender with committing vehicular homicide or assault when such type of accident occurs from reckless driving. Vehicular homicide is generally a crime of the second degree, punishable by imprisonment of five to ten years, a fine of up to $150,000, or both. Assault by auto is a crime of the fourth degree if serious bodily injury occurs and a disorderly persons offense if bodily injury occurs. A fourth degree crime is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. The penalty for a disorderly persons offense is imprisonment for up to six months, a fine of up to $1,000, or both. Continue reading →