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Drive Sober or Get Pulled Over Drunk Driving Crackdown

Beginning December 5, 2011 and ending January 2, 2012, the New Jersey Division of Highway Traffic Safety will be cracking down on impaired drivers on New Jersey’s roadways. The goal of the crackdown  is prevention, not arrests. It will include highly visible sobriety checkpoints throughout the state; it will also send a clear message to convince drivers that the chances of getting caught driving drunk in New Jersey are too high to risk.

Under New Jersey law, a blood alcohol level of 0.08% constitutes being “over the limit.”

What can you do to prevent getting pulled over for drunk driving?

1)      Don’t risk it. If you plan to drive, don’t drink.

2)      Choose a designated driver.

3)      Take mass transit, a taxicab or ask a friend to drive you home if you didn’t plan in advance.

4)      Spend the night where the activity is being held.

Don’t become a statistic  ̶  In 2009

• 8,976 people 21 to 34 years old were killed in motor vehicle traffic crashes. Of those, 47 percent (4,206) were killed in alcohol-impaired driving crashes.
• Alcohol impairment among drivers involved in fatal crashes was four times higher at night than during the day (37 percent versus 9 percent).
• Thirty-one percent of drivers involved in fatal crashes on weekends were alcohol-impaired, compared with 16 percent during the weekdays.
• 32 percent of fatalities in motor vehicle traffic crashes involved drivers or motorcycle riders with BACs of .08 or above — an average of one fatality every 48 minutes.
• The percentage of drivers with BACs of .08 or above involved in fatal crashes was highest for motorcycle riders (29 percent), followed by drivers of light trucks (23 percent) and passenger cars (23 percent).
• Forty-three percent of the 2,291 motorcycle riders who died in single-vehicle crashes had BACs of .08 or above.
• The age groups of 45 to 49 and 40 to 44 had the highest percentages of impaired (BAC of .08 or higher) motorcycle riders killed in fatal crashes — 41 percent and 38 percent, respectively.

Are Sobriety Checkpoints Legal?

The U.S. Supreme Court in 1990 (Michigan v. Sitz) upheld the constitutionality of sobriety checkpoints. The Court held that the interest in reducing alcohol-impaired driving was sufficient to justify the brief intrusion of a sobriety checkpoint. If conducted properly, sobriety checkpoints do not constitute illegal search and seizure in most states.

What are the consequences of a DWI conviction in New Jersey?

New Jersey DWI FAQs

If you or someone you know has been charged with a DWI in New Jersey, contact the New Jersey DWI Lawyers at Garces & Grabler, P.C.

How to Bankruptcy: 5 Types of Info to Gather Before Filing Bankruptcy in NJ

If you are planning to file bankruptcy in NJ and will be using bankruptcy lawyers in NJ, there are several things you can do to prepare for your initial consultation.

One of the most important things you can do prior to filing for bankruptcy in NJ is to collect certain types of information. This will save you time and stress and help your attorney expeditiously file your petition.

You will want to document or gather the following:

1. Mortgage(s) – Determine what your current appraisal value is as well as your pay-off amount, determine the mortgagors information, and determine what your monthly payments are and how many payments you are behind, if applicable;
2. Vehicle(s) – Ascertain the market value of all your vehicles, and if financed or leased, collect the lenders information and the pay-off amount;
3. Personal Property – make a list and place a value on your collective furniture and furnishings, collective clothing and apparel, collective jewelry, cash on hand, balance in checking and savings accounts, and any pensions plans;
4. List of Unsecured Creditors – Collect the addresses of all your unsecured creditors (i.e., credit cards, medical bills, personal loans, cash advances) and how much you owe;
5. Pay Stubs – Obtain pay stubs or proof of income for the 6 months prior to filing; 3 months of Bank statements and a last year tax return.

Get more information about Bankruptcy in NJ

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New Jersey Schools to Adopt New Anti-Bullying Policies

Attorney General Paula T. Dow today announced the distribution of a new agreement to be executed by school districts and law enforcement agencies throughout New Jersey in order to establish enhanced policies and procedures to protect students from bullying.

The revised Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials was drafted to meet the provisions of the Anti-Bullying Bill of Rights Act, signed into law by Governor Chris Christie on Jan. 5, 2011. The act sets forth standards for preventing, reporting, investigating and responding to incidents involving bullying of students. The revised MOA provides for coordination of efforts between law enforcement and school officials, particularly in cases involving conduct that may constitute a crime or disorderly persons offense under state law. The Attorney General’s Office and Department of Education sent the MOA this week to county prosecutors and county superintendents of schools for distribution to local officials.

“Bullying inflicts incalculable harm on victims, debases the bullies themselves, and degrades the safety and civility of the school environment,” said Attorney General Dow. “This memorandum of agreement will help ensure that school staff and law enforcement authorities throughout New Jersey work cooperatively to investigate and address potential crimes and serious acts of bullying in our schools.”

Research has shown that bullying has severe negative effects on victims, bullies and even observers of bullying. The effects on student victims include behavioral problems (e.g., suicide, violence), school problems (e.g., high absenteeism, poor achievement, and poor concentration), psychological problems (e.g., depression, anxiety, and low self-esteem), physical/health problems (e.g., stomach aches, dizziness, and headaches) and social problems (e.g., difficulty making friends, difficulty adjusting to their environments, loneliness). Bullies are more likely to get into fights, steal and vandalize property, drink alcohol or smoke, carry weapons, receive poor grades and perceive the school environment as negative, according to research.

The revised MOA was developed by the Attorney General’s Education and Law Enforcement Working Group based upon earlier memoranda of agreement issued in 1988, 1992, 1999 and 2007. It was developed after thorough consultation with the education and law enforcement communities in New Jersey. The revised MOA was prepared for adoption by local law enforcement and by all public school districts and charter schools.

The Anti-Bullying Bill of Rights Act requires each school district to adopt a policy prohibiting “harassment, intimidation or bullying,” as defined in the act. The revised MOA notes that while the act did not create a criminal offense of “bullying,” bullying conduct may violate one or more provisions of the New Jersey Criminal Code if it includes, for example, assault, harassment, threats, robbery or sexual offenses. As in past versions of the MOA, school officials agree to refer cases to law enforcement when they believe that certain criminal offenses have been committed.

In the past, schools typically would suspend their own investigations in such cases in deference to law enforcement until the law enforcement investigation had been completed. However, the Anti-Bullying Bill of Rights Act calls for schools to complete harassment, intimidation or bullying investigations within 10 school days. As a result, proper coordination between school officials and law enforcement is critical. The revised MOA provides enhanced standards for schools and law enforcement regarding reporting and information sharing, the preservation of evidence, the coordination of investigations, and testimony at school student conduct hearings.

Under the revised MOA, school and law enforcement officials agree to jointly review such matters as they plan or proceed with their respective investigations. The MOA specifies that law enforcement may request that a school not interview certain witnesses or not seek certain evidence in order to avoid interfering with an ongoing criminal investigation. Law enforcement agencies agree to testify at any suspension or expulsion hearing, provided that the information is kept confidential and prior notice is given to the county prosecutor’s office, which can preclude such testimony where it would interfere with an ongoing investigation or prosecution.

Police are required under the revised MOA to notify the school principal when a student or a student’s parent or guardian reports to police that a student has been a victim of harassment, intimidation or bullying, provided the offender, if a juvenile, has been charged or is under investigation for a criminal offense in circumstances where the information may help the school maintain order, safety or discipline, or where it may assist the school in placing the offender in appropriate programs.

School officials, in turn, agree to inform students that they may report an alleged offense to law enforcement, but school officials are not to express an opinion to the victim as to whether a crime has been committed. The revised MOA also provides guidance regarding the statutory duty of law enforcement officers to assist school attendance officers, also known as truant officers. For example, when practicable, police should accompany attendance officers to the homes of students in circumstances where attendance officers have concerns for their safety.

Brought to you by the New Jersey Attorneys at Garces & Grabler, P.C.

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New Jersey Woman Pleads Guilty to Ponzi Scheme

A Bergen County, N.J., woman who owned a purported wholesale merchandise broker admitted to running a multimillion-dollar Ponzi scheme that resulted in losses to investors of more than $2 million, according to an announcement by U.S. Attorney Paul J. Fishman.

Jenifer Devine, 39, of Fair Lawn, owner of Devine Wholesale, pleaded guilty before U.S. District Judge Claire C. Cecchi in Newark federal court to an Information charging her with wire fraud.

According to documents filed in this case and statements made in court:

From December 2008 through September 2010, Devine, through Devine Wholesale, solicited investors from New Jersey and throughout the United States, telling them she would use their money to fund her wholesale clothing and electronics business. Devine admitted that to induce the investors to make 30- to 60-day investments she promised returns of up to 25 percent per investment. Devine also showed some investors false and fraudulent inventory lists of products she was purportedly reselling. As a result of these solicitations, more than 15 investors sent over $8 million to Devine and Devine Wholesale during this time period.

Devine admitted that, contrary to her representations to investors, Devine Wholesale was not a legitimate business. Devine admitted that instead of using the investor money to purchase clothing or electronics, she used the vast majority of new investor funds to make principal and interest payments to existing investors in Ponzi scheme fashion. Devine also used a portion of the investors’ money on various personal expenses, such as a Royal Caribbean cruise and purchases at luxury retailers such as Burberry, Gucci and Coach.

Devine admitted that as a result of her conduct, investors lost more than $2 million.

The wire fraud count to which Devine pleaded guilty carries a maximum potential penalty of 20 years in prison and a fine of up to $250,000 or twice the amount of gain to Devine or loss to victims as a result of her criminal conduct. Sentencing before Judge Cecchi is scheduled for Dec. 20, 2011.

U.S. Attorney Fishman credited Special Agents of the FBI, under the direction of Special Agent in Charge Michael B. Ward, for the investigation leading to today’s guilty plea.

Brought to you by the New Jersey Law Offices of Garces & Grabler, P.C.

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Warning of “Financial Recovery Awards” Scam Reaching Flood Victims

The New Jersey Division of Consumer Affairs is warning consumers about a “Financial Recovery Awards” scam mailing sent to homeowners in flood-affected areas.

Homeowners in Little Falls received a mailed letter that begins, “STATEMENT OF YOUR BENEFITS,” and states, “The Payment Security Administration (PSA) has determined that you shall receive entitlements and a Financial Recovery Award of up to $27,500.00.”

The letter asks recipients to mail a “Benefit Consent Form” to a post office box in Canada, along with a “Processing Fee” of $29.97 paid by check, money order, or credit card authorization.

The fine print on the back page includes language about sweepstakes rules. State and federal law, however, are clear that that no sweepstakes can require consumers to make a payment in order to receive a prize.

View example of Scam Letter

“Consumers should be extremely cautious with any request that they send money to an unknown person or business,” Thomas R. Calcagni, Director of the Division of Consumer Affairs, said. “By sending a check, you are giving the recipient your bank account information and the bank’s routing number. With this information, or with an authorization to charge your credit card, you expose yourself to unauthorized withdrawals of your hard-earned money.”

Calcagni noted that consumers should beware of any mailer or advertisement that, like the “Payment Security Administration” mailer, has any of these signs of a possible scam:

• Offering huge prizes in exchange for small, up-front payments;
• The use of an official-sounding but unverifiable name; for example, if an Internet search reveals that an agency by that name may not actually exist;
• Fine print that includes unclear or confusing language; or
• The request that payments be sent outside the United States.

“Anyone who receives this mailer should immediately contact the Division of Consumer Affairs,” Calcagni continued. “The residents of New Jersey’s flood-affected areas have experienced enough stress and suffering, without the additional insult of being scammed.”

This message has been brought to you by the New Jersey attorneys at Garces & Grabler, P.C.

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Why It’s Important to Hire the Right NJ DWI Lawyer

Getting arrested for DUI or DWI in New Jersey doesn’t necessarily mean you need a New Jersey DUI lawyer. However, there are many important reasons why it is good to appoint a NJ DUI attorney to handle your case when you get arrested. If you are being charged with drunk driving in New Jersey, you want to get a New Jersey DUI defense expert to represent you. Retaining an experienced New Jersey DUI attorney can make or break your case.

DUI and DWI are serious charges that can follow you for the rest of your life. You may face losing your driving privileges, as well as countless fines and surcharges, and even increased automobile insurance rates. On a personal level, you could be passed over for a job you want, or you may not be approved for a loan, since lenders will most likely judge your character based on your actions.

When choosing a lawyer to represent you in a New Jersey DUI case, it’s important to choose a New Jersey lawyer who specializes in New Jersey DUI and DWI cases. A specialist NJ DUI lawyer will ensure that your rights are protected; he or she will be able to find ways to exclude evidence that may result in a dismissal of your DUI or DWI case in New Jersey.

As part of your NJ DUI defense, your New Jersey DWI attorney look into the details of your case and consider many variables that could get your case dismissed. These variables include finding out if you were illegally stopped, if the breath test machine was not properly operated, or if the arresting officer failed to read the implied consent warning.<p>Every New Jersey DWI charge is unique, so the variables your NJ DUI lawyer considers are also unique. Remember to be completely honest with your New Jersey DWI attorney. Complete honesty is the best way to help your NJ DUI lawyer to prepare the best DWI defense for you.

Contact the NJ DWI Lawyers at Garces & Grabler, P.C.

New Jersey DWI Crackdown Begins August 19

Beginning August 19, the annual “Over the Limit, Under Arrest” crackdowns will run throughout New Jersey, through September 5. New Jersey State Police will conduct saturation patrols and sobriety checkpoints, looking for motorists who may be driving while intoxicated.

“Any time you drink and drive, you are putting yourself, your family and the public at large in great danger. There is just no excuse to drink and drive,” Attorney General Paula T. Dow said. “Having just one drink can impair your judgment and slow your reaction time, which can lead to disastrous consequences.”

“Over The Limit, Under Arrest” is a concentrated national effort that helps raise awareness about the dangers of drunk driving through high-visibility enforcement and public education. The initiative was launched in 1999 as a program aimed at combating drunk driving during the summer months – one of the busiest travel times of the year.

The Division of Highway Traffic Safety offers the following advice to ensure a safe summer travel season for those who choose to drink alcohol this summer:

• Take mass transit, a taxi or ask a sober friend to drive you home.
• Spend the night rather than get behind the wheel.
• Report impaired drivers to law enforcement. In New Jersey, drivers may dial #77 to report a drunk or aggressive driver.
• Always buckle up, every ride, regardless of your seating position in the vehicle. It’s your best defense against an impaired driver.

If you’re intoxicated and traveling on foot, the safest way to get home is to take a cab or have a sober friend or family member drive or escort you to your doorstep.

If you have received a DWI contact the New Jersey DWI lawyers at Garces & Grabler, P.C.

“Ponzi’ Schemes – Investment-Related Scams

What is a “Ponzi” Scheme?

“Ponzi” schemes promise high financial returns or dividends not available through traditional investments. Instead of investing the funds of victims, however, the con artist pays “dividends” to initial investors using the funds of subsequent investors. The scheme generally falls apart when the operator flees with all of the proceeds or when a sufficient number of new investors cannot be found to allow the continued payment of “dividends.”

This type of fraud is named after its creator—Charles Ponzi of Boston, Massachusetts. In the early 1900s, Ponzi launched a scheme that guaranteed investors a 50 percent return on their investment in postal coupons. Although he was able to pay his initial backers, the scheme dissolved when he was unable to pay later investors.

Tips for Avoiding Ponzi Schemes:

• Be careful of any investment opportunity that makes exaggerated earnings claims.
• Exercise due diligence in selecting investments and the people with whom you invest—in other words, do your homework.
• Consult an unbiased third party—like an unconnected broker or licensed financial advisor—before investing.

This message has been brought to you by the New Jersey attorneys at Garces & Grabler, P.C.

Reverse Mortgage Scams – Targeting Senior Citizens

What is a reverse mortgage?

Reverse mortgages, also known as home equity conversion mortgages (HECM), have increased more than 1,300 percent between 1999 and 2008, creating significant opportunities for fraud perpetrators.

What are reverse mortgage scams?

Reverse mortgage scams are engineered by unscrupulous professionals in a multitude of real estate, financial services, and related companies to steal the equity from the property of unsuspecting senior citizens or to use these seniors to unwittingly aid the fraudsters in stealing equity from a flipped property.

In many of the reported scams, victim seniors are offered free homes, investment opportunities, and foreclosure or refinance assistance. They are also used as straw buyers in property flipping scams. Seniors are frequently targeted through local churches and investment seminars, as well as television, radio, billboard, and mailer advertisements.

A legitimate HECM loan product is insured by the Federal Housing Authority. It enables eligible homeowners to access the equity in their homes by providing funds without incurring a monthly payment. Eligible borrowers must be 62 years or older who occupy their property as their primary residence and who own their property or have a small mortgage balance.

Tips for Avoiding Reverse Mortgage Scams:

• Do not respond to unsolicited advertisements.
• Be suspicious of anyone claiming that you can own a home with no down payment.
• Do not sign anything that you do not fully understand.
• Do not accept payment from individuals for a home you did not purchase.
• Seek out your own reverse mortgage counselor.

If you are a victim of this type of fraud and want to file a complaint, please submit information through the FBI electronic tip line or through your local FBI office. You may also file a complaint with HUD-OIG at www.hud.gov/complaints/fraud_waste.cfm or by calling HUD’s hotline at 1-800-347-3735.

This message has been brought to you by the New Jersey attorneys at Garces & Grabler, P.C.

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William Garces to speak at “Restoring Freedoms” Conference

New Jersey attorney William J. Garces, Esq. of Garces & Grabler, P.C. will be a Guest Speaker at Restoring Freedoms, a conference in celebration of Dr. Martin Luther King’s “vision of a free and prosperous America for all.” Mr. Garces will be speaking on Immigration Reform.

The Restoring Freedoms conference is slated for August 28, 2011, on the anniversary of Dr. King’s “I Have a Dream” speech. The goals of the conference are to bring that message of freedom and liberty into the inner city and urban areas.

The event will be held at the State House, 125 W. State Street, Trenton, New Jersey, 10am-5pm. The event is free, and is open to the public.

Other Guest Speakers include Mayor of Trenton Tony Mack, union leader and civil rights activist Jesse Epps, and Mayor of Borough of Highlands, New Jersey, Anna Little, among other inspirational speakers who will address what freedom means to them and how we, as a society, can move forward to ensure that America will always be a beacon of light for justice and equality to those oppressed.

Invited Guests include Congressman Ron Paul of Texas, U.S. Senator Rand Paul, as well as activist and civil rights minister Rev. Al Sampson.

“Preserving freedom is something we have to be vigilant about in this society and make sure our freedoms are extended to everyone,” Mr. Garces said.

The Restoring Freedoms event is raising money for three deserving Trenton organizations. A portion of the funds raised will be donated to UIH Family Partners, Education Works, and the Trenton Veterans Service.

There will also be a collection bin set up for those who wish to donate education supplies.

Other participating groups include the National Union of American Families, The Political Emporium, Campaign for Liberty, as well as Young Americans for Liberty.

Restoring Freedoms had originally been scheduled for January 17, in remembrance of Martin Luther King.

William J. Garces is founder and managing partner of Garces & Grabler, P.C., a New Jersey law firm with seven law office locations throughout New Jersey, representing clients in New Jersey since 1991.

For more information about Restoring Freedoms visit www.restoringfreedoms.com

For more information about Garces & Grabler, P.C. www.garcesgrabler.com