Paterson, New Jersey Legal Blog

Field sobriety test accuracy rates

If you find yourself facing criminal charges for allegedly driving under the influence of alcohol in New Jersey, it is important for you to learn about the facts that may be used to support a conviction by the prosecution team. These include the outcomes of the standardized field sobriety tests that are administered at the location of your stop and before you are arrested.

It is true that if a police officer deems you to have failed one or more of these tests, you may be arrested and charged with drunk driving. It is not true, however, that the results of any of these tests can ever prove that you were drunk at the time. As explained by, the purpose of these tests is simply to provide enough evidence so that an officer has the legal right to place you under arrest.

Reviewing the attractive nuisance doctrine

Summertime in Paterson offers your kids the chance the to enjoy carefree days full of adventure and excitement from all that the local area has to offer. As a parent, however, you often cannot fully enjoy the same benefit. That is because you worry about what your kids might encounter when they are out there having fun (specifically those attractions that might harm them when they are out there having fun). Many parents have come to us here at the Law Office of Scirocco & Marotta after their kids have been hurt by one of these attractions wondering what (if any) legal recourse is available to them. 

Like them, you will be comforted to learn that the attractive nuisance doctrine places the responsibility for protecting kids from dangerous attractions on the owners of the properties on which they are located. Per the Cornell Law School, this doctrine is based on the assumption that children (especially little children) lack the comprehension needed to understand the the risks that certain attractions pose). Therefore, property owners can be held liable if and when those attractions cause injuries it children. 

Brain injury lawsuit alleges negligent hiring

The legal principle of respondeat superior assigns liability to employers in Paterson for the negligent actions of their employees. Yet in many cases, an investigation into an employee's background might call into question the decision to hire them in the first place. In many industries, it is expected that employers will perform a thorough background check on job candidates to see if anything from their past may call their judgment into question (at the very least, employers should get an idea as to whether or not a person is qualified during the interview process). If those expectations are not met, and an employee later causes damages, accusations of negligent hiring may be leveled at the employer. 

Such is the claim being made by the family of a firefighter injured in the line of duty in Pennsylvania. The man suffered a severe brain injury that still has him hospitalized until this day when the driver of a dump truck hit him as he was directing traffic at the scene of an accident. In their lawsuit, the family claims that the company employing the driver hired him despite him not being qualified to operate the vehicle that he was driving, and that numerous incidents in the years prior to the accident should have indicated his inability to safely perform his job. 

Drunk driving: These are options to help prevent a DUI

If you're someone who likes to go out and have a good time, you probably know how quickly you can get into trouble with the law if you drink and drive. Fortunately, the world has changed a lot, and it's much easier to go without a vehicle.

There are multiple options that can help you prevent a DUI, so that you don't ruin your summer or someone else's. Here are three tips that you should consider.

Sayreville man accused of sexual abuse

Allegations of abuse against children may often prompt anger in community members in Paterson. When that abuse is reported to be sexual, that anger can be even further compounded. The fact that it was allegedly perpetrated against kids may cause many to rush to judgment and assign guilt to those accused before even allowing the facts of a case to come out. Even when those facts are released, people may already be so deeply prejudiced that they may have already formed their opinions. It should be remembered, however, that judgments should be reserved until a clear case is present. 

In the reporting of alleged sexual abuse, however, clarity is not something that is made immediately available. One need look no further than the arrest of a school teacher from Sayreville to confirm this fact. The teacher (who had been working at his school since 2005) allegedly engaged in sexual conduct with a minor student. Details of the conduct where not released other local Department of Education officials calling the incident deeply disturbing. The school has announced that the teacher will not be permitted to work there while the investigation into his alleged crimes is ongoing. 

How can I identify infidelity?

Among the many things that can go wrong during the course of a marriage, infidelity ranks among the worst. Most spouses are unable to bounce back after the other has cheated, which can mean that divorce is looming right around the corner. While the following information isn't definitive proof of a cheating spouse, Psychology Today has compiled some common signs of cheating. 

Sudden secrecy

Truck accident fatalities in New Jersey

Tractor-trailers, dump trucks, delivery trucks and other large vehicles are often seen on the roads and highways of New Jersey. While these rigs do important jobs that help people and communities get the goods or services they need, they can also pose serious risks to other drivers, passengers, motorcyclists, pedestrians and bicyclists. Accidents involving large commercial vehicles can be some of the deadliest.

According to records from the National Highway Traffic Safety Administration, many people are killed in New Jersey in these crashes every year. Between 2013 and 2017, the state saw an up-and-down pattern in the number of these fatalities starting with 60 in 2013 and then a jump to 74 in 2014. The following year saw a drop to 50 but then another increase in 2016 to 57 deaths. In 2017, 54 people lost their lives in large truck accidents.

Debt realities in a divorce

For most people in the U.S., debt is part and parcel of life. It is all but impossible to avoid having some debt even if that is just one car payment but is it common for people to have multiple debts to manage on a regular basis. When a couple in New Jersey faces an impending divorce, figuring out how to divide their debt can be a complicating factor and is one that deserves careful attention to avoid potential financial problems down the road.

As explained by SoFi, one thing that is important for divorcing couples is to identify the date of their official separation. This can often become the date after which any debt is incurred is the separate debt of only one spouse versus part of the marital debt. Dividing debt in a divorce is not as simple as just having responsibility assigned via a divorce decree. This is because the divorce judgment cannot shield one party from future debt collection even if their ex-spouse was named as responsible for the debt in the divorce decree.

When can New Jersey drivers use a cell phone in the car?

Checking a text or making a phone call when you are driving home is tempting. Modern technology can be very distracting. But you need to be aware of the potential consequences.

Not only are phones dangerous to drivers, using one behind the wheel is also against the law. You should know what cell phone behaviors may lead to a ticket—or an accident.

Avoid collisions during travel with these 3 tips

The summer is just around the corner, and with it comes an increased risk of getting into a crash. There are plenty of people who will travel to New Jersey at this time of year as we inch toward summer. You might be traveling for your vacation "down the Shore" or to visit friends and family, too.

With so many people on the roads, it's not surprising that there is a risk of getting into a crash. Fortunately, there are a few tips you can follow to protect yourself and your family when you're heading out on the highways or local roads.

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