Respondent McNeely was stopped by a Missouri police officer for speeding and crossing the centerline. After declining to take a breath test to measure his blood alcohol concentration (BAC), he was arrested and taken to a nearby hospital for blood testing. The officer never attempted to secure a search warrant. McNeely refused to consent to the blood test, but the officer directed a lab technician to take a sample. McNeely’s BAC tested well above the legal limit, and he was charged with driving while intoxicated (DWI). He moved to suppress the blood test result, arguing that taking his blood without a warrant violated his Fourth Amendment rights. The trial court agreed, concluding that the exigency exception to the warrant requirement did not apply because, apart from the fact that McNeely’s blood alcohol was dissipating, no circumstances suggested that the officer faced an emergency. The State Supreme Court affirmed, relying onSchmerber v. California, 384 U. S. 757, in which this Court upheld a DWI suspect’s warrantless blood test where the officer “might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened ‘the destruction of evidence,’ ” id., at 770. This case, the state court found, involved a routine DWI investigation where no factors other than the natural dissipation of blood alcohol suggested that there was an emergency, and, thus, the nonconsensual warrantless test violated McNeely’s right to be free from unreasonable searches of his person.
Christie Expected to Veto New Jersey Gay Marriage Bill
The New Jersey Assembly on Thursday passed a bill legalizing same-sex marriages, setting the stage for an expected veto by Gov. Chris Christie.
The 42-33 vote sends the bill to Christie’s desk. The Republican governor who opposes gay marriage had promised “very swift action” if the bill passed both houses of the Legislature. The Senate approved the bill Monday.
OVER-SERVED, OVER THE LIMIT
Enjoying a night out with friends can be a great time, but it can also lead to serious consequences. In 2010, more than 10,000 people died as a result of a drunk driving accident, that’s one every 51 minutes.
When you’re out with friends it can be difficult to keep track of how many you’ve had, so when you’re visibly intoxicated and still being served drinks by a bar, restaurant or other establishment, the Supreme Court of New Jersey has ruled they may be liable for damages caused by your subsequent actions. Holding these places of business accountable for negligence is known as dram shop liability.
If you are seeking a criminal defense attorney for yourself or a loved one, contact the Law Office of Howard D. Popper, P.C., during the past 25 years, we have worked tirelessly to protect your constitutional rights and to minimize the consequences of an arrest or conviction. We offer free initial consultations and can travel to you upon request. Contact us toll free at 1-888-844-0776.
The Law Office of Howard D. Popper, P.C., is a proud member of the Million Dollar Advocates forum. Established in 1993, the Million Dollar Advocates Forum is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. Less than 1% of U.S. lawyers are members. Additionally, as a member of the American Association of Justice, the Law Office of Howard D. Popper, P.C., plays a meaningful role in the fight for civil justice while empowering ourselves to most effectively represent our clients against even the most powerful adversaries.
Friends Don’t Serve Friends Drinks And Let Them Drive
Hosting or attending a party is a great way to stay connected with your friends, whether it’s to celebrate a birthday, promotion, marriage, or just to catch up; everyone enjoys a good ole fashion house party once in awhile. But just what kind of risks are you taking in hosting or attending that social gathering?
Legally, a “social host” is any person who by express or implied invitation invites another person into their home and who legally provides alcoholic beverages to that social guest. If you, as a social host, serve alcohol to a guest who is “visibly intoxicated” and that guest leaves your party and causes injuries to a third person (for example, by drinking and driving), you can be held responsible for the injuries and damages caused by your guest.
Likewise, if you are a guest at a party and the social host over-serves you alcohol and doesn’t provide adequate transportation from the gathering, they may be held responsible for injuries and damages to a third party resulting from an accident that may occur while you are trying to get home.
At the Law Office of Howard D. Popper, P.C., we have fought for the rights of New Jersey residents for more than a quarter of a century. What sets us apart from our colleagues in the profession is our strong commitment to getting the best results for you. In a personal injury case, we will use our extensive skill, knowledge, experience and resources to find every last dollar for you. When we defend you in a criminal matter, we will work tirelessly to protect your constitutional rights and to minimize the consequences of an arrest or conviction.
We will come to the hospital or your home to meet with you if you are unable to travel. Our law firm offers a free initial consultation and represents our clients on a contingency basis in personal injury claims (meaning you pay no fee unless we recover compensation for you). Contact us toll free at 1-888-844-0776.
CAUTION – ROAD WORK AHEAD
The Construction industry is dangerous; in fact, it is one of the leading professions for workplace injuries. Vehicles are dangerous; with 5.4 million police reported accidents in 2011. So the chances are good that if you work in roadway construction, you or someone you care about will eventually be involved in a construction site vehicle collision. When these types of accidents occur, it can be difficult to know who is financially responsible for the resulting injuries, and the answer is not always simple.
While you may be entitled to worker’s compensation benefits, they may fall short. The good news is that you may also be entitled to compensation by a third-party who was partially or wholly responsible for the accident. This is often the case when numerous contractors and agencies are working on one project. If you or a loved one has been involved in a construction site vehicle accident if is important to know who is financially responsible for the physical and emotional devastation caused by the accident.
At the Law Office of Howard D. Popper, P.C., we have fought for the rights of New Jersey residents for more than a quarter of a century. What sets us apart from our colleagues in the profession is our strong commitment to getting the best results for you. In a personal injury case, we will use our extensive skill, knowledge, experience and resources to find every last dollar for you. When we defend you in a criminal matter, we will work tirelessly to protect your constitutional rights and to minimize the consequences of an arrest or conviction.
We will come to the hospital or your home to meet with you if you are unable to travel. Our law firm offers a free initial consultation and represents our clients on a contingency basis in personal injury claims (meaning you pay no fee unless we recover compensation for you). Contact us toll free at 1-888-844-0776.
Let ‘Em Work, Let ‘Em Live – NJ Road Construction Accidents
Road construction is a common sight on New Jersey roadways, and the risks posed to workers and the general public is significant. Construction is one of the most dangerous occupations in the world, incurring more occupational fatalities than any other sector in the United States. It is also one of the leading professions for non-fatal workplace injuries.
The failure of drivers to follow special speed limits and other posted warning signs can lead to serious injuries for both workers, pedestrians, and drivers. With all of the dust, equipment, and chaos found at construction sites, it can sometimes be difficult to establish who is to blame when an accident occurs, and even more difficult to determine what legal action needs to be taken.
If you are seeking a personal injury attorney for yourself or a loved one following a serious construction site vehicle accident, contact the Law Office of Howard D. Popper, P.C.; during the past 25 years, we have achieved full and fair compensation for our clients in countless personal injury cases. What sets us apart from our colleagues in the profession is our strong commitment to getting the best results for you. In a personal injury case, we will use our extensive skill, knowledge, experience and resources to find every last dollar for you.
We will come to the hospital or your home to meet with you if you are unable to travel. Our law firm offers a free initial consultation and represents our clients on a contingency basis in personal injury claims (meaning you pay no fee unless we recover compensation for you). Contact us toll free at 1-888-844-0776.
About Us
At the Law Office of Howard D. Popper, P.C., we have fought for the rights of New Jersey residents for more than a quarter of a century. What sets us apart from our colleagues in the profession is our strong commitment to getting the best results for you. In a personal injury case, we will use our extensive skill, knowledge, experience and resources to find every last dollar for you. When we defend you in a criminal matter, we will work tirelessly to protect your constitutional rights and to minimize the consequences of an arrest or conviction.
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