On January 21, 2010, the Messenger-Press reported that Robbinsville and four other schools have failed to meet the annual mark for the “No Child Left Behind Program.” Students failed to achieve the minimum scores on the annual standardized test. The others schools are also the Upper Freehold Regional School District and Plumstead School district.
The Law Offices of Edward Harrington Heyburn, PC is cuurently challanging the adequacy of the Robbinsville Special Education Program which warehosed students with special needs. Our offices is request that the school district pay for private special education in light of their inability to provide Free Appropriate Public education. If you have any questions concerning a challange to a school board’s decision, please call Edward Harrington Heyburn at (609) 259-7600.
Governor Coresine is set to sign a new seat belt law that will permit police officers to pull drivers over for failure to wear a seatbelt. Although failure to wear a seatbelt is currenly illegal, the new law will allow police officer to stop motorist for failing to wear a seatbelt even if they have not committed any other violations. Ironically, it was Governor Coresine that was injured when in an accident because he failed to wear a sealt belt. Buckle up now or Buck up later.
David Goldman won an international custody battle that began 5 years ago when his wife took their son to Brazil. Mrs. Goldman established residency and divorced David Goldman and then remarried in Brazil. The controversy peaked when the former Mrs. Golman died during child birth. Her new husband, Silva continued the custody battle for Sean Goldman and thwarted the fathers efforts to bring his son back to the United States. Finally, on December 23, 2009 a judge from Brazil’s highest court ruled in Mr. Goldman’s favor and permitted him to take Sean back to the United States.
While the facts of the Goldman’s case are unusual, they highlight the fears of separated parents involved in custody battles. If you are involved in a custody battle and fear that your spouse may flee the jurisdiction, you should demand that they surrender their passport to the court.
For a short time DWI Defense Attorneys thought that there was hope that the Courts would exclude alcotest results when the police failed to have the officer conducting the test make a 20 minute observation of the suspect prior to adminstering the test. The Appellate Division quashed that hope in State v. Ugrovics. The court held, “ Consistent with the underlying principles articulated by the Court in Chun, we hold that the State is only required to establish that the test subject did not ingest, regurgitate or place anything in his or her mouth that may compromise the reliability of the test results for a period of at least twenty minutes prior to the administration of the Alcotest. The essence of this requirement is to ensure that the test subject has been continuously observed during this critical twenty-minute window of time. The identity of the observer is not germane to this central point. The State can meet this burden by calling any competent witness who can so attest.” For now, if you burb before the Alcotest, you better let someone know or suffer an abnormially high reading.
The New Jersey Supreme Court approved the publication of Judge Osterer’s opinion requiring that the State proved that the police conducted a 20 minute observation period prior to administering the Alcotest. Although the Appellate Division has not addressed the issue, Judge Osterer’s opinion now stands for the rule of law. Judge Osterer noted that the New Jersey Supreme Court addressed this issue in its holding in State v. Chunn, et al.:
“Operators must wait twenty minutes before collecting a sample to avoid overestimated readings due to residual effects of mouth alcohol. The software is programmed to prohibit operation of the device before the passage of twenty minutes from the time entered as the time of the arrest. Moreover, the operator must observe the test subject for the required twenty-minute period of time to ensure that no alcohol has entered the person’s mouth while he or she is awaiting the start of the testing sequence. In addition, if the arrestee swallows anything or regurgitates, or if the operator notices chewing gum or tobacco in the person’s mouth, the operator is required to begin counting the twenty-minute period anew.”
The opinion also suggest that the police must give an additional 20 minute observation period in between breath test. Interestingly, this may stretch out the time fram in which a valid test may be obtained and can provide some time for a driver’s blood alcohol level to secrease while in custody.
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Law Offices of Edward Harrington Heyburn, PC
Law Offices of Edward Harrington Heyburn, PC
If you ask most people who work, “Who’s the boss?” you will get an immediate answer. If you ask a construction worker the same question, it may be difficult to answer. Often there are layers of bosses including owners, general contractors, subcontractors and engineers. Each of these parties may have a responsibility to make sure the construction site is safe. Lawyers deal with this issue every day when their clients are injured after being exposed to hazardous conditions on construction sites. Although an employee generally must pursue a workers compensation claim against his or her employer in lieu of a civil law suit; the employee is not precluded from suing the other culpable parties.
Federal Regulations such as those promulgated by the Occupational Safety and Health Administration give the construction industry and lawyers guidance on who is the boss and what their responsibilities are. For example a general or prime contractor has a non-delegable duty to make sure that construction workers have a safe place to work. O.S.H.A. also regulates when a “boss” has to make sure that workers are using safety equipment such as “fall protection.” Unfortunately, many of the “bosses” on a construction site put pressure on the construction worker to get the job done and abandon safe work practices. This often ends up in a catastrophic loss to the worker, the family or the public at large. The law says that the “bosses” are responsible and that may not just be the company signing the construction worker’s pay check. We investigate construction site accidents and determine who is responsible for the worker’s injuries. In doing so, we protect our client’s rights, get them compensated for their losses and put the legal responsibility where is should be, with the “boss.”
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