Princeton Office
Tuesday, February 7, 1:23 pm
- 149 LL Recess Appointments January 20, 2012
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Law Offices of Edward Harrington Heyburn, PC
Edward Harington Heyburn has been practicing law since 1997 when he graduated Widener University School of Law. Ed had extensive experience in criminal law. He was a Administration of Justice major at Rutger University. he went on to be a corrections officer at the Monmouth county Youth Detention Center and later a Somerset County Probation Officer. While in law school, Ed Heyburn worked for a law firm that had a contract with the Philadelphia Fraternal Order of Police. In addition to handling all legal matters police officers have, Ed also handled matters involving police shootings and Internal Affairs Interviews. When Ed Heyburn passed the bar exam, he continued to represent these police officers, including allegations of Civil Rights Violations.
In 1998, Ed Heyburn left Philadelphia for his home state in New Jersey and began working for Levinson Axelrod, PA in Edison, Howell and Forked River New Jersey. Ed worked for them for 6 years and tried a significant number of cases to verdict. Tow of these cases stand out. In Marsdale v. Port Libete, et al., Ed convinced a Middlesex County jury to award his clients $1 Million ($1.4 Million with prejudgment interest). A few months later, Ed Heyburn convinced and Ocean County jury to award his client $2.5 Million for an ankle fracture. After those verdicts, it was clear that Ed Heyburn should open his own practice and focus his attention on developing his own clients. In 2004, many clients left Levinson Axelrod and came with Ed when he started his own office. He decided to broaden his practice. In addition to personal injury, Ed also handles worker’s compensation, employment discrimination, criminal matters, traffic matters and DWI/DUI’s. Ed was once of the lead attorneys in a class action suit against Centex Homes in which he was able to get Centex to reimburse homeowners for attic staircases that lacked adequate fireproofing.
Ed Heyburn has ben able to get a court to order DYFS to return children to a home wherein DYFS planned to adopt out the children. He has also appeal denial of suppression motions and reversed denials where Municipal Courts looked the other way while police illegally search driver’s cars.
Caveat Emptor – Lucimar Dixon has a scam for you!
Lucimar Dixon (right)
Lucimar Dixon is a Brazilian national scam artist that is preying on unsuspecting New Jersey residents. Ms. Dixon poses as a real estate broker and gains the confidence of buyers. She makes the buyers believe that attorneys, sellers and other people are part of a legitimate real estate transaction. She will eventually, convince the victim to giver her cash, even pretending to deposit the money in a “secure” attorney trust account. Actually, Lucimar Dixon deposits the money in an account that she has access to. There is no attorney or anyone else. The deal is a facade. The deal falls through and Ms. Dixon is gone with the money. Finally, the New Jersey Attorney General has find a company under which she operates, “Hope Loan Today.” The State has levied $14,000 in fines and ordered restitution. This is just the tip of the iceberg for Ms. Dixon. A Google search reveals that Lucimar Dixon has morphed herself into several companies that sound legitimate but are designed to rob you. Some of the names under which she trades are:
Hope Loan Today;
Dixon International, Ltd.;
Brazil USA Imports; and
Dixons Lines LLC.
Lucimar Dixon uses her home at 7 Jonathan Drive, Robbinsville, New Jersey 08691 as a front for her illegal operations. She often preys on the trust of her fellow Brazilians. If you have been the victim of a Lucimar Dixon scam, please contact me immediately. I will assist you in reporting the matter to the police and filing a civil suit against her. If you come across Ms. Dixon or know her whereabouts, please report her immediately to me.
A camera coming to an intersection near you.
Linden netted $800k after 3 months of using a camera to catch drivers blowing through red lights. Now more towns are following suit. Edison, Brick and Newark all have camera systems designed to catch red light violators without the need of police officers. The towns have all cited safety concerns but we know that the recent budget crisis has towns scrambling for revenue. More tickets will mean more points which translates into higher insurance premiums and MVC Insurance Surcharges. You still have the right to fight the ticket and even have the charge downgraded to a no point ticket in many circumstances. If caught running a red light by officer or by camera it is best to consult with a lawyer and discuss your options. I provide free telephone consultations.
Edward Harrington Heyburn files Motion to Dismiss DWI Charges where Police perform field sobriety “off camera”
Cameras were installed in police cars to protect police from unfounded civilian complaints and establish evidence in DWI arrests. These cameras have become a double edged sword. Innocent people were able to use the videos to exonerate themselves from false police accusations. Police reaction has been to make drivers perform the field sobriety tests in front of their own vehicle. The driver’s vehicle blocks the camera’s view of the test and the Court is left with the officer’s testimony about how well a driver performed. As the police have control over the scene and the driver’s movement, the police can move the driver in or out of the camera view as they see fit. Police will testify that it is too dangerous to have a driver perform the field sobriety in between the police car and the driver’s car (in camera view) because they would get pinned by the cars if someone hit the back of the patrol car.
But what happens when the stop occurs in an empty parking lot where there is no reason to be concerned about safety? Police still have the driver perform field sobriety off camera. Safety is a red herring. Police have unwritten protocols that direct them to prevent the recording of exculpatory evidence. This way their testimony is the only evidence. Occasionally, a defendant will testify but the Court always finds the police officer credible and the defendant not credible. Increasingly, our Municipal Court system has become an extension of the prosecution. Municipal Court judges are appointed by town mayors. Their goal is not just nor is it to overlook the law. It is to maintain job security. A judge that dismisses DWI charges, even because of police misconduct, will no have job security.
Fortunately, our system also provides for 3 levels of appeals. At each level the judges are further away from the political process that determines their decisions. Unfortunately, an innocent defendant faced with municipal court charges, must be in for the long haul. This means time and money. I have taken appeals pro bono in certain cases where I believed a municipal court judge had made a decision based on my client’s race or the court’s calculated decision that my client was too poor to appeal. It is impossible for private attorneys to appeal every case pro bono. We would be out of business before our case reached Superior Court. So we pick and choose the right case with the right judge to take up on appeal. Judges hate to be overturned. Superior Court judges never mind airing a municipal court judge’s sloppy decisions. It make the municipal court judge look bad.
If you are charged with an offense and need an attorney that will take you matter seriously, please call me so that we can discuss your case.
Summer time at the Jersey Shore
Jersey Shore
The summer is near and you are getting your shore house ready, sun tan lotion and summer vacation plans in order. What should you know about NJ law? Well, I’ll tell you now and maybe save you some heart ache later.
DWI and the Alcotest (Breathalyzer)
Q: If I am stopped should I tell the officer I had a couple of beers?
A: While our parents have taught us that honesty is the best policy, it usually lands you in jail. If you tell the police officer you had any alcohol, he/she will arrest you and have have you blowing into the Alcotest before you know it. While an attorney cannot tell someone to lie, an attorney can tell you that it is not illegal to say, “I did not have anything to drink tonight. In fact, I was the sober driver.”.
Q. What should I know about the psycho-physical tests before I have to do them?
A. Practice raising one leg 1 foot off the ground. Dead sober it is awkward. I think most people fail because they are not used to doing this type of task. Keep your arms at your sides. Don’t use them for balance. Do this for at least 30 seconds. Practice makes perfect. Ladies, if you plan to wear heals, keep a comfortable pair of sneakers in the car for the test. Yes, you are allowed to change.
Watch YouTube videos on walking the straight line. Most people mess up because they don’t listen to the instructions. You have to take 10 steps, heel to toe and then rotate around and walk 10 more steps heel to toe back. If you spin around at the end of the line, you will fail! Slowly rotate.
Q. Should I test the Alcotest (Breathalyzer)?
A. YES!!!! NJ like most states has an implied consent law. This means that you have consented tom taking the Alcotest by the virtue of driving in NJ. If you do not take the test, you will be charged with Refusal which carries with it a 7 – 12 month loss of license in addition to any time you lose for DWI. Yes, the police can still convict you even if you do not take the Alcotest. It is call an “Observation” case.
Q. Do I need a lawyer or should I just plead guilty?
A. Get a lawyer. Once a man asked me tom represent him for his guilty plea and sentencing only. He was set on pleading guilty. He was charged with going the wrong way on the New Jersey Turnpike and getting into an accident. When he got to court, ready to surrender his license, I told him that no one saw him driving the car. Police failed to get witnesses and he did not give a statement. As a result, the DWI charges were dismissed!
Q. I am from New York, what does it matter if I get convicted of DWI in NJ?
A. NY and NJ, lime most states have an agreement to suspend their home driver’s license if convicted of DWI in another state. So, not only will you lose your right to drive in NJ, you will lose your right to drive in NY once they find out about it.
Q. They police want to search my car, should I cooperate and consent?
A. No, no and no. There are so many requirements before the police can search your car. If you consent, you have given up one of the most important right in the Bill of Rights. Even if they threaten you will the drug sniffing dogs, just say no. Chances are, the will search your car illegally and the evidence will be suppresses. Say no even if you don’t have drugs in the car. The lead US Supreme Court case involved a search where police found checks forged by the driver’s brother-in-law!
A temperature probe by any other name….
Yesterday, the Appellate Division heard the looming issue of whether the replacement temperature probes used by many police departments are reliable. Initially, the New Jersey Supreme Court ruled that the Alcotest (which used with the Ertco-Hart Temperature Probe) was reliable. Thereafter, many police departments switched the type of temperature probes used to save money. This begged the question of whether the cheaper probe was less accurate. In State v. Holland and State v. Pizzo, the Appellate Division attempted to address the issue.
The Appellate Division agreed with the trial court that although Chun did not preclude the use of any similar digital thermometer traceable to NIST, “the record below is insufficient to support a finding that the digital thermometer used in this matter was in fact comparable to the Ertco-Hart thermometer.” Consequently, the judge remanded the case to the municipal court for a N.J.R.E. 104 hearing on the reliability of the Control Company temperature probe and, separately, on a discovery issue involving missing Alcotest machine data not produced by the State and previously raised by the defendant below. The State did not cross-appeal from that remand order. In fact, the State has represented that it will be able to demonstrate that its change of manufacturer “holds no significance” and that “the Control Company, Inc., temperature probe is comparable to its Ertco-Hart-manufactured counterpart and meets the Special Master’s requirement of traceability to internationally recognized NIST standards.”
It looks like the State is going to have to prove that the cheaper probes are just as good. Stay tune for the results!
App warning Drivers of DUI Checkpoints Removed After Pressure from US Senators
Smartphones, Ipads and Android Tablets are great to keep in touch on the road, avoid traffic and now avoid DUI Checkpoints. Vut, it looks like Big Brother may have the last say despite it is perfectly legal to sell an application that advises the public where a DUI checkpoint is:
Research in Motion said Wednesday that it will remove DUI checkpoint apps from its app store after four senators this week demanded that they be pulled from the BlackBerry App World, Google Android Market, and Apple App Store. Sens. Harry Reid, Chuck Schumer, Frank Lautenberg, and Mark Udall have pressured Apple, Google, and RIM’s app stores to stop selling applications that warn drivers of the location of DUI checkpoints. Currently there are no laws that prohibit the disemination of information about this type of police activity. Any legislation would face a 1st Amendment, Freedom of Speech challenge. Interestingly, the Senators opted not to legislate but to apply pressure on the distributors of these types of applications.
Computer world reported:
“Drunk drivers will soon have one less tool to evade law enforcement and endanger our friends and families,” the senators said in a joint statement. “We appreciate RIM’s immediate reply and urge the other smartphone makers to quickly follow suit.”
On Tuesday, the senators wrote to Google, Apple, and RIM to express concern about apps that allow users to keep tabs on – and possibly evade – DUI checkpoints, which they said was “harmful to public safety.” They asked the companies to remove the apps or alter them so they do not allow for DUI checkpoint information.
Apple did not respond to a request for comment. Google had no comment.
On Tuesday afternoon, a search for “DUI checkpoint” in BlackBerry App World returned the PhantomALERT app. This free app provides data on speed traps, red light cameras, speed cameras, school zones, DUI checkpoints, and dangerous intersections. It was no longer in RIM’s app store by Wednesday afternoon.
A similar search in the Apple App Store returns three apps: Buzzed, which sells for $0.99, will provide users with updates about DUI checkpoints within 100 miles of their location; Checkpointer (above), which costs $4.99, provides data on checkpoints in Orange County, Calif., information that is collected and posted by a bail bonds company; and .Tipsy, a free app that provides weekly updates on checkpoints in Los Angeles.
“The super small, one time fee of $4.99 spent today on Checkpointer could potentially save you thousands of dollars by helping you avoid an arrest for DUI,” according to the app description. “It might even make you think twice before taking that drink. Who knows?”
The Android Market pulled up four options: Checkpoint Wingman ($1.99) and Checkpoint Wingman Lit (free), which posts user-uploaded DUI checkpoints and sends alerts to your phone when you’re close to a checkpoint; the aforementioned PhantomALERT; and Mr. DUI (free), which posts information about DUI checkpoints, speed traps, and red light cameras, and also supports user submissions and alerts. Mr. DUI was created in partnership with an attorney, who will provide a free, one-hour consultation with app downloaders facing DUI charges.
There is little support for driver’s charged with drinking and driving. As it stands, virtually every state permits admission of blood-alcohol results from a machine without an expert to explain how the machine analyses the breath sample. Essentially a polic officer testifies that the driver blows in one end and the results come out of the other end. Unlike other areas of law, the witness does not need to have an understaning of how the machine arrived at the results. If you have a question about this article or any legal issue, please feel free to call me.
Driving on the Revoked List because of Unpaid Insurance Surcharges? Jail and $3,000 additional surcharge!
A significant amount of New Jersey drivers end up on the revoked list (suspended driver’s license) because they cannot pay their insurance surcharge to the Motor Vehicle Commission. In New Jersey, driving is mandatory if you want to work, eat or have contact with the rest of the state. Inevitably, these drivers are going to get caught. The penalties for a conviction for Driving on the Revoked List included a fine, loss of license and depending on prior convictions jail. The hidden cost for pleading guilty for driving on the revoked list because of a failure to pay insurance surcharges is an additional $3,000 surcharge from the New Jersey Motor Vehicle Commission. The Court will not tell you because the Court does not assess the surcharge, the MVC does.
An attorney can help get you on a payment plan with MVC and get your license reinstated. once reinstated, the Driving on the Revoked List charge can be amended to another charge that does not have a loss of license, jail and. $3,000 insurance surcharge. If you think not hiring an attorney will save you money, think again.
