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Cockerill, Craig & Moore, LLC | Attorneys At Law
856-429-1060
  • Home
  • About
    • Christine C. Cockerill
    • Jeffrey S. Craig
    • Barbara Barclay Moore
    • Matthew Marchini
    • Client Reviews
    • Wins & Successes
  • Family Law
    • Alimony
    • Child Support
    • Child Custody And Visitation
    • Divorce
    • Domestic Violence
    • Fertility And Assisted Reproductive Law
    • Prenuptial Agreements
  • Civil Litigation
    • Consumer Protection
    • Mold & Construction Defect Claims
    • Employment Law
    • Employer Consulting And Litigation
    • Litigation & Defense
    • Tort Claims Public Entity Defense
  • Personal Injury
    • Auto Accidents
    • Motorcycle Accidents
    • Trucking Accidents
    • Pedestrian and Bicycle Accidents
    • Premises Liability Claims / Slip – And – Fall Accidents
    • Dog Bites / Animal Attacks
    • Catastrophic And Disabling Injuries
    • Wrongful Death
  • Blog
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Strength. Strategy. Solutions.

DO WE REALLY NEED THE PROPOSED NEW “DISTRACTED DRIVING” PROVISION AND IS IT LIKELY TO BE “VOID FOR VAGUENESS”?

On Behalf of Cockerill, Craig & Moore, LLC | Aug 10, 2016 | Firm News |

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A proposed addition to New Jersey’s distracted driving statute, N.J.S.A. 39:4-97.3 would add this language; “[a]n operator of a moving motor vehicle shall not engage in any activity unrelated to the actual operation of a motor vehicle in a manner that interferes with the safe operation of the vehicle on a public road or highway.”

There is already a lot of discussion of whether this will be applied to ticket those who drink coffee, eat, or engage in any activity that a police officer feels is unrelated to the operation of a motor vehicle that interferes with the safe operation of the vehicle. Will this new provision be considered “void for vagueness” if adopted and challenged? The concept of vagueness or indefiniteness rests on the principle that the constitution requires fair notice and proper standards for punishment. The primary issues involved are whether the provisions of the statute are sufficiently definite to give reasonable notice of the prohibited conduct to those who wish to avoid its penalties and provide adequate standards for the determination of guilt. If the statute is so obscure that men of common intelligence must necessarily guess at its meaning and differ as to its applicability, it is unconstitutional. State v. Lashinsky, 81 N.J. 1, 16 (1979).

The New Jersey Supreme Court in Lashinsky said “the decisive question for purposes of this vagueness argument is whether the defendant was reasonably apprised, as a matter of common intelligence, in light of ordinary human experience, that his particular conduct was unlawful.” State v. Lashinsky, 81 N.J. 1, 18 (1979). The question is then whether reasonable minds in light of ordinary experience could determine what is banned? It may be anything if that impairs the safe operation of the vehicle; speaking with a passenger, refereeing squabbling siblings in the back seat, checking a map or directions, eating, drinking, singing along with the music. This does seem to be overly broad and vague. At the same time if it is the safe operation of the vehicle that is being addressed there are already other statutes addressing unsafe vehicle operation. Unsafe driving is already addressed by the careless driving statute, 39:4-97 (a person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving) and reckless driving statute, 39:4-96 (a person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving). There is even a statute for driving so slow as to obstruct traffic, 39:4-97.1 (no person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law) and one for operating a vehicle in an unsafe manner, 39:4-97.2 (notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property). Any of these which are already in force are available to a police officer who observes unsafe driving. Check our experienced Haddonfield NJ Personal Injury Attorneys for further help needed at the Law Firm of Craig, Annin & Baxter LLP.

Should you worry about fractured skull injuries in the long term?

On Behalf of Cockerill, Craig & Moore, LLC | Aug 30, 2021 | Motor Vehicle Accidents

When involved in a crash, you face the possibility of injuries that can have short and long-term impacts on your health. Your head, neck and back are the most likely to suffer from these damages. In particular, head injuries often give cause for concern. If you end up...

Bicycle Riders – Governor Murphy Signed Safe Passing Requirements into Law

On Behalf of Cockerill, Craig & Moore, LLC | Aug 17, 2021 | Motor Vehicle Accidents, Personal Injury

Between the pandemic, gas prices, and a desire for healthy exercise, bicycle traffic has increased in New Jersey and throughout the country.  Now New Jersey has joined 42 other states in mandating that drivers give bicyclists more room when passing – or face penalties...

Egg Harbor crash kills two, injures two others

On Behalf of Cockerill, Craig & Moore, LLC | Aug 16, 2021 | Motor Vehicle Accidents

Most people in New Jersey take to the state's roads and highways expecting that the other motorists they encounter care as much about accident avoidance as they do. While that assumption often proves true, there are those instances where one encounters an...

Commercial vehicle accidents and operator fault

On Behalf of Cockerill, Craig & Moore, LLC | Aug 2, 2021 | Commercial Vehicle Accidents

The Federal Motor Carrier Safety Administration mandates that commercial truck drivers use an electronic logging device. As noted by FreightWaves, instead of tracking their road hours on a paper log, an ELD records the information for drivers and stores it...

What are some sources of animal bite injuries?

On Behalf of Cockerill, Craig & Moore, LLC | Jul 19, 2021 | Animal Bites

Although some animals seem harmless at first, their bites may carry a variety of diseases and can even cause serious physical injury. Learning more about why these wounds make people ill or injured can help you understand what to do next. Disturbed resting areas...

What are signs of brain trauma?

On Behalf of Cockerill, Craig & Moore, LLC | Jul 1, 2021 | Personal Injury

After a shocking accident, you may notice signs of a worse issue happening with your brain and skull. Traumatic brain injuries can happen suddenly and affect every aspect of your life. Detecting the early signs of this problem will help you prevent further health...

What is premises liability?

On Behalf of Cockerill, Craig & Moore, LLC | Jun 30, 2021 | Personal Injury

You do not want to consider the prospect of an injury while out and about, but the reality is, there is always a chance. However, what makes an incident qualify under premises liability versus an unfortunate accident? Premises liability covers incidents that happen on...

5 of the Most Common Types of Cases to Appear in Civil Court

On Behalf of Cockerill, Craig & Moore, LLC | Jun 25, 2021 | Uncategorized

The civil court system is available to resolve conflicts between individuals, businesses and organizations. Craig Annin & Baxter’s Woodbury NJ civil law attorneys have expertise in helping their clients find the justice they deserve. Anyone considering legal...

APPELLATE DIVISION UPHOLDS MULTI-MILLION DOLLAR JUDGMENT IN MMA FIGHTER’S SHED RX CONTAMINATION CASE.

by johngrady | Jun 24, 2021 | Firm News

Cockerill, Craig & Moore, LLC partner Jeffrey S. Craig worked with Howard Jacobs to vindicate and obtain compensation for Yoel Romero whose rise in MMC rankings was detoured by contamination of a Gold Star supplement he took as part of his training regimen. Gold Star’s SHED RX product was contaminated with a banned substance causing Romero to fail a screening. Finding that Gold Star violated New Jersey’s Consumer Fraud Act a trial court awarded a multi-million dollar judgment. The Appellate Division reviewed the judgment and upheld the trial court in part, modified one aspect of the judgment, and remanded a third category of damages for further consideration. The modified award now totals $12,450,000 with the potential for that to be increased to compensate Romero for harm to his reputation. Yoel Romero v. Gold Star Distribution, LLC d/b/a Gold Star Performance Products, A-0379-20 New Jersey Superior Court, Appellate Division decided June 24, 2020.

What leads to a slip and fall injury?

On Behalf of Cockerill, Craig & Moore, LLC | Jun 10, 2021 | Premises Liability

Not only can slip and fall injuries leave you with severe head and spine complications, but you can also struggle to know who was at fault. Knowing how these incidents happen is important for anyone struggling to recover after a fall. Unsafe conditions According to...

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