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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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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.

Fall on Private Property? Who Would Be Liable For Your Injuries?

On Behalf of Cockerill, Craig & Moore, LLC | Jun 26, 2020 | Personal Injury, Premises Liability

Whether you are visiting someone’s home, or you are shopping at a store, it is possible to fall on the owner’s property. If you are injured, someone is liable for the medical treatment and lost wages that you incur because of your injuries. As soon as you are able,...

Why You Need a Lawyer When Facing a Lawsuit

On Behalf of Cockerill, Craig & Moore, LLC | Jun 12, 2020 | Civil Litigation, Firm News

If someone has filed a tort lawsuit against you, you are probably wondering what you should do to protect yourself from liability. Some people think they can handle tort lawsuits without the expert guidance of Woodbury NJ tort claim attorneys. You can run into a...

Accused of Discrimination in the Workplace? Why You Need a Lawyer

On Behalf of Cockerill, Craig & Moore, LLC | Apr 24, 2020 | Employment Law

Craig Annin & Baxter are Woodbury NJ discrimination attorneys. Discrimination is ugly. When it rears its head in the workplace, it is frustrating and time-consuming. People who play favorites hurt the freedoms of their victims. Craig Annin & Baxter believe...

New Jersey Residents Protected by the Prevention of Domestic Violence Act Without an In-Person Date

On Behalf of Cockerill, Craig & Moore, LLC | Apr 17, 2020 | Family Law

In a decision that is timely for the COVID-19 quarantine era, a New Jersey Appellate Court has ruled that a relationship conducted only through sexting qualifies as a dating relationship. In C.C. v. J.A.H., New Jersey’s Appellate Division affirmed the entry of a Final...

How Domestic Violence Cases Are Handled Safely in NJ

On Behalf of Cockerill, Craig & Moore, LLC | Apr 17, 2020 | Family Law

Domestic violence happens about every seven minutes in New Jersey. Although victims are usually women, it happens to men as well. About 25% of women and 15% of men in America are victims of physical violence from a partner or spouse. It is important for local victims...

Voting Rights in New Jersey: What You Should Know About How to Exercise Them and Protect Them

On Behalf of Cockerill, Craig & Moore, LLC | Feb 21, 2020 | Firm News

Perhaps the most important right we have as citizens of the United States is voting, and while voting differs in each state, New Jersey upholds strict voting rights. Even so, certain groups and individuals have tried to take away rights from those who should be...

Real Estate Closings in New Jersey: Does It Matter If It’s North or South Jersey?

On Behalf of Cockerill, Craig & Moore, LLC | Feb 7, 2020 | Firm News

If you are buying or selling real estate in New Jersey, it’s important to consider whether you are closing the sale in North or South Jersey. Keep some key differences in mind if you want to move forward without unneeded complications. This article explains the...

Should I Talk to a Lawyer If My Insurance Claim is Denied?

On Behalf of Cockerill, Craig & Moore, LLC | Nov 18, 2019 | Firm News

Insurance is quite comforting until you need it. Then you plunge into a complex web of contracts and administrative operations with terms and processes average people do not understand. When your claim is denied, it can be a shock. A denied insurance claim means you...

Harassment in the Workplace: What to Do If You’ve Been Accused

On Behalf of Cockerill, Craig & Moore, LLC | Nov 4, 2019 | Firm News

Someone in your workplace accuses you of harassment. This is time-consuming and stressful to fight as well a threat to your employment and income. Do not assume you can reason with an accuser and return to business as usual. Acquire skilled defense attorneys to handle...

Why You Need a Lawyer if You’re Accused of Causing an Injury to Another Person

On Behalf of Cockerill, Craig & Moore, LLC | Oct 28, 2019 | Firm News

If you are accused causing injury to someone as a result of an action, comment, or posting, or you are a victim seek legal advice promptly. Persons who have suffered harm owing to the action or inaction of another can sue for damages. You may be forced to pay a...

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