- If you receive 12 or more points on your current driver record
- Failure to appear in court or to pay fines
- Failure to pay surcharges
- Driving with a suspended license
- Failure to provide proof of insurance
- Physical or mental disqualification
- Drug or alcohol use while driving (DWI/DUI)
- Reckless driving
- Vehicle abandonment on a public highway
- Fault in a fatal accident
In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DWI). Being convicted of a DWI is a serious offense, carrying heavy penalties including:
- Fines, fees and surcharges
- Jail time
- Community service
Guardianship actions are filed with the Chancery Division of the Superior Court. The process is initiated when a person thinks that another person is unable, due to incapacity, to manage his/her personal and/or financial affairs. An action for guardianship starts by an application with the court and such application is made by a complaint.
Pursuant to R. 4:86-1 of the New Jersey Rules of Court, a petition by way of Verified Complaint and Order to Show Cause is filed with the Court, which asks the Court to render its decision. A guardianship action involves a court determination that the individual is “an incapacitated person who is unfit and unable to govern himself or herself and manage his or her affairs.” R. 4:86-2(b)(6). In the event that a determination of incapacitation is made, the court may appoint a “guardian of the person”, to make personal decisions such as living arrangements and health decisions, and/or a “guardian of the property” to manage the incapacitated person’s estate and finances. As set forth below, the court may also order a limited guardianship.
R. 6:86-2(a) directs that, in addition to the complaint, the plaintiff must file an affidavit regarding all real estate in which the alleged incapacitated person has, or may have, a present or future interest; and the personal estate he or she will or probably may become entitled to, including assets and income. The rule requires the plaintiff to provide “as much information as can be secured in the exercise of reasonable diligence;” if the financial information is unavailable to the plaintiff, an explanation must be provided.
he plaintiff must also supply the affidavit of two physicians, or one physician and one licensed practicing psychologist, to support the guardianship application. R. 4:86-2(b). The affidavits must be based upon a personal examination that was made within 30 days of filing the complaint (subject to relaxation for good cause). The following information must be included: (1) the date and place of the examination; (2) whether the affiant has treated or merely examined the alleged incapacitated individual; (3) whether the affiant is disqualified [based on a relationship to the individual]; (4) the diagnosis and prognosis and factual basis therefore; (5) … a physical description of the person examined … (6) the affiant’s opinion of the extent to which the alleged incapacitated person is unfit and unable to govern himself or herself and to manage his or her affairs and shall set forth with particularity the circumstances and conduct of the alleged incapacitated person upon which this opinion is based… and (7) if applicable, the extent to which the alleged incapacitated person retains sufficient capacity to retain the right to manage specific areas, such as residential, education, medical, legal, vocational or financial decisions.
The instance may arise that the person alleged to be incapacitated (or a third party) refuses to allow the alleged incapacitated person to be examined. If this is the case the workaround is to file an affidavit from a physician or psychologist, stating that he/she has attempted to examine the alleged incapacitated person but the alleged incapacitated person, or some other persons, refuses to allow the examination to take place.
After these pleadings are filed, and a sufficient showing is made that further proceedings are warranted, the court will enter an order fixing a hearing date. R. 4:86-4. That order will require at least 20 days’ notice of the guardianship action be given to the alleged incapacitated person and interested parties.
The court-appointed attorney will conduct an investigation, including interviews with the allegedly incapacitated person, the proposed guardian and all other interested parties and will examine medical and financial records of the allegedly incapacitated person. This is done to insure that no one is attempting to take advantage of or mistreat the allegedly incapacitated person. The court-appointed attorney will prepare a report of his or her findings, which will include recommendations on the person’s capacity and that individual’s wishes. The court-appointed attorney’s fees are generally paid from the estate of the person alleged to be incapacitated, although upon a showing that the alleged incapacitated person’s assets are insufficient, the court may direct other payment arrangements, and may order the appointment of the attorney on a pro bono basis.
At the guardianship hearing, the court may take the testimony of the plaintiff or others. R. 4:86-6. If appropriate, the court will enter a judgment declaring the person to be incapacitated, and appointing a guardian of the person, the estate, or both.
When starting a business it is important to have safeguards in place and be in compliance with New Jersey Employment laws. There are employment documents, including employment contracts, employee handbooks and policies which should be in place to be compliant. We can counsel you in your efforts to run a legally sound business.
When taking on employees your business could be responsible for an employee’s actions. An employee handbook is the synopsized policies and procedures of an organization. One of the most important aspects of any employment relationship is the communication between the employer and the employee, and the employee handbook is an integral part of that communication. The employee handbook sets forth company expectations as well as the expectations an employee should have from the company. A well written handbook addresses the major points of employment with the company in as clear and as concise language as possible, while maintaining the maximum amount of flexibility. It will define policies regarding termination, drug use, Internet and e-mail use, vacation, sick leave, grievances, benefits, disability, sexual harassment and other important policies.
Developing a succession plan process is a very involved process that includes: reorganization of equity, reviewing existing insurance policies, updating wills and trusts, drafting buy/sell agreements are drafted, implementing employee incentive plans, etc. The process involves the counsel of independent professionals working with our business attorneys for a collective plan. Business succession plans outline in detail the who, what, when, why, and how takes place upon the death, disability, retirement or withdrawal of a business owner.