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Nikole Pezzullo, Esq.
Nov 14, 2022
In Law Forum
Is it legal to bet on sports in NJ? YES. In June of 2018, in-person (specific, approved locations ) and online sports betting became legal in New Jersey via apps from mobile sportsbooks that allow you to bet from anywhere within the state limits. In July 2018, sports betting went live online via apps on smartphones, tablets and computers. BE AWARE, Offshore and non-registered sports betting and online sportsbooks are illegal in New Jersey. You MUST be 21 years of age or older, to bet at any registered and certified sportsbook online within the state of New Jersey. Sports Wagering under NJ's Casino Control Act https://www.nj.gov/casinos/law/act/docs_chapter12a/cca-chapter%2012A.pdf Prohibited & Permittied events N.J.S.A. 5:12A-10: “Prohibited sports event” means any collegiate sport or athletic event that takes place in New Jersey or a sport or athletic event in which any New Jersey college team participates regardless of where the event takes place. A “prohibited sports event” does not include the other games of a collegiate sport or athletic tournament in which a New Jersey college team participates, nor does it include any games of a collegiate tournament that occurs outside New Jersey even though some of the individual games or events are held in New Jersey. A “prohibited sports event” includes all high school sports events. A “prohibited sports event” includes electronic sports and competitive video games that are sponsored by or affiliated with a high school or electronic sports and competitive video games and tournaments in which a majority of the competitors are under 18 years of age. A “prohibited sports event” does not include sports, electronic sports, or competitive video game events in which persons under age 18 make up a minority of the participants. For reference, a list of New Jersey Colleges can be found at: https://www.nj.gov/highereducation/colleges/schools_alfa.shtml Current Approved Leagues/Events The following are approved leagues/events. To the extent that other leagues/events were previously approved while the Division’s emergency regulation were in effect, those are no longer approved at this time and must be resubmitted for further review. This list is regularly updated. A link is provided for individuals to check before they bet. https://www.nj.gov/oag/ge/docs/SportsBetting/ApprovedEventsList.pdf Football • National Football League (NFL) • NCAA College Football (NCAAF) • Canadian Football League (CFL) • Arena Football League (AFL) • Alliance of American Football (AAF) • Fan Controlled Football • United States Football League (USFL) Athletics • International Association of Athletics Federations (IAAF) • World Athletics Australian Rules Football • Australian Football League Badminton • Badminton World Federation Grade 1 events (international) and Grade 2 events (World Tour) Bandy • World Championships Baseball/Softball • Major League Baseball (MLB) • NCAA Baseball • NCAA Softball • World Baseball Classic (WBC) • Minor League Baseball (MiLB): Triple A, Somerset Patriots, Lakewood Blue Claws • Nippon Professional Baseball (Japan) • Chinese Professional Baseball League • Korean KBO • Athletes Unlimited Softball, including Championship Season Softball Basketball • National Basketball League (NBA) • Women’s National Basketball League (WNBA) • NCAA College Basketball (NCAAB) • Euro League/EuroCup • World Championships • FIBA regulated Country v. Country qualifiers/games/tournaments • First Tier Leagues (Men/Women) in: Australia, Argentina, Barbados, Belarus, BNXT League, Brazil, China, Chinese Taipei, Croatia, Finland, France, Germany, Great Britain, Iceland, Israel, Italy, Japan, Lithuania, Mexico, Netherlands, New Zealand, Poland, Portugal, Serbia, Spain, South Korea, Sweden, Switzerland, The Basketball Tournament (TBT), Turkey, Russia • FIBA Champions League • Big Three • Athletes Unlimited Championship and World Cups Boxing • World Boxing Association (WBA) • World Boxing Council (WBC) • World Boxing Organization (WBO) • International Boxing Federation (IBF) • Professional matches approved and regulated by domestic state athletic boards in a substantially similar manner as the New Jersey State Athletic Control Board • Professional matches approved and regulated by the British Board of Boxing Control • Mike Tyson v. Roy Jones Jr. • Professional fights sanctioned by domestic members of the Association of Boxing Commissions and Combative Sports Bowling • Pro Bowling Tour Bull Riding • Professional Bull Riding, Inc. Cricket • World Cup • International Cricket Council (ICC) regulated Country v. Country qualifiers/games/tournaments • Indian Premier League • Big Bash League • T20 Blast • The Hundred • Caribbean Premier League Curling • World Curling Championships Cycling • Grand Tour • World Tour Darts • PDC Championship • British Darts Organization • Championship Darts Corporation • Remote Dart League • World Darts Federation events: World Masters, World Cup, Americas Cup, Asia-Pacific Cup, Europe Cup, World Championships Entertainment/Competitive Eating • 2019 Academy Awards (Oscars) • 2019 Emmys • Academy Awards (Oscars) • Nathan’s Famous Hot Dog Eating Contest eSports • 2019 League of Legends World Championship Finals • eNASCAR iRacing Pro Invitational Series • Vie.GG Legend Series (CS:GO) • League of Legends (LoL) o World Championships (and associated qualifiers) o Tournaments directly run/organized by Riot Games • Counterstrike Global Offensive (CS:GO): o BlastPremierLeague o ESL-ProLeague o IEMESLEvents • Defense of the Ancients 2 (DOTA2) o ESLEvents • Valorant o Tournaments directly run/organized by Riot Games • Call of Duty League • Overwatch League Golf • PGA • Korn Ferry Tour • Majors • European Tour • Challenge Tour • Champions Tour • LPGA • World Golf Championships (WGC) • Tiger v. Phil (“The Match”), The Match 2 • International Events (i.e. Ryder Cup, Solheim Cup, Presidents Cup) • Cactus League, Gateway PGA, Taylor Made Driving Relief, Korean Ladies Professional Golf Association (KLPGA), Handball • First Tier: Belarus, Sweden, Turkey, Ukraine, Germany, France, Spain, Denmark, Poland, Hungary, European Championship League • Handball World Championships Hockey • National Hockey League • NCAA • International Ice Hockey Federation (IIHF) Tournaments • World Championships • Kontinental Hockey League (KHL) • Swedish Hockey League • National League (Switzerland) • SM-liiga (Finland) • Belarusian Extraleague • Ukrainian Hockey League Horses: Fixed-odds horse racing is governed by the provisions of N.J.S.A. 5:5-190 et seq. Jai Alai • Magic City Lacrosse • NCAA • Premier Lacrosse League • Athletes Unlimited • National Lacrosse League (NLL) • World Lacrosse Championship Lawn Bowling • Bowls Grand Prix Mixed Martial Arts • Ultimate Fighting Championship (UFC) • Bellator • Professional Fighters League (PFL) • Cage Warriors • Professional fights sanctioned by domestic members of the Association of Boxing Commissions and Combative Sports Olympics1 • Summer Olympics • Winter Olympics Racing NASCAR: Monster Energy Series, Xfinity Series Truck Series, NASCAR Cup Series • Indy Racing League (Indy Car) • Formula One • MotoAmerica SuperBikes Championship SuperBikes Series • Drone Racing League (DRL)2 • Nitro Rallycross • Superstar Racing Experience (SRX) • Le Mons • NHRA Camping World Drag Racing Series • Formula E Rowing • University Boat Race Rugby League/Union • Six Nations • World Cup • International Country v. Country qualifiers/games/tournaments o Includes World Rugby sanctioned Rugby Sevens • Four Nations • National Rugby League (Australia/New Zealand) • Super League (UK/France) • PRO14 • English Premiership Rugby • Top14 (France) • Super Rugby • European Champions Cup • European Challenge Cup • Major League Rugby • Premier Rugby 7s 1 Subject to previously issued guidance regarding under 18 amateur athletes. 2 Live races considered athletic events. Virtual races considered eSports. • Japan Rugby League One Sailing • Americas Cup • Prada Cup Challenger Series Snooker • World Snooker Soccer • North America: ▪ Major League Soccer (MLS) o MLS Next Pro ▪ USL Championship (USLC) ▪ USL League 1 ▪ North American Soccer League (NASL) ▪ United States Open Cup ▪ National Women’s Soccer League (NWSL) ▪ Liga MX (Mexico) ▪ Copa MX (Mexico) ▪ CONCACAF Champions League • Europe: The Division has approved wagering on the top two tiers, as well as domestic cups, for UEFA member countries ▪ England: League 1 ▪ England: League 2 ▪ Champions League ▪ Europa League ▪ Super Cup • South America: The Division has approved wagering on the top two tiers, as well as domestic cups for: ▪ Argentinian Soccer ▪ Brazilian Soccer • Asia: The Division has approved wagering on the top two tiers, as well as domestic cups for: ▪ Chinese Soccer ▪ Japanese Soccer ▪ South Korean soccer • Oceania: The Division has approved wagering on the top two tiers, as well as domestic cups for: ▪ Australian soccer • FIFA regulated Country v. Country international qualifiers/games/tournaments, including those run by member federations of FIFA (i.e. UEFA Euro Championships, AFC Asian Cup) • International Champions Cup • FIFA Club World Cup • First Tier and Domestic Cups: Algeria, Bolivia, Burundi, Cameroon, Chile, Chinese Taipei, Costa Rica, Ecuador, Fiji, Ghana, Hong Kong, Nicaragua, Nigeria, Singapore, South Africa, Turkmenistan, Uruguay Table Tennis • International Table Tennis Federation (ITTF) events • European Table Tennis Union (ETTU) events • TT Star, Russian Liga, Dusseldorf Masters Series Tennis • Association of Tennis Professionals (ATP): World Tour, Challenger Series • Women’s Tennis Association (WTA) • Grand Slam Events • International Tennis Federation (ITF) • Tennis Point Series, International Tennis Series, UTR Pro Match Series, US Pro Tennis Series, EXO Tennis, Grand Slam Tennis Tour Matchplay 120, Austrian Generali Pro Series Tennis, Eastern European Championship Tennis, LiveScore Cup, World Team Tennis, German National Series, Adria Tour Tennis, Ultimate Tennis Showdown, Tipsport Elite Cup, Umbrian Open, Battle of the Brits, British Tour, Ladies Berlin Open, Thiems 7, The Progress Tour, FPT Portugal Series, Credit One Bank Invitational, Macha Lake Open, All American Tennis Cup, German Premier League, German Masters Series, European Pro Series Tennis, Champions Series Tennis Volleyball • First Tier (Men/Women): Belarus, Turkey, Russia • AVP Pro Beach Volleyball • FIVB Beach Volleyball World Tour • Athletes Unlimited For more info and a copy of the the NJ Casino Contril Act, visit https://www.nj.gov/casinos/law/act/ https://www.njoag.gov/about/divisions-and-offices/division-of-gaming-enforcement-home/new-jersey-cas https://www.njoag.gov/programs/sports-wagering/ Regulations begin at Title 13, Chapter 69 through Chapter 69P https://www.lexisnexis.com/hottopics/njcode Quick tips on how to search the regulations https://www.nj.gov/oag/ge/docs/QuickTipsRegulations.pdf Gamble responsibly. If you or someone you love struggle with gambling, please visit https://800gambler.org/ http://www.gamblersanonymous.org/ga/ https://www.ncrg.org/ https://www.ncpgambling.org/
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Nikole Pezzullo, Esq.
Nov 14, 2022
In Law Forum
ISP is a program available to certain state . It allows inmates to rejoin the community under close supervision. A panel of judges will review your application and your re-entry plan. Special probation offices will ensure that you follow the plan. It is intense and very strict. You need to be fully committed to the program to succeed. There are several types of crimes that do not qualify for ISP.  What is the Intensive Supervision Program? The Intensive Supervision Program (ISP) is a choice that certain state prison inmates are allowed to work their way back into the community under intensive supervision. To be allowed into the program, you must show that you can follow the program's strict rules. Inmates must present a plan that their return to the community will result in a positive social adjustment and will not jeopardize public’s safety. By no means is ISP a "slap on the wrist." It is "intense." For that reason, this program is not suited for everyone serving a prison term, and success is not a sure thing. But for those who do succeed, the program can be a life altering experience. Read the ISP brochure for information. https://www.njcourts.gov/sites/default/files/forms/10686_isp_broch.pdf Features of the New Jersey Intensive Supervision Program: Regular contact with your ISP officer A plan for life in the community Drug testing Employment, schooling, or job training Community service Firm curfew rules Drug, alcohol and mental health treatment.  Required payments towards court fines, fees and other financial duties Crimes Not Eligible Entry to ISP is not a given. All persons sentenced to state prison are allowed to apply, except for those convicted of certain crimes.  Chapter 11 - All OffensesAny applicant whose current conviction is included in Chapter 11 of the New Jersey Code of Criminal Justice is not eligible to participate in the program. Chapter 15 - RobberyAny applicant whose current conviction is included in Chapter 15 of New Jersey Code -0f Criminal Justice) titled Robbery, is not eligible to participate in the program. Chapter 14 - Sexual OffenseAny applicant whose current conviction is included in Chapter 14 of the New Jersey Code of Criminal Justice, titled Sexual Offenses, is not eligible to participate in the program. Chapter 27 - Bribery And Corrupt InfluenceAny applicant whose current conviction is included in Chapter 27 of the New Jersey Code of Criminal Justice, titled Bribery and Corrupt Influence, or whose conviction involves underlying facts that demonstrate a violation of Chapter 27 of the New Jersey Code of Criminal Justice. This also includes any applicant whose current conviction involves a Criminal Attempt pursuant to N.J.S.A. 2C:5-1 or Conspiracy pursuant to N.J.S.A. 2C:5-2 to commit any offense included in Chapter 27. Chapter 30 - Misconduct in Office, Abuse Of OfficeAny applicant whose current conviction is included in Chapter 30 of the New Jersey Code of Criminal Justice, titled Misconduct in Office, Abuse of Office, or whose conviction involves underlying facts that demonstrate a violation of Chapter 30 of the Code of Criminal Justice. This also includes any applicant whose current conviction involves a Criminal Attempt pursuant to N.J.S.A. 2C:5-1 or Conspiracy pursuant to N.J.S.A. 2C:5-2 to commit any offense included in Chapter 30. Immigration DetainerAny applicant who has an active Department of Immigration detainer is not eligible to participate in the program. Not A Resident Of NJAny applicant whose intended residence is located outside of New Jersey is not eligible to participate in the program. Not A State InmateAny applicant not committed to the Custody of the Commissioner of the NJ Department of Corrections is not eligible to participate in the program. Special Probation - Drug CourtAny applicant who has been sentenced to a State Prison term for failing to comply with the conditions of probation imposed pursuant to N.J.S.A. 2C:35-14 is not eligible to participate in the program. Organized CrimeAny applicant whose sentence includes a finding by the Sentencing Court that there is a substantial likelihood that the defendant is involved in organized criminal activity pursuant to N.J.S.A. 2C:44-1a (5) is not eligible to participate in the program. First Degree CrimeAny applicant whose current conviction is a first degree conviction is not eligible to participate in the program. Previous First Degree CrimeAny applicant who has a previous conviction of a crime in the first degree, or any offense in any other jurisdiction which, if committed in New Jersey would constitute a crime of the first degree and has applied to the Intensive Supervision Program for an offense which occurred within five years of release from incarceration for the first degree offense is not eligible to participate in the program. Weapons PossessionEffective August 8, 2013, a person who is convicted of a crime under subsection a., b., f., or j. of N.J.S.A 2C:39-5 shall be ineligible for participation in any program of intensive supervision; provided, however, that this provision shall not apply to a crime under subsection b. of N.J.S.A. 2C:39 5 involving only a handgun which is in the nature of an air gun, spring gun or pistol or other weapon of a similar nature in which the propelling force is a spring, elastic band, carbon dioxide, compressed or other gas or vapor, air or compressed air, or is ignited by compressed air, and ejecting a bullet or missile smaller than three-eighths of an inch in diameter, with sufficient force to injure a person.  Other good cause as found by the trial court and the Intensive Supervision Program (ISP)The trial court and the Intensive Supervision Program (ISP) may exercise discretion to deem an applicant ineligible for the ISP Program. Such discretion may be based upon various factors including, but not limited to, the underlying facts of the applicant’s criminal conviction, and shall be exercised carefully and uniformly. See the complete list of crimes that are not eligible by clicking the link below: https://www.njcourts.gov/courts/adult-probation-supervision/isp/ineligibility-list Applying to ISP Applications are available online at all county jails, and at all state prisons. Answer all of the questions, including who will be your community sponsor. If you do not have answers to all of the questions, submit the application with as much information as you have. How Does An inmate Apply for ISP? An application can be accessed directly from the link below. Often I have my clients fill one out at the time of sentencing so it could be immediately filed. https://www.njcourts.gov/sites/default/files/forms/10685_isp_app.pdf The Interview Before you enter ISP, you will be need to write a plan explaining what you are going to do to help you avoid getting into trouble in the future. What you put in your plan is important. The people who review your application will look at it carefully. You should be able to do the things that you say you can do. An ISP officer will also interview you at the state prison as part of your application. During the interview, the ISP officer will review your plan with you and ask questions to help find out whether the plan can be reached. ISP Screening Board/ISP Judicial Panel The ISP Screening Board made up of a person from the community, corrections staff and an ISP employee, will review your application and conduct an interview. If the Screening Board concludes that you are right for the ISP Program, a panel of ISP judges will review your application. The judges make the final decision. If your application is accepted by the judges, you will be released from prison into the program. Admission to ISP If you are admitted into the program, you will be released from prison into ISP. It is up to you to follow the rules to stay in the program. You will have to live up to all of the parts in your plan. Your community sponsor and your ISP officer will help you, but you must make sure you do what you agreed to do. Rules of ISP Get a job within 30 days of acceptance into ISP; Obey a 6 p.m. curfew; Support your children and meet your family needs; Take part in treatment programs; Do not leave New Jersey without permission from your ISP officer; Do not own or carry any type of weapon; Allow your ISP officer to visit your home and search you, or places or your things; Do not use drugs or alcohol, and agree to drug and alcohol testing; Pay all fines , fees and restitution ordered by the court; and Tell your employer that you are on ISP within 30 days of getting a job. Length of the program If you are admitted into ISP, you can expect to be in the program for a minimum of 12 months. If your original sentence was for more than five years, or if you break any program rules, you may be in the program longer. For more info, visit the NJ Courts Info page. https://www.njcourts.gov/courts/adult-probation-supervision/isp
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Nikole Pezzullo, Esq.
Oct 31, 2022
In Law Forum
Being charged with a criminal complaint, local ordinance violation, or even a motor vehicle violation can be unsettling and stressful for most who find themselves as a defendant.  It can be confusing for individuals who are e familiar with the NJ municipal court system and even moreso for those with no prior involvement.  For many, the unknown can be stressful.  The New Jersey Courts system has released info specific to how the municipal courts are run and to give insight as to what to expect for both pro se and represented individuals.   Below is some helpful info relative to what to expect, what offenses are payable without an appearance, time payment options, and the QR code to watch the Municipal Court Opening Statement.  This is for information only and applies to New Jersey.    Also included is a directory of all the municipal courts within the state of New Jersey.
What to Expect in any of NJ’s Municipal Courts content media
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Nikole Pezzullo, Esq.
Jun 12, 2022
In Law Forum
Penalties for Furnishing Alcohol to Minors 2C:33-17 Availability of alcoholic beverages to underaged, offenses. 1. a. Anyone who purposely or knowingly offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices or encourages that person to drink an alcoholic beverage is a disorderly person. This subsection shall not apply to a parent or guardian of the person under legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages or to a religious observance, ceremony or rite. This subsection shall also not apply to any person in his home who is of the legal age to consume alcoholic beverages who offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices that person to drink an alcoholic beverage in the presence of and with the permission of the parent or guardian of the person under the legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages. b. A person who makes real property owned, leased or managed by him available to, or leaves that property in the care of, another person with the purpose that alcoholic beverages will be made available for consumption by, or will be consumed by, persons who are under the legal age for consuming alcoholic beverages is guilty of a disorderly persons offense. This subsection shall not apply if: (1) the real property is licensed or required to be licensed by the Division of Alcoholic Beverage Control in accordance with the provisions of R.S.33:1-1 et seq.; (2) the person making the property available, or leaving it in the care of another person, is of the legal age to consume alcoholic beverages and is the parent or guardian of the person who consumes alcoholic beverages while under the legal age for consuming alcoholic beverages; or (3) the alcoholic beverages are consumed by a person under the legal age for consuming alcoholic beverages during a religious observance, ceremony or rite. c. For purposes of this section, an alcoholic beverage includes powdered alcohol as defined by R.S.33:1-1.
New Jersey Penalties for Giving Alcohol to Minors content media
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Nikole Pezzullo, Esq.
Jun 12, 2022
In Law Forum
It is illegal for individuals of legal drinking age to host underage drinking parties. Underage Drinking: Prohibitions Against Hosting Underage Drinking Parties Social host law is not specifically limited to underage drinking parties. Action by underage guest that triggers violation: Consumption Property type(s) covered by liability law: Residence Outdoor Other Standard for hosts' knowledge or action regarding the party: OVERT ACT - host must have actual knowledge and commit an act that contributes to the occurrence Exception(s): Family N.J. Rev. Stat. § 2C:33-1 Title 2C - The New Jersey Code of Criminal Justice Section 2C:33-17 - Availability of alcoholic beverages to underaged, offenses. Universal Citation: NJ Rev Stat § 2C:33-17 (2021) 2C:33-17 Availability of alcoholic beverages to underaged, offenses. 1. a. Anyone who purposely or knowingly offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices or encourages that person to drink an alcoholic beverage is a disorderly person. This subsection shall not apply to a parent or guardian of the person under legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages or to a religious observance, ceremony or rite. This subsection shall also not apply to any person in his home who is of the legal age to consume alcoholic beverages who offers or serves or makes available an alcoholic beverage to a person under the legal age for consuming alcoholic beverages or entices that person to drink an alcoholic beverage in the presence of and with the permission of the parent or guardian of the person under the legal age for consuming alcoholic beverages if the parent or guardian is of the legal age to consume alcoholic beverages. b. A person who makes real property owned, leased or managed by him available to, or leaves that property in the care of, another person with the purpose that alcoholic beverages will be made available for consumption by, or will be consumed by, persons who are under the legal age for consuming alcoholic beverages is guilty of a disorderly persons offense. This subsection shall not apply if: (1) the real property is licensed or required to be licensed by the Division of Alcoholic Beverage Control in accordance with the provisions of R.S.33:1-1 et seq.; (2) the person making the property available, or leaving it in the care of another person, is of the legal age to consume alcoholic beverages and is the parent or guardian of the person who consumes alcoholic beverages while under the legal age for consuming alcoholic beverages; or (3) the alcoholic beverages are consumed by a person under the legal age for consuming alcoholic beverages during a religious observance, ceremony or rite. c. For purposes of this section, an alcoholic beverage includes powdered alcohol as defined by R.S.33:1-1. #NikolePezzullo
Prohibitions Against Hosting Underage Drinking Parties content media
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Nikole Pezzullo, Esq.
May 10, 2022
In Law Forum
Consequences of Underage Drinking and Driving In New Jersey, you must be at least 21 years of age to purchase, possess or consume alcoholic beverages. Underage drinking is illegal and can have severe consequences for young people who drink and for adults who provide alcoholic beverages to those under 21. If you are under 21 and buy or drink alcohol in a place with an alcohol beverage license, you may be fined $500 and lose your driver license for 6 months. If you do not have your driver license, the suspension starts when you are first eligible to receive a license. Also you may be required to participate in an alcohol education or treatment program. If you are under 21, drive with any detectable amount of alcohol in your system (.01 BAC or above), and are convicted for violating New Jersey’s zero tolerance law, the penalties are: -Loss or postponement of driving privileges for 30 to 90 days -15 to 30 days of community service -Participation in an alcohol and traffic safety education program
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Nikole Pezzullo, Esq.
May 09, 2022
In Law Forum
Distracted Driving Overview Distracted driving kills. The friends, family, and neighbors of the thousands of people killed nationwide each year in distracted driving crashes will tell you it is a very serious safety problem. The nearly half a million people injured each year will agree. Distracted driving is a dangerous epidemic on New Jersey’s roadways, being cited as a major contributing factor in nearly 800,00 motor vehicle crashes in the state from 2012 to 2016. Nationwide 3,166 people were killed in distracted driving crashes in 2017 alone. Distracted Driving Key Facts and Statistics Distracted driving is any activity that could divert a person’s attention away from the primary task of driving. All distractions endanger driver, passenger, and bystander safety. These types of distractions include: Texting Using a cell phone or smartphone It is a primary offense for a motorist to talk or text message with a hand-held wireless telephone or electronic communication device while driving. Use of a hand-held wireless telephone or electronic communication device includes, but is not limited to: Talking or listening to another person.Text messaging or sending an electronic message. The penalties associated with these infractions have been adjusted in New Jersey to the following: First Offense: $200-$400 fine Second Offense: $400-$600 fine* Third & Subsequent Offenses: * -$600-800 fine -3 Motor Vehicle Points -possible 90-day license suspension *Second, third and subsequent offense penalties will be applicable only to convictions that occur within the current ten-year period. The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if: -The operator has reason to fear for his/her life or safety, or believes that a criminal act may be perpetrated against him/herself or another person. -The operator is using this device to report to appropriate authorities: a fire; traffic crash; serious road hazard; medical or hazardous material emergency; or another motorist who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs. -Eating and drinking -Talking to passengers -grooming -reading including maps -Using a navigation system -Watching a video -Adjusting a radio, CD player, or MP3 player -BUT, because text messaging requires visual, manual, and cognitive attention from the driver, it is by far the most alarming distraction. Driving Key Facts and Statistics 1. Nationwide, the number of people killed in distraction-affected crashes decreased from 3,450 in 2016 to 3,166 in 2017. From 2012 through 2017, nearly 20,000 people died in crashes involving a distracted driver. 2. In New Jersey, driver inattention has been a major contributing cause in nearly 800,000 motor vehicle crashes from 2012 to 2016. 3. As of December 2017, an average of 150 billion text messages were sent in the US (includes PR, the Territories, and Guam) every month. 4. Eight percent of all drivers under the age of 20 involved in fatal crashes were reported as distracted at the time of the crash. This age group has the largest proportion of drivers who were distracted. 5. Drivers in their 20s comprise 23 percent of drivers in all fatal crashes, but are 27 percent of the distracted drivers and 37 percent of the distracted drivers who were using cell phones in fatal crashes. 6. More than half of all adult cellphone owners have been on the giving or receiving end of a distracted walking encounter. 7. At any given daylight moment across America, approximately 416,000 drivers are using handheld cell phones. 8. Engaging in visual-manual subtasks (such as reaching for a phone, dialing and texting) associated with the use of hand-held phones and other portable devices increased the risk of getting into a crash by three times. 8. Sending or receiving a text takes a driver's eyes from the road for an average of 4.6 seconds, the equivalent-at 55 mph-of driving the length of an entire football field, blind. 10. Headset cell phone use is not substantially safer than hand-held use. 11. A quarter of teens respond to a text message once or more every time they drive. 20 percent of teens and 10 percent of parents admit that they have extended multi-message text conversations while driving.
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Nikole Pezzullo, Esq.
Apr 21, 2022
In Law Forum
From the dawn of civilization, justice has been conceptualized as a divinity linked to the cosmic order, but it is from the Greek and Roman goddesses of Justice that today’s iconic symbol derives. In Greek mythology, the goddesses of justice are Themis and her daughter DikÍ, also known as Astraea. In ancient Rome, DikÍ was known as Justitia and was a civil abstraction rather than a mythological deity. Myth-making went hand-in-hand with the political propaganda of Renaissance Europe. In the emerging republics, Justitia became a powerful symbol of civil justice, while in the monarchies, Virgil’s vision of the Golden Age reborn and the myth of the return of Astraea gave support to the doctrine of the divine right of kings. In the 17th century, New York was colonized, first by the Dutch and then by the English. Justitia, emblematic in both cultures, became iconic in the New World too. Following the Revolution, the New York State arms adopted on March 16, 1778, consisted of the State seal surmounted by an eagle on a demi-globe and supported by the figures of Liberty and Justice. Justice wears a gold-colored dress with a blue belt fringed in red. Her unbound hair is decorated with pearls, and there is a narrow band of cloth over her eyes. In her right hand she holds a gold-handled sword, and in her left, the scales. For over two centuries, courthouses throughout New York have been adorned with portrayals of Lady Justice. The sculptures, carvings and murals, many by renowned artists, are our constant reminder that, in the words of George Washington: the due administration of justice is the firmest pillar of good Government.
Lady Justice and Her origins. content media
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Nikole Pezzullo, Esq.
Apr 21, 2022
In Law Forum
Interested in learning what NJ considers allowable self defense ? Visit the link below and find out in my blog. https://www.nikolepezzullo.net/post/use-of-force-in-new-jersey NJSA 2C:3-4 Use of force in self-protection. NJSA 2C:3-4. Use of Force in Self-Protection. a. Use of force justifiable for protection of the person. Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward another person is justifiable when the actor reasonably believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion. b. Limitations on justifying necessity for use of force. (1) The use of force is not justifiable under this section: (a) To resist an arrest which the actor knows is being made by a peace officer in the performance of his duties, although the arrest is unlawful, unless the peace officer employs unlawful force to effect such arrest; or (b) To resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if: (i) The actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest; (ii) The actor has been unlawfully dispossessed of the property and is making a reentry or recaption justified by section 2C:3-6; or (iii) The actor reasonably believes that such force is necessary to protect himself against death or serious bodily harm. (2) The use of deadly force is not justifiable under this section unless the actor reasonably believes that such force is necessary to protect himself against death or serious bodily harm; nor is it justifiable if: (a) The actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter; or (b) The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that: (i) The actor is not obliged to retreat from his dwelling, unless he was the initial aggressor; and (ii) A public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape is not obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed. (3) Except as required by paragraphs (1) and (2) of this subsection, a person employing protective force may estimate the necessity of using force when the force is used, without retreating, surrendering possession, doing any other act which he has no legal duty to do or abstaining from any lawful action. c. (1) Notwithstanding the provisions of N.J.S.2C:3-5, N.J.S.2C:3-9, or this section, the use of force or deadly force upon or toward an intruder who is unlawfully in a dwelling is justifiable when the actor reasonably believes that the force is immediately necessary for the purpose of protecting himself or other persons in the dwelling against the use of unlawful force by the intruder on the present occasion. (2) A reasonable belief exists when the actor, to protect himself or a third person, was in his own dwelling at the time of the offense or was privileged to be thereon and the encounter between the actor and intruder was sudden and unexpected, compelling the actor to act instantly and: (a) The actor reasonably believed that the intruder would inflict personal injury upon the actor or others in the dwelling; or (b) The actor demanded that the intruder disarm, surrender or withdraw, and the intruder refused to do so. (3) An actor employing protective force may estimate the necessity of using force when the force is used, without retreating, surrendering possession, withdrawing or doing any other act which he has no legal duty to do or abstaining from any lawful action. L.1978, c.95; amended 1987, c.120, s.1; 1999, c.73.
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Nikole Pezzullo, Esq.
Apr 17, 2022
In Law Forum
PTI is a diversionary program that provides qualified defendants, often first-time offenders, with opportunities for alternatives to the traditional criminal justice process of ordinary prosecution. PTI seeks to render early rehabilitative services when such services can reasonably be expected to deter future criminal behavior. https://www.instagram.com/p/CbBT_9jLfBK/?utm_medium=copy_link For more information on PTI and criteria for admission, you can review the New Jersey laws that apply: Statutes: NJSA 2C:43-12 and -13 are available at http://www.njleg.state.nj.us. Court Rules: Rule 3:28-1 through 10 are available at http://www.nj courts.govwww.nj courts.gov
New Jersey’s PreTrial Intervention (PTI) Program content media
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Nikole Pezzullo, Esq.
Apr 17, 2022
In Law Forum
NJSP Firearms application registration system (FARS) https://www.njportal.com/NJSP/fars
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Nikole Pezzullo, Esq.
Apr 17, 2022
In Law Forum
Alcohol Awareness Month serves to increase awareness and understanding of the causes and treatment of alcohol abuse and to destigmatize the disease of addiction. To learn more, please visit any of the resources below. LEARN MORE | NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM The mission of the National Institute on Alcohol Abuse and Alcoholism (NIAAA) is to generate and disseminate fundamental knowledge about the effects of alcohol on health and well-being, and apply that knowledge to improve diagnosis, prevention and treatment of alcohol-related problems. https://www.niaaa.nih.gov/ HELPING A LOVED ONE | ALCOHOL.ORG Alcohol.org (a subsidiary of American Addiction Centers) is a comprehensive resource for research based information on the nature of alcohol abuse and addiction. They offer helpful resources on how to help an alcoholic by identifying the risk factors, how alcoholism is diagnosed, and what effective treatment looks like. https://www.alcohol.org/helping-an-alcoholic/ PREVENTION RESOURCES | SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION Prevention and early intervention strategies can reduce the impact of substance use and mental disorders. Substance Abuse and Mental Health Services Administration’s (SAMHSA) prevention and early intervention efforts promote evidence-based decision-making. They offer a variety of substance use disorder prevention tools and resources. https://www.samhsa.gov/find-help/prevention Get support If you or a loved one may be abusing alcohol and are looking for support, you are not alone. The following organizations can help. Please note that Drizly is not directly affiliated with any of the organizations below. If you are experiencing a life threatening emergency, please dial 911. SMART RECOVERY A global community of free mutual-support groups. At meetings, participants help one another resolve problems with any addiction (to drugs or alcohol or to activities such as gambling or over-eating). Participants find and develop the power within themselves to change and lead fulfilling and balanced lives. https://www.smartrecovery.org/ ALCOHOLICS ANONYMOUS Alcoholics Anonymous is an international fellowship of people who have had a drinking problem. It is nonprofessional, self-supporting, multiracial, apolitical, and available almost everywhere. There are no age or education requirements. Membership is open to anyone who wants to do something about their drinking problem. https://www.aa.org/pages/en_US/need-help-with-a-drinking-problem
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Nikole Pezzullo, Esq.
Apr 17, 2022
In Law Forum
On Jan. 1, 2017, the New Jersey court system began using the risk-assessment tool to help judges make more informed decisions about pretrial release. To predict whether a defendant poses a low, moderate or high level of risk, pretrial services officers now review each defendant's criminal history, record of prior court appearances and other objective information -- as they will in an estimated 70,000 cases per year. Officers then make a recommendation to the judge. Most defendants will be released pretrial on a range of conditions that will not include money bail. For low-risk defendants, the court may simply direct an officer to send a text message or place a phone call to remind defendants when they must appear in court. Defendants who pose greater risks may be placed on electronic monitoring. Those considered a serious threat to public safety or risk of flight will be detained. Judges can also modify conditions of release based on new circumstances. Defendants who are detained will be subject to the new law's speedy trial provisions, which impose time limits for when a defendant must be indicted and when a trial must begin.
NJ Criminal Justice Reform- Bail Reform content media
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Nikole Pezzullo, Esq.
Apr 17, 2022
In Law Forum
Curious as to how many points the MVC will assess as a result of tikets received? Find the most common issued summons and the points associated with each in the link below. https://www.state.nj.us/mvc/license/points-schedule.htm
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Nikole Pezzullo, Esq.
Apr 06, 2022
In Law Forum
Alcohol Awareness Month serves to increase awareness and understanding of the causes and treatment of alcohol abuse and to destigmatize the disease of addiction. To learn more, please visit any of the resources below. FOR MORE INFO & HELPFUL LINKS, VISIT THE POST ON MY BLOG http://www.NikolePezzullo.net/ LEARN MORE NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM The mission of the National Institute on Alcohol Abuse and Alcoholism (NIAAA) is to generate and disseminate fundamental knowledge about the effects of alcohol on health and well-being, and apply that knowledge to improve diagnosis, prevention and treatment of alcohol-related problems. https://www.niaaa.nih.gov/ Alcohol.org (a subsidiary of American Addiction Centers) is a comprehensive resource for research based information on the nature of alcohol abuse and addiction. They offer helpful resources on how to help an alcoholic by identifying the risk factors, how alcoholism is diagnosed, and what effective treatment looks like. https://www.alcohol.org/helping-an-alcoholic/ PREVENTION RESOURCES | SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION Prevention and early intervention strategies can reduce the impact of substance use and mental disorders. Substance Abuse and Mental Health Services Administration’s (SAMHSA) prevention and early intervention efforts promote evidence-based decision-making. They offer a variety of substance use disorder prevention tools and resources. https://www.samhsa.gov/find-help/prevention Get support If you or a loved one may be abusing alcohol and are looking for support, you are not alone. The following organizations can help. Please note that Drizly is not directly affiliated with any of the organizations below. If you are experiencing a life threatening emergency, please dial 911. SMART RECOVERY A global community of free mutual-support groups. At meetings, participants help one another resolve problems with any addiction (to drugs or alcohol or to activities such as gambling or over-eating). Participants find and develop the power within themselves to change and lead fulfilling and balanced lives. https://www.smartrecovery.org/ ALCOHOLICS ANONYMOUS Alcoholics Anonymous is an international fellowship of people who have had a drinking problem. It is nonprofessional, self-supporting, multiracial, apolitical, and available almost everywhere. There are no age or education requirements. Membership is open to anyone who wants to do something about their drinking problem. https://www.aa.org/pages/en_US/need-help-with-a-drinking-problem
Alcohol Awareness Month content media
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Nikole Pezzullo, Esq.
Mar 12, 2022
In Law Forum
https://www.instagram.com/p/CbBT_9jLfBK/?utm_medium=copy_link
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