Forum Posts

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.
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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.
NJ Self Defense Law content media
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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
Alcohol Awareness Month - Helpful Resources content media
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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
NJ motor vehicle point system  content media
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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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