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New Brunswick, NJ, Jan. 14, 2010 — The law firm of Garces & Grabler has set up a humanitarian fund drive to help earthquake victims in Haiti. They are accepting donations on behalf of Haiti Help Med Plus at their 7 office locations throughout New Jersey.

The recent earthquake in Haiti, which has affected about 3 million people, has devastated the capital city, Port-au-Prince, and has left thousands of people without shelter, food or water.

“These are among the poorest people on the planet and they desperately need our help! Garces & Grabler will immediately start collecting donations at each of our offices,” wrote William J. Garces, the firm’s founder and managing partner, in an email this morning. “I will personally make a donation and I encourage everyone to donate what they can. Tell everyone you can!  Let’s all help make a difference!”

All monies collected will go to Haiti Help Med Plus, a non-profit 501(c)(3) Organization.

Those who wish to donate in person should visit www.GarcesGrabler.com for office locations.

Those who wish to donate online should visit www.HaitiHelpMed.org.

Garces & Grabler, a full-service law firm with seven offices throughout New Jersey, has been serving communities in New Jersey, New York and Pennsylvania since 1991.

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Protecting America from Impaired Drivers

Launched in December 1999, the national Drunk Driving – Over the Limit. Under Arrest Crackdown is a partnership of criminal justice and traffic safety partners in all 50 States that is committed to reducing deaths from impaired driving. Thanks to the combined efforts of thousands of devoted public and private partners, more than 150 million Americans have learned about the campaign from newspapers, the Internet, and from radio and television broadcasts.

It Takes a Community Approach to Save Lives

• Although every year 1.5 million impaired drivers are arrested, only one arrest is made for every 772 occurrences of driving under the influence of alcohol. Repeat offenders account for a high number of alcohol-related crashes.
• We have come to a crossroads in our efforts to prevent this deadly crime. America is at a crucial point where we must all do more as communities and as individuals if we are to make significant declines in the number of alcohol- and drug-related crashes.
• The key to reversing this alarming trend is taking a systematic approach with law enforcement, prosecutors, judicial officials, traffic safety partners and individuals each doing their part, to protect innocent victims from impaired drivers.

Know your DUI Laws in NJ!

If you need an NJ attorney because of a drunk driving charge, contact us right away.

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Impaired driving causes unnecessary deaths and injuries on New Jersey’s roadways each year.

In 2008 (the last full year for which data is available), there were 154 alcohol-related fatalities in the state, accounting for 26% of all motor vehicle-related deaths.  Despite the fact that this was the second consecutive year that alcohol-related fatalities declined, the New Jersey Division of Highway Traffic Safety (NJDHTS), the state’s law enforcement community, and traffic safety agencies recognize that impaired driving remains a serious problem.

From August 21 – September 7, 2009, NJDHTS again participated in the national Over the Limit, Under Arrest impaired driving crackdown. The goal of the crackdown is to mobilize all police agencies in the state to raise public awareness about the dangers of impaired driving, through a combination of stepped up enforcement and media activities.

NJDHTS invited all 497 police agencies in New Jersey to support the initiative with 236 receiving overtime enforcement grants in the amount of $6,000 each. The remaining agencies were asked to support the crackdown through the use of their own resources.

To help spread the Over the Limit, Under Arrest message, a statewide press release was issued just prior to the start of the crackdown. Police departments were also asked to engage their local media through the dissemination of press releases and public service announcements.

The Results

The 2009 Over the Limit, Under Arrest statewide crackdown resulted in 1,528 DWI arrests, down slightly from 1,589 arrests during the 2008 campaign. In addition, participating police agencies issued 8,051 and 4,964 speeding and seat belt summonses, respectively. The crackdown focused on impaired driving, but as with all statewide traffic safety initiatives, motorists were again reminded of the state’s commitment to proper restraint and obeying posted speed limits.

For a complete breakdown of arrests in New Jersey counties and towns, read the 2009 OVER THE LIMIT, UNDER ARREST STATEWIDE CRACKDOWN report.

For more information about DUI laws in NJ, see our Alcohol Awareness post.

If you need an NJ attorney because of a drunk driving charge, contact us right away.

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The Law Offices of Garces & Grabler would like to wish everyone a happy, healthy and safe holiday season.

We would like to remind all New Jersey motorists and visitors to be mindful of the DWI/DUI laws in NJ to ensure that everyone can enjoy the holiday season.

For more information, read our post on DUI laws in NJ.

If you need an NJ attorney because of a drunk driving charge, contact us right away.

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Saturation Patrols and Sobriety Checkpoints throughout New Jersey

Between December 7, 2009 and January 3, 2010, law enforcement agencies throughout New Jersey will conduct saturation patrols and sobriety checkpoints.

The Division of Highway Traffic Safety offers the following advice to ensure a safe and enjoyable holiday season for all New Jerseyans and out-of-state visitors:

• If you’ve consumed alcohol, even just one drink, take mass transit, a taxi or ask a sober friend to drive you home. Or, spend the night.
• Report impaired drivers to law enforcement. In New Jersey, drivers may dial #77 to report a drunk or aggressive driver.
• If you’re intoxicated, and traveling on foot, the safest way to get home is to take a cab or have a sober friend or family member escort you safely to your doorstep.
• Always buckle up, every ride, regardless of your seating position in the vehicle. It’s the best defense against an impaired driver.

Additional information on the “Over the Limit, Under Arrest” year-end crackdown is available on the Division of Highway Traffic Safety’s web site, at www.njsaferoads.com.

Read here about DUI laws in NJ.

If you need a NJ attorney because of a drunk driving charge, contact us right away.

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The New Jersey Law Against Discrimination (LAD) makes it unlawful to subject people to differential treatment based on race, creed, color, national origin, nationality, ancestry, age, sex (including pregnancy), familial status, marital status, domestic partnership status, affectional or sexual orientation, atypical hereditary cellular or blood trait, genetic information, liability for military service, and mental or physical disability, perceived disability, and AIDS and HIV status.

The LAD prohibits unlawful discrimination in employment, housing, places of public accommodation, credit and business contracts. Not all of the foregoing prohibited bases for discrimination are protected in all of these areas of activity. For example, familial status is only protected with respect to housing.

The Division has promulgated regulations that explain that a place of public accommodation must make reasonable modifications to its policies, practices or procedures to ensure that people with disabilities have access to public places. The regulations also explain that under the LAD, these reasonable accommodations may include actions such as providing auxilliary aides and making physical changes to ensure paths of travel.

To learn how to file a complaint with the Division on Civil Rights, see our post.

Get more information about Employment Law and Discrimination at the Garces & Grabler website.

Or call 1-800-923-3456 to contact a private attorney today.

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Complaints must be filed with the Division on Civil Rights within 180 days after the alleged act of discrimination. A complaint can be filed at any of our five regional offices. To make arrangements contact the office nearest to you. We cannot accept complaints via e-mail at this time.

Once a complaint is accepted, the Division will conduct an investigation. Following the completion of the investigation, the Director will determine whether or not probable cause exists to believe that unlawful discrimination has occurred. If a finding of probable cause is issued, the case will be transmitted to the Office of Administrative Law where a full hearing will take place before an Administrative Law Judge. The case may be litigated by a state Deputy Attorney General on behalf of the Division, or the complainant may choose to litigate the case personally or through private counsel. If a finding of no probable cause is issued, the case is closed without further proceedings by the Division. If the Director has not made a probable cause determination within 180 days of the filing of the complaint, the complainant may request to litigate the case at the Office of Administrative Law either personally or through private counsel (but not by a Deputy Attorney General).

If, after investigation and an administrative hearing of a complaint, the Director determines that unlawful discrimination occurred, the Director can order the respondent to take affirmative action to remedy the discrimination. The Director is authorized to order relief such as reinstatement, hiring, or upgrading of the employee, and may also award back pay and damages for pain and humiliation. Further, after the hearing, the Director may also award attorneys fees to prevailing complainants and may assess a statutory penalty against the responding party.

Alternatively, an aggrieved party may file a complaint in New Jersey Superior Court within two years of the alleged violation (six years if the alleged violation occurred before July 27, 1993).

A person may initiate an action in Superior Court without first filing a complaint with the Division. However, filing a complaint in Superior Court bars the filing of a simultaneous complaint with the Division because a person may not process a complaint of discrimination simultaneously before the Division and in Superior Court. A person who files an action in Superior Court, is entitled to a jury trial. A successful litigant may be awarded reinstatement, hiring or upgrading and back pay as well as damages for pain and humiliation. In more egregious cases, an award of punitive (punishment) damages may be made. An award of attorneys fees is also available to prevailing parties in Superior Court.

It is important that initial information given to the Division be as complete and accurate as possible. When a complaint is filed, it is helpful to bring the following information:

• Names and addresses of the person or persons alleged to have discriminated against you and names of possible witnesses.

• Documentation to support that claim. Documentation to support the damages being sought, such as wage statements, proof of medical expenses.

• The Employment Discrimination Complaint Pre-Interview Questionnaire (pdf), if you are filing an employment discrimination claim. The form is intended to be used as a guide and we recommend that you fill it out and bring it with you if you decide to visit a Division office for purposes if filing an official complaint. When you appear in person at a Division office, be prepared to provide the information requested in the questionnaire. You may not complete the questionnaire and send it to the Division. The completion of the form in no way constitutes the official filing of a complaint with the NJ Division on Civil Rights.

If you have further questions, please review the Division on Civil Rights fact sheets.

Get more information about Employment Law and Discrimination at the Garces & Grabler website.

Or call 1-800-923-3456 to contact a private attorney today.

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Case before the New Jersey Supreme Court on October 10.

TRENTON – The Division on Civil Rights filed an amicus brief with the New Jersey Supreme Court that supports the position of a 73-year-old college dean who is suing Mercer County Community College for not extending her contract after 25 years of employment. Oral argument is scheduled for the case on October 10 at 10 a.m.

Filed with the Supreme Court on October 28, the Division’s brief contends Mercer County Community College is incorrect in its argument that a 1985 amendment to the state Law Against Discrimination (LAD) – an amendment that allows employers to refuse to hire job candidates over age 70 – means it did not unlawfully discriminate in failing to renew the contract of Rose Nini, longtime Dean of the college’s Division of Corporate and Community Programs.

The Division’s brief contends that the non-renewal of Nini’s contract in 2005 is not protected by the so-called over-70 exception in the LAD, as Mercer County Community College contends, but instead is tantamount to a firing by the college, and that such an action is therefore subject to the LAD’s discrimination protections.

In attempting to defend its action via the over-70 exception, the Division’s brief asserts, Mercer County Community College is relying on a “misplaced and overly broad interpretation” of the 1985 amendment. If such an interpretation were to be adopted, it “would severely hamper” the state’s ability to combat discrimination.

“It is disingenuous for (Mercer County Community College) to characterize the termination of Nini’s contract as simply a failure to employ in the context of the amendment,” charges the Division’s brief. “Clearly, to continuously renew her contract for 25 years and decide not to renew it only after she reached the age of 70 is not only invidious age discrimination, but ‘mocks the beneficial goals of the LAD.’ ”

According to the Division’s brief, Nini was a member of the Mercer County Community College Board of Trustees before she began working at the college as an executive assistant to the president in 1979. In 1982, she became Dean of the Division of Corporate and Community Programs, a position she held until her final contract expired on June 30, 2005.

Although Nini was provided three ostensibly performance-related reasons for the non-renewal of her contract, her position is that the reasons were pretexts, and that the actual reason was her age.

Her civil complaint against the college, its board of trustees and President Robert Rose, filed in September 2005, charged age-based discrimination. The trial court held, however, that state law permitted an employer to decline to renew the employment contract of any employee 70 years or age or older.

Nini appealed, arguing that the non-renewal of her employment contract represented an unlawful termination or discharge. The Appellate Division agreed and reversed the trial court.

The college then petitioned the state Supreme Court for certification on the issue of the Appellate panel’s interpretation of the over-70 exception, and certification was granted.

Senior Deputy Attorney General Anne Marie Kelly and Assistant Attorney General Andrea M. Silkowitz are handling the Nini amicus brief on behalf of the state.

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Recommendations of Teen Driver Study Commission Helping to Reduce Teen Crashes

Trenton, NJ – The number of teen drivers and teen passengers killed in motor vehicle crashes in New Jersey dropped for the third consecutive year in 2008 to 59, down from 68 in 2007 and 73 in 2006.

The decline coincides with the work of the Teen Driver Study Commission. Since issuing its report on the state of teen driving in New Jersey 19 months ago, the commission has been working with government, non-profit, and traffic safety organizations to implement a number of innovative programs and initiatives, including school-based parent/teen orientations, that are helping to reduce teen crashes and save lives.

The new initiatives, as well as two bills signed into law by Governor Jon S. Corzine in April, were based on recommendations in the Commission’s report. Presented to the Governor and Legislature in March 2008, the report outlined 47 recommendations for improving teen driver safety in New Jersey. Fourteen of the recommendations are considered essential for stemming the tide of teen driver crashes, which have claimed the lives of over 400 teens (16-20 years of age) since 2001.

Highway Traffic Safety Director Pam Fischer, who was chair of the Teen Driver Study Commission, said, “The commission is extremely pleased with the significant progress that has been made to date in implementing the recommendations in the report. Four of the most critical recommendations — a ban on plea agreements for Graduated Driver License (GDL) holders, the use of a decal by permit and provisional license holders, an earlier curfew and a more stringent passenger restriction — have either been implemented or signed into law, putting in place the foundation for an enhanced GDL program that will protect all new drivers behind the wheel.”

The plea agreement ban, which impacts all GDL holders regardless of age, was implemented through an Attorney General’s directive to municipal prosecutors on September 17, 2008. The use of a decal (dubbed Kyleigh’s Law), an 11 p.m. curfew, and a limit on passengers to just one — regardless of family affiliation — take effect on May 1, 2010, and apply to all GDL permit and provisional license holders under 21 years of age. Once a teen completes the permit and provisional phase of the GDL system (approximately 18 months), the restrictions are lifted. In addition, many schools across the state are working with the Division and traffic safety organizations to educate teens and their parents about the GDL law and the risks associated with teen driving.

Motor vehicle crashes are the leading cause of teen death in New Jersey and the U.S., with an average of 6,000 teens killed and 300,000 injured each year nationwide. Last year in New Jersey, there were 56,962 crashes involving teen drivers, a decline of 3 percent since 2007. While most of these crashes resulted in minor injuries and/or property damage, 36 teen drivers and 23 teen passengers driven by teens were killed last year. In 2007, 35 teen drivers and 33 teen passengers lost their lives in crashes. Speed, distraction, inexperience, and lack of seat belt use were prevalent factors in these fatal crashes. In some cases, the teen driver had multiple violations on his or her driving record.

A chart detailing the progress being made in implementing the 14 essential recommendations, as well as other key issues addressed in the Commission’s report, is available on the Division of Highway Traffic Safety’s web site, at www.nj.gov/oag/hts/teen-driver-report-updates.html.

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A new pilot program, designed to help children understand at an early age the life-saving importance of properly buckling-up when riding in a vehicle, was unveiled today by traffic safety and law enforcement officials.

According to Division of Highway Traffic Safety Director Pam Fischer, the interactive program highlights the proper use of booster seats, typically used by children under the age of eight who have outgrown the limits of child seats with harnesses.

“While many educational efforts focus on helping parents and caregivers better understand the proper use of child safety restraints in vehicles, this unique program is designed to engage youngsters in ensuring their own safety on New Jersey’s roads,” said Fischer.
New Jersey’s booster seat law establishes a minimum standard (children must use child restraints and boosters until they are at least 8 years old or weigh 80 pounds). Once children outgrow their forward-facing car seats they should ride in booster seats, in the back seat, until the vehicle seat belts fit properly. Seat belts fit properly when the lap belt lays across the upper thighs and the shoulder belt fits across the chest, which may not coincide with a specific age, weight or height. When children outgrow their booster seats, they should be restrained with seat belts in the back seat until at least 13 years of age. At that time, they may ride in either the front seat or back seat, but must always be properly restrained. (New Jersey’s current primary seat belt law requires passengers under the age of 18, regardless of seating position, to always buckle-up.)

“The program provides an opportunity for children to experience first-hand when a booster seat should be used, and how a seat belt should fit,” Fischer said. “Many children are moved from a booster seat into an adult seat belt when they meet the guidelines set in the law, even though the belt doesn’t fit correctly. By providing an actual demonstration of what a properly fitting seat belt and booster seat should feel like, the children can gain a better understanding of how to protect themselves from potentially severe injuries in a crash.”

“Children in this age group need to know why they should use boosters or seat
belts,” added Joseph Colella, the occupant protection instructor helping to develop the program. “Education empowers them to protect themselves when faced with mixed messages or pressure from their peers.”

The New Jersey Division of Highway Traffic Safety is working with local traffic safety organizations, schools and law enforcement agencies to offer the program to youngsters throughout the state. Additional information on child passenger safety, including a list of permanent fitting stations that parents and caregivers may visit throughout the year for free assistance with their child seats, is available on the Division’s Web site, at www.nj.gov/oag/hts/CPS-week_resources.html.

Are You Using Your Child’s Safety Seat Correctly?

Have a legal issue? Contact the Law Offices of Garces & Grabler.

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