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NJ DWI Standard Statement Irrelevant Where Defendant Submits To Breath Test - State v. Peralta, --- N.J.Super. --- (App. Div. 2014)

In a published opinion issued today, State v. Peralta, the Appellate Division ruled that the failure to read the standard statement to a DWI defendant who provides a breath sample is irrelevant.   I would expect the Defendant to petition for (and the NJ Supreme Court, grant) cert.

Peralta is linked, below.

States' Treatment of Ebola Nurse Puts Focus on Risk Analysis


Decision of The Year Nominee: The Hearing Clinic (Niagara Falls) Inc. v. 866073 Ontario Limited, et al., 2014 ONSC 5831

Per AboveTheLaw.com:

Justice Joseph Quinn of the Ontario Superior Court of Justice does not suffer from T.S.S. Whatever the opposite of T.S.S. is, this dude (and I say “dude” with the highest respect) has it. Take this sentence from his epic ruling in The Hearing Clinic (Niagara Falls) Inc. v. 866073 Ontario Limited: “Fridriksson has taken everyone on a hideously time-consuming and obscenely expensive journey down his private yellow brick road to the outskirts of the Emerald City where, it appears, he has a residence. It was not a worthwhile adventure.”

~~~

With respect to Fridriksson’s credibility, he started with this preface:

Determining credibility can be a challenge for a trial judge. We have no special powers in that realm and, wherever possible, avoid reliance upon darts, dice and Ouija boards. However, rarely, has a witness generously offered up so many reasons to be disbelieved. Fridriksson was an evidentiary gift who kept on giving. He ignored rule number one in the Litigants’ Credo: “Know thyself, because others soon will.” Enough of this preamble. Come with me now on a visit to the phantasmagorical world of Fridriksson. Pack lightly.

~~~

Directly from the decision:

After four weeks, the first witness, Stefan Fridriksson (“Fridriksson”), was still testifying. Six additional days were needed to complete his evidence. In total, Fridriksson sub-let the witness box for 26 days. He entered the box as an articulate professional with impressive academic credentials, displaying what appeared to be a sound and comprehensive recollection of events. When he stepped down, after more than 14 days of withering cross-examination, he was noticeably dazed, his credibility was reduced to existential confetti and he even appeared to be physically shorter than when the trial began.

~~~

The decision is lengthy, but worth a read in transit or waiting for a calendar call...

OPRA Victory For Disclosure - Paff v. Bergen County; Paff v. Ocean County Prosecutor's Office

In a sweeping victory for a self-proclaimed "open government activist," John Paff won virtually simultaneous victories against Bergen County and the Ocean County Prosecutor's Office for disclosure of various records, which disclosure was vigorously resisted.

In the respective cases, both judges found the Defendants' purported reasons for non-disclosure to be invalid and made it clear that there would be an award of counsel fees in Plaintiff's favor in the parties were unable to agree on a figure.

The cases follow below...

NJ Justice Sues Over Husband's Auto Death


Panel Hears Jurisdictional Dispute in Facebook Ethics Case


Judge Allows 'Mafia Cops' Suit Against City to Proceed - Pipitone v NY


Court Blocks Claim Over Unauthorized Funds Transfers - ADS v. Oritani, --- N.J. --- (2014)