2053 Woodbridge Ave. Edison, NJ 08817

Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Monday, July 23, 2007

Division of Alcoholic Beverage Control v. Maynards, Inc.

7-18-07 (A-120-05)
The Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 to – 97,
imposes strict liability on a licensee for a violation
of the Act’s provisions by the licensee’s employees. The
measure of punishment is determined by considering all relevant
facts, including the licensee’s knowledge, efforts taken to
prevent violations, and character and reputation; whether
excessive hardship would result; and whether repeated violations
were the direct product of governmental action.

Monday, July 09, 2007

State v. David L. Franchetta, Jr.

06-28-07 A-1498-06T5

This case presents a novel issue as to whether a "rebound
effect" or a "hangover effect" from a previous ingestion of
cocaine constitutes being "under the influence" of a narcotic
drug pursuant to N.J.S.A. 39:4-50. We held that it does.
Although the cocaine ingested by defendant was not
pharmacologically active at the time of the incident, we found
that it was the proximate cause of his impaired behavior and
that he was therefore "under the influence" of a narcotic drug
for purposes of N.J.S.A. 39:4-50.