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The Primary Risks of Winter Driving

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What You Should Know About the Dangers of Winter Driving

Winter weather and driving is a dangerous combination that frequently results in car accidents. Every year, just under 25% of all vehicle crashes that are weather-related will take place on icy, snowy, or slushy pavement. Before you drive in inclement weather this winter, it’s essential that you understand the dangers that winter driving can pose.

Primary Dangers and Risks of Driving During Winter Weather

Winter weather is a common occurrence in New Jersey. Whether snow, sleet, or any mixture of these is falling, the best thing to do when inclement weather hits is to stay inside and off the roads. However, this isn’t always possible for people who have to commute to work even when the road conditions are poor. In this situation, driving slowly and being extra-cautious should significantly reduce the chances of you getting into an accident.

To further reduce the risk of getting into an accident, there are numerous dangers of winter driving that you should be aware of, the primary of which is black ice. This form of ice is mostly transparent and can be difficult to detect while driving, which makes it among the most dangerous hazards that you can face in the winter. When your vehicle drives over a patch of black ice, make sure that you slow down without braking too hard. As long as you remain calm and steer smoothly, you should be able to avoid an accident.

Another danger that you should be on the lookout for is accelerating or braking too quickly. The roads will be slick, which means that any quick acceleration or hard braking could cause your tires to lock up. Winter conditions can also reduce visibility, which is why your windshield should always be defrosted. Make sure that all of your signal lights are free from snow or ice. Yet another danger of winter driving is overconfidence. Even if you’ve safely driven in winter weather before, an accident can take place regardless of the quality of your driving.

Tips for Safe Driving During Inclement Weather

If it’s absolutely necessary for you to drive during winter weather, it’s important that you follow some basic safety tips. For one, make sure that you have a flashlight, some warm clothing, and some extra food and water in your vehicle in the event of an accident. When driving, your following distance should be around five to six seconds, which will protect you if the vehicle in front of you comes to a sudden stop. Some additional tips to adhere to include the following:

  • Apply steady pressure to the brakes when slowing down.
  • Don’t increase your speed when driving up hills, which could cause your wheels to spin.
  • Don’t stop when you drive up a hill.
  • Always drive slowly.
  • Try not to use cruise control.

What to Do If You’re Involved in an Accident

If you’re driving in winter weather and you get into an accident, it’s likely that your insurance would provide some coverage for any vehicle damage and injuries that were sustained. There are times, however, when a car accident is the fault of another individual, company, or entity. For instance, the manufacturer of the vehicle may be at fault if the accident occurred because of a faulty part. In the event that the accident resulted from the negligent actions of another driver, you may have legal options at your disposal.

Our Morristown personal injury lawyer can assist you in identifying if your case would benefit from legal representation. It’s common for lawsuits to be filed in situations where the other driver’s insurance provider doesn’t offer enough compensation. It’s also possible to file a lawsuit against the driver themselves. When you request our services, we will work on building a strong case before proceeding with a lawsuit. In the event that a lawsuit is necessary, we can file all of the necessary paperwork and help you understand every facet of the process.

If you’ve recently been involved in a car accident that resulted in an injury, contact our Morristown personal injury lawyer at (973) 898-0161 to get started.

The Lasting Consequences of Juvenile Criminal Charges

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Are There Long-Term Repercussions for a Juvenile Criminal Conviction?

Each year, roughly 2.1 million minors are arrested throughout the United States. A lot of people see juvenile criminal charges as less severe than adult charges, but this is not actually true. Being convicted of juvenile criminal charges can have severe, long-lasting effects on a youth’s development and future plans.

Removing Offenses Is Harder Than You Think

One of the big reasons people think juvenile charges are no big deal is because you can seal or expunge records for juvenile charges. The reality is that getting rid of juvenile criminal records is not as simple or automatic as you might assume. First of all, sealed records might be hidden from the general public, but they are still available to law enforcement. They can use these past records for investigating crimes, and if you are convicted again, your past charges can result in more severe sentencing. To actually remove the record altogether, you have to get it expunged, which is even more challenging.

There are a lot of requirements to meet if you want to get a court to grant a record sealing or expunging order. The person involved cannot be convicted of any future charges, and they have to demonstrate that they have a lengthy period of good behavior. If there were fines associated with their crime, they may have to pay them before getting their record sealed. There are different rules in place for various crimes. For some juvenile crime convictions, you may have to wait up to 10 years to get records removed. All of these rules can make it surprisingly tricky to actually get records sealed or expunged.

Economic Consequences of Juvenile Criminal Charges

The potential of being sent to a youth rehabilitation center is not the only consequence of criminal charges. Just like adults, juvenile sentences can include hefty fines. A youth may be sentenced to pay restitution to their victims or pay general punitive fines to the state. With the majority of juvenile offenders and their families living in poverty, these financial obligations can be extremely challenging.

Starting out their adult life with a huge debt can be extremely intimidating and frustrating for a young adult. Unlike other types of debt, legal fines assigned as a punishment usually cannot be cleared by declaring bankruptcy. Being saddled with debt from a young age often results in a cycle of poverty. When they are stuck paying back fines instead of saving up, it can be difficult for juvenile offenders to get a car, rent an apartment, or pay for college. This makes it hard for them to ever move on to higher-paying jobs that would allow them to pay off their fines.

Punitive fines are not the only way a youth may be economically affected by criminal charges. There are all sorts of other costs associated with charges as well. In addition to legal fees, families may have to pay for court-ordered therapy if they want to avoid their child being taken from their care. Sometimes, people must decide between paying extra for rehab or being incarcerated in a youth rehabilitation center. Altogether, this results in a major economic burden for families facing juvenile criminal charges.

There Are Many Unexpected Side-Effects to a Juvenile Conviction

Keep in mind that juvenile criminal convictions can lead to more than just fines and imprisonments. You should not assume that a conviction in a juvenile criminal case just means spending a few months in a youth detention center, and then continuing on with your normal life. Even if you have a great Morristown criminal defense lawyer who helps you avoid any incarceration, you can face serious consequences that have a long-lasting effect. Collateral consequences are additional punishments that a person may encounter following conviction. Juveniles do not face some collateral consequences, like losing their right to vote, but there are other potential consequences they may still encounter.

A juvenile conviction can cause both a youth and their family to be expelled from public housing. If the minor is not a citizen, their conviction can affect their immigration status, potentially causing deportation. Certain employments that require security clearances, including military jobs, may no longer be available to the juvenile. Convictions can also cause a youth’s driver’s license to be suspended or revoked. All of these collateral consequences can have a major impact on a minor’s future. They may find it hard to get housing, remain in their preferred country, or get the jobs they planned on achieving.

Mental Health Risks Linked to Juvenile Criminal Charges

Juvenile criminal charges happen during an essential developmental period, so they can have a big impact on a youth’s mental health in the future. Youth rehabilitation centers typically do not provide the supportive, home-like environment that young people need to flourish. Teens who spend their formative years in juvenile detention centers might miss out on key socialization opportunities. They often find it hard to befriend others and react appropriately to stressors. Following incarceration, juveniles are more likely to deal with mental and behavioral health issues. Some may develop mental disorders like anxiety and depression, and many are more likely to abuse illegal substances.

Even teens who do not end up with a lengthy stay in a youth rehabilitation center still suffer. The stigma and challenges of being labeled a criminal at such a young age can have a drastic effect on a youth’s development. Teens may find it hard to maintain their own self-esteem and have positive interactions with others. Being viewed as a criminal can set a youth down a long-lasting path toward mental health issues, and they may struggle to get appropriate care if they do develop behavioral and mental challenges.

Juvenile Criminal Charges May Have Other Major Impacts

For many juvenile offenders, a conviction can cause them to miss out on major life milestones and opportunities. Especially when it comes to education, the consequences can be devastating. Though the various youth rehabilitation homes try their best, they are often unable to provide teens with academic resources. Teens may be unable to get the grades, volunteer experience, and extracurricular activities needed for scholarships and college acceptance. Furthermore, they often struggle to learn the skills needed for part-time jobs or careers.

When juvenile offenders find it hard to achieve educational or career goals, they are more likely to turn to crime. Criminal charges often put at-risk teens in touch with others interested in the criminal lifestyle. They may make friendships and develop contacts that encourage them to take part in other criminal activities. Those who are convicted of criminal charges are often likely to end up in court again in the future, facing even more serious adult charges.

If you or a loved one is facing juvenile criminal charges, it is important to take them seriously. A conviction could result in serious consequences that have a long-lasting effect on a teen’s future. At the law firm of Gregg Wisotsky, we provide focused criminal defense services. We work hard to defend both adult and minor clients. If you need a Morristown criminal defense lawyer, call (973) 898-0161 or fill out our online contact form to schedule your consultation today. We will guide you through each step of the process and answer any questions you may have.

Driving During the Winter in New Jersey Can Be Dangerous

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Navigating Winter Roads in New Jersey

Winter is one of the times when travel is most necessary, but it’s also when it is the most dangerous to do so. If you need to brave NJ’s icy roads this winter, make sure you stay safe with the following tips.

Stay Below the Speed Limit

Driving close to, or even over, the speed limit is normal, especially on NJ roads. Unfortunately, speeding is incredibly hazardous to drivers. More than 25% of fatal accidents involve a driver going over the speed limit. In the winter, poor visibility and icy roads make the risk of a serious accident even more prevalent. If you do get into an accident, you should contact a Morristown personal injury lawyer.

If you want to decrease your risk as a driver, try reducing your speed whenever the weather conditions get worse. A little more reaction time will help make sure that you make it safely through any rain, sleet or snow that the winter season throws your way.

Leave Plenty of Following Distance

Another way to make sure that you have the reaction time you need to avoid a winter driving accident is to leave extra following distance between you and the car in front of you. The normal recommendation is to leave one car length for every 10 miles an hour that you are driving. During the winter, you may want to add an extra one to three car lengths just in case the car in front of you brakes suddenly and ends up sliding on the ice.

If possible, you should also avoid heavy traffic during the winter season. This will reduce the chance of someone following too closely and being unable to stop if you find yourself braking too quickly. Back roads can be quieter, but they also might not be plowed correctly, so only take alternate routes at your own risk.

Watch for Patches of Ice

Patches of ice on the street are never quite as easy to identify as drivers would like. Some icy spots are covered in powdered snow while others are dark and melt into the black color of the asphalt. Reflection alone isn’t always enough as some patches of dark ice are indistinguishable from the area around them.

In general, part of driving on winter roads is assuming that any wet or snowy area could be covered in slippery ice. Pass carefully over these areas, remembering to slow down to create more traction. You may also want to rehash the best way to drive safely on ice before the season officially starts.

Avoid Minor Distractions

Any distraction is dangerous when you’re driving, and the winter months are full of distractions. As much as you’d love to sing holiday carols or answer a text message from your family member, the truth is that you need to keep your attention on the road until you have safely reached your destination.

To avoid mental temptations, turn your cellphone off or silence it before you get into the car. Avoid looking at your phone as long as the car is in motion. Depending on how comfortable you are, you should also consider turning off the radio, especially when the weather is bad.

Clear Snow Immediately

Allowing snow and frost to build up on your car is never a good idea. The weight of the frozen water is often too much for your vehicle and can lead to dents, windshield cracks and worse damage. On top of that, any snow left on the top of your car can fall while you’re in motion, obstructing your vision and causing a sudden accident.

The solution is to keep an ice scraper and snow brush in your car. Always brush the snow off your car before you start driving, and never leave a spot because you think you have enough visibility. Pay attention to the center of your car’s roof. The snow here is hard to reach, but it still needs to be removed.

We hope you have a safe and wonderful winter season with clear roads to every destination. If something does happen while you’re on the road, please contact our Morristown personal injury lawyer at (973) 898-0161.

The COVID-19 Pandemic May Impact New Jersey Crime Rates

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COVID in New Jersey: What Is the Impact on Crime?

As a result of COVID-19, hundreds of thousands of people have been killed, millions sickened, and tens of millions of people have seen their employment disrupted. This, in turn, has impacted our economy, and the reach of that disruption has extended its tentacles into many aspects of our lives. However, as bad as it has been, some of the impacts have been more mixed, and in some ways, COVID has helped make a positive difference in society, including in some areas, like crime.

Economic Impact of COVID in New Jersey

Few states have been hit as hard by COVID as has New Jersey. This is the case for many reasons. First and foremost, unfortunately for the Garden State and its residents, New Jersey was one of the epicenters of COVID when it first hit the United States in March. For some time, New Jersey had some of the highest numbers of cases in the entire country. It also had extremely high positivity rates, hospitalization usage, and deaths.

Those impacts remain to date, although the numbers have declined. As of the end of October 2020, there were 231,000 cases of COVID-19 in New Jersey with more than 16,000 deaths. Relatively speaking, this is a high number. In terms of its rankings in the United States, New Jersey has the:

  • 10th highest number of cases
  • 5th highest number of deaths
  • 26th highest number of cases per 1 million residents

New Jersey Gov. Phil Murphy won praise and high approval ratings from his state’s residents, acting aggressively to close businesses and limit nonessential workers from traveling.

However, those measures and the human toll of the virus have exacted a steep price on the New Jersey economy. From that perspective, New Jersey continues to suffer. The state’s unemployment rate is 11.1 percent, which is much higher than the national average of 7.9 percent. The state has recovered significantly from the March/April unemployment highs but clearly has a long way to go after losing 759,000 jobs and having recovered a mere 40 percent of them.

As one would expect, the impact of this job loss was the hardest on the service, retail and tourism industries. These impacts, of course, hit people whose jobs were the least secure, often including women and racial minorities who have been made to bear the brunt of this pandemic.

Impact of COVID and other Economic Disruptions on Crime Across the United States

A wide array of research has detailed the impact that economic disruption and recessions have on crime. The results have yielded many findings, some of which make sense and others that are counterintuitive.

On one hand, according to the World Economic Forum, young people who leave school or graduate during a recession are more likely to become involved in crime than people who leave school when economic times are rosier. This is because young people who have a harder time finding a job are likelier to turn to a life of crime as there is no other productive way to spend their time or make a living. Of course, this could be particularly devastating for youth who were leaving high school or college during the height of the COVID-19 pandemic.

However, this does not mean that crime rates are bound to increase during difficult economic times. For example, according to an analysis by the Stanford Center on Poverty and Economic Inequality, crime rates were declining before the Great Recession, and they continued to decline during it. At the same time, the analysis noted that crime increased during many periods of economic growth, notably during the 1960s and 1970s. The paper noted the possibility that crime rates may lag behind these periods of growth and contraction, but it does appear possible that recessions will not broadly impact the crime rate. As such, it appears highly possible that other factors can crowd out the impact that the economy may have on crime.

As we are still in the middle of COVID, it is more difficult to determine what impact it has had on crime and the crime rate. However, some conclusions can be drawn. Arrests and crime reports are down in many areas throughout the country. Citing concerns of the danger jails and prisons posed, many police departments reduced arrests, instead opting to ticket individuals for alleged infractions. In areas with significant lockdowns or rates of illness, most types of crime fell dramatically, although some areas saw increases in certain types of physical crimes, such as burglaries of commercial properties. Criminals presumably targeted these areas, knowing they would be unoccupied during much of the lockdown.

Additionally, some other types of crime increased. Cybercrime, domestic violence and hate crimes against Asian Americans all saw increases, which can all be tied directly to the impact of COVID-19.

However, to be clear, while many types of crime have decreased, there is still a huge demand for legal services. Crime is still occurring; arrests are still being made; and many standard legal events, like trials, have been altered. As such, if you live in the Morristown area and need help finding an attorney, you should make sure to reach out to a Morristown criminal defense lawyer. Furthermore, you should do so sooner rather than later as any delay in court proceedings may extend your legal issues longer than necessary.

The Impact of COVID on Crime in New Jersey

If anything, it appears that the impact of COVID-19 on New Jersey crime rates has been positive. A report in mid-May by the New Jersey State Police found that crime had “plummeted” in New Jersey during the coronavirus outbreak. That report found that virtually all categories of crime, including violent crime and property crime, had dropped. In some cases, certain types of crimes dropped by as much as 65 percent. Even domestic violence calls had dropped by 16 percent. The only type of violent crime that increased was murder, which went up 9 percent.

These statistics were echoed in other parts of New Jersey. For example, in October 2020, Middletown reported record-low crime rates. Similar reports were found in other places in New Jersey.

However, in some cases, certain types of crime were found to have increased. For example, in April 2020, New Jersey announced that it was charging more than 2,200 people with crimes related to violating COVID-19 emergency health orders. The number of people who have been charged with such crimes has only increased since then. An August 2020 report discussed the arrest of 21 individuals who used the increase in children’s internet activity to prey on vulnerable kids and potentially commit sexual crimes against them.

On the whole, it is too soon to make definitive conclusions about the impact that COVID-19 has had on crime rates in New Jersey. However, with some exceptions, preliminary data indicate that crime has gone down in the state.

At the end of the day, far too many people have found themselves in trouble with the law. If you are looking for a Morristown criminal defense lawyer, contact the law office of Gregg Wisotsky. We offer top-notch criminal legal services, including defense strategies for assault, fraud, drug offenses and other felonies and misdemeanors. There are many ways to contact the firm, including by filling out the form on our site. You can also call us at (973) 898-0161 during business hours or (908) 229-9714 after hours and on weekends.

How Neglecting COVID-19 Prevention Laws Could Be Criminal

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Understanding When Neglecting Prevention Laws for COVID-19 Could Be Criminal

During the COVID-19 pandemic, many state governors have put laws and orders in place that are designed to lessen the spread of the virus. It’s important to understand that more than 200,000 people in the U.S. have died as a result of the COVID-19 virus. The prevention laws that have been passed in states like New Jersey can come with penalties and the possibility of litigation for individuals who neglect these laws.

Current COVID-19 Laws in New Jersey

Toward the beginning of the COVID-19 surge in the U.S., the New Jersey state government put in orders that required individuals to stay at home as much as possible. A mask mandate has also been passed that requires residents to wear masks or other types of face coverings in outdoor public spaces as well as commercial businesses. There are, however, some exceptions to this mask rule that you should be aware of. For instance, if wearing a face mask would inhibit your health, this order wouldn’t apply to you.

While the mask mandate is still in place throughout New Jersey, the stay-at-home order was rescinded back in June once the rate of new cases dropped significantly. At the time, anyone who was caught breaking the stay-at-home order could face penalties that were as high as $10,000 in fines and up to 18 months of jail time. During the period of time that the order was in place, more than 2,000 residents of New Jersey were charged with violating this order.

Keep in mind that current penalties and charges for neglecting COVID-19 prevention laws could increase or decrease in the coming weeks and months. Across the United States, prevention laws have become stricter when cases have risen. While the case numbers in New Jersey remained relatively steady from June through September, there’s always a possibility that case numbers could rise again. If this occurs, the penalties for not wearing a mask could increase. Enforcement of these penalties may also become more stringent.

Possible Penalties You Could Face

Since it has been rescinded, residents no longer have to worry about facing fines or jail time for breaking New Jersey’s stay-at-home order. As for the mask mandate, it’s possible that penalties and charges will start to be assessed in the coming weeks for individuals who are caught not covering their faces while in stores and outdoor places throughout New Jersey.

Back in April, Governor Phil Murphy created and signed an order that required people who enter stores throughout New Jersey to wear masks or face coverings. While these requirements are still in place, penalties have yet to be assessed for the mask mandate. In late September, the New Jersey State Assembly passed a bill that stated that individuals would face certain penalties if they were caught not wearing a mask in stores with visible signs that required face coverings. Currently, the bill has only been sent through the appropriations committee and will still require additional votes before becoming law.

If passed, this bill will charge individuals who break the mask mandate to have to pay fines that are anywhere from $50 to $500. These fines can be allotted if the individual doesn’t wear a mask over both their mouth and nose. In the early stages of the bill, anyone who was caught without a mask could also face a jail sentence of up to 30 days. This penalty has since been dropped from the bill, which means that monetary fines are currently the only potential penalty that people could face when breaking the mask mandate. While the criminal charges for neglecting COVID-19 prevention laws are relatively minor, it’s still important that you adhere to these laws if you want to avoid any charges.

Potential for a Lawsuit

Along with criminal charges, it’s possible that you could face a lawsuit if you neglect the COVID-19 prevention laws that have been set in New Jersey. If you show symptoms of suffering from COVID-19 yet continue to meet with people, shake hands, and remain in proximity to others, a lawsuit could be filed against you in the event that your negligence leads to spreading the disease.

While a lawsuit can be filed in such situations, these cases are often difficult to prove since the plaintiff will need to be able to prove that the defendant knew about their symptoms and continued to act recklessly before seeking treatment. For a defendant to determine that negligent conduct occurred, they must officially establish that:

  • Damage was done to the plaintiff
  • There is a connection between the conduct of the defendant and the harm that was done to the plaintiff
  • The defendant has a duty to the plaintiff
  • The defendant breached the duty that they had to the plaintiff

While it’s possible for lawsuits to be filed in relation to COVID-19, more coronavirus cases in New Jersey have been criminal. In fact, New Jersey has already charged more than 1,700 people for breaking the stay-at-home order back in April. This included a notable incident where a 54-year-old homeowner was charged after putting on a concert from his front porch in Rumson, NJ. That’s why it’s important to wear a face covering and pay attention to any new executive orders that may be signed by Governor Phil Murphy in the coming weeks and months.

How a Morristown Criminal Defense Lawyer Could Help You

While COVID-prevention regulations play an important role in stopping the spread of the disease, there are instances where people are unfairly charged with breaking the laws. Sometimes, a sign is not visible or someone is wrongfully accused. Keep in mind that there are some exceptions to the mask mandate and other COVID-19 prevention laws that might apply to your situation. For instance, the mask mandate doesn’t apply to situations where you’re drinking a beverage or eating food.

These laws are meant to punish serious offenders, not well-meaning people who fell victim to a mix-up. After all, navigating a pandemic is something new for our society. If you’ve been hit with a charge, consider reaching out to a criminal attorney.

It’s also important to understand that potential fines for breaking the mask mandate could be anywhere from $50 to $500. While you might be able to afford a penalty of $50, a higher penalty that’s closer to $500 could make it difficult for you to pay your monthly rent or afford groceries. Should jail time be added to the possible list of penalties, the economic ramifications could be even greater.

The COVID-19 pandemic is a serious situation that has resulted in many governors throughout the country signing orders and laws that make it illegal to go into a store without a mask or to visit a gym or movie theater during downtime. Even though the penalties that are assessed with these charges aren’t too high at the moment, it’s still recommended that you do what you can to avoid criminal charges. If you have questions about COVID-19 prevention laws, call us at the office of Gregg A. Wisotsky. You can reach our Morristown criminal defense lawyer at (973) 898-0161.

Wrongful Death Lawsuits Spike After COVID-19

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Plaintiffs File Increasing Number of Wrongful Death Claims

Almost 7,000 New Jersey nursing home residents have died due to COVID-19. In addition, many people have been sickened at work and ultimately passed away. As a result, their families have filed wrongful death lawsuits, resulting in a spike in this type of case.

The Lawsuits Are Just Beginning

COVID-19 has led to a high number of wrongful death claims. The lawsuits are only beginning as plaintiffs have until two years from the date of death to file a lawsuit. Thus, it is likely that there are still many more lawsuits to be filed as families learn more about their loved ones’ deaths.

There are many settings in which New Jersey residents were sickened by COVID-19. Even though the law is skewed toward the defendant in this area, there are still openings for families to bring wrongful death lawsuits against those who they believe are responsible for their loved ones’ death. This is why people are still filing lawsuits.

Nursing Homes, Employers and Retail Establishments Are Defendants

The three most common types of COVID-19 wrongful death lawsuits occur in nursing homes, employment settings and stores. While plaintiffs in these cases face some hurdles, they are hoping that the defendant’s conduct in these cases was so bad that they can persuade the jury of liability. Alternatively, they are hoping that the defendants may realize that they have legal risks and settle the case.

There has been a rush of wrongful death lawsuits against New Jersey nursing homes. You may remember the horror stories of bodies piling up at an overwhelmed New Jersey nursing home in the early days of the pandemic. These skilled nursing facilities were anything but skilled in keeping their facilities from being overrun with the deadly virus.

Nursing Homes Are Sued the Most

There was a class-action lawsuit filed against a nursing home in the state in which 94 families alleged that the home failed to take the proper action to keep their loved ones safe and prevent their deaths. New Jersey has passed a law giving qualified immunity to nursing homes from COVID-19 lawsuits, but there are enough ways to still show that the nursing home was liable.

The families of deceased New Jersey residents have also rushed to file lawsuits against employers that failed to keep workers safe. Whether these employees worked in stores or meatpacking plants, their employers did not provide them with adequate personal protective equipment (PPE) or take measures to keep the virus from spreading in the workplace. As a result, workers got sick and died.

Employer Lawsuits Are Tough to Win But Have Been Filed

These lawsuits are difficult to win but not impossible. Usually, this would be covered by workers’ compensation, which is the exclusive remedy. However, scores of plaintiffs are trying to prove that their employers were grossly negligent. This would allow the family to file a traditional wrongful death lawsuit that could lead to higher damages.

Families are also filing wrongful death lawsuits when people have become sick in places like stores. In the early days of the pandemic, stores might have been negligent in failing to take protective measures when they knew how dangerous the situation was. This includes rules to distance customers from employees and each other. Here, families are in a better position because a wrongful death lawsuit against the store would use the traditional negligence standard. To learn more, you can consult with a Morristown personal injury lawyer.

There has been no national COVID-19 liability shield as some have proposed. As a result, you can expect that there will be more lawsuits filed. The number will increase even more if there is a spike in COVID-19 deaths in the fall as many are predicting.

If you think that someone else may be responsible for the death of your loved one from COVID-19, contact Morristown personal injury lawyer Gregg Wisotsky at (973) 898-0161 to set up your free initial consultation.

New Jersey Police Crack Down on Drunk Driving Despite Pandemic

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Increased DUI Prevention in New Jersey Despite COVID-19

The novel coronavirus pandemic has altered American life. In fact, traffic in New Jersey has been down more than 60% at points during the pandemic, which has led to fewer traffic deaths, accidents and violations in the state in more than 50 years. Despite those numbers—and despite the reduced access to bars and restaurants—incidents of driving under the influence may be on the rise, which is why Morristown criminal defense lawyers warn that deterrence efforts by traffic cops have increased.

Driving Under the Influence in New Jersey

In New Jersey, the terms DUI (driving under the influence) and DWI (driving while intoxicated) are recognized equally and can be used interchangeably. We’ll use DUI here and going forward for the sake of clarity and consistency, but all of the information provided here applies in both cases. In this state, a DUI carries penalties when a person of legal drinking age has a blood alcohol concentration at 0.08% or above or when a person not of legal drinking age has a BAC at 0.01% or above. Punishment depends on the severity of the offense and, if applicable, the number of previous offenses. The most common penalties include:

  • Fines
  • Fees and surcharges
  • Imprisonment
  • Community service
  • Driver’s license suspension
  • Automobile insurance surcharges
  • Mandatory ignition interlock device
  • Driver education program participation

Is a Rise in DUIs Unexpected?

It depends on who you ask. On one hand, there are significantly fewer people on the roads, and fewer of those people are drinking while driving because there is less access to bars, restaurants and other establishments that serve alcohol. On the other hand, many people are working from home or have temporarily or permanently lost their employment. Many people have more free time than usual and are under great stress from the pandemic itself as well as the ancillary challenges. Consider that during the pandemic, alcohol sales went up 55% compared to years prior, according to the Nielsen market research firm. Morristown criminal defense lawyers and area traffic police also warn that DUI cases tend to rise during periods of elevated stress and loneliness, such as the holidays, and many people are experiencing stress and isolation like they never have before.

Are Other Factors Causing Increased DUIs?

NJ Transit—which encompasses both buses and trains—provides transportation for more than 800,000 passengers a day. Public transportation is available late at night, and some options run around-the-clock. Nevertheless, usage of public transportation in New Jersey is down at least 20%, and that number has been quite a bit higher during peak periods. Due to fear of infection, there’s some deterrence to opting for safer means of transportation while drinking. Travelers also have the option of taxis in addition to ride-hailing services, such as Lyft and Uber. However, the taxi workforce is down by a significant amount—as much as 75%. Lyft and Uber availability is also down—but by how much is not known—and more than 50% of regular ride-hailing passengers said that they were much less likely to use such a service during the pandemic.

DUI Ticket Blitzes

In New Jersey, the term ticket blitz is attributed to orchestrated traffic safety initiatives that run during various periods of the year, including between mid-August and Labor Day and one that begins the first week of December and continues through New Year’s Day. Recently, the campaign for these blitzes has been known as “Drive Sober or Get Pulled Over,” and they involve television, radio and internet ads in addition to billboards. During the COVID-19 pandemic, traffic cops have been using similar strategies more frequently—albeit with not as much media presence. These coordinated efforts not only result in arrests of drivers impaired by alcohol and drugs but also result in tickets for speeding, failure to wear a seat belt and texting while driving. These initiatives are multi-pronged and often involve:

  • Ad campaigns
  • DUI checkpoints
  • Added patrols near hot spots
  • Deterrence through increased police presence
  • Coordination between state and local law enforcement

What Does a DUI Checkpoint Entail?

DUI checkpoints involve the use of one or more roadblocks to funnel traffic. There is usually at least one police offer directing traffic while another examines drivers’ licenses and vehicle registrations. This initial phase is relatively brief. The police are looking for impaired drivers along with unlicensed drivers, expired tags and so on. Most drivers funneled through a checkpoint will be on their way in under a minute. If an officer suspects that you are impaired, he or she will ask you to pull over, turn off the vehicle and step out. You will then perform a field sobriety test. While you can refuse, New Jersey is an implied consent state. This means that giving consent is implied when you choose to become a licensed driver and operate a motor vehicle.

How Do DUI Checkpoints Differ During the COVID-19 Pandemic?

The COVID-19 pandemic has changed so many aspects of American life. That includes how law enforcement agencies in New Jersey conduct DUI checkpoints. Protocols have been updated to allow for as little contact as possible during all stages of the process. Police officers have been instructed to use face masks and gloves. They have hand sanitizer on hand in addition to masks that can be provided to citizens when needed. Social distancing is maintained as long as possible, including during the field sobriety test. The state has also updated the manner in which breathalyzers are used and handled to reduce the risk of either citizens or police offers getting infected.

Does Reduced Traffic Account for the Additional Resources?

In some cases, it may. After all, there is less traffic on the road, which means that traffic cops are dealing with fewer accidents and other traffic-related incidents. However, such coordinated efforts are usually made possible through additional manpower rather than through reallocation of necessary resources. Overtime for police officers is usually required. Police departments often have an annual budget for such purposes. Police departments can also receive federal, state and local grants to fund these efforts. This is certainly common with the nationwide Drive Sober or Get Pulled Over campaign, but it is not known if such funds have been distributed specifically for COVID-19-related impaired driving deterrence.

Local Representation for DUI Charges

Have you or a loved one been charged with a DWI or DUI? It’s important to seek legal representation, especially during these uncertain times. Whether this is your first offense or you are being charged with a second or subsequent charge, the office of Gregg Wisotsky in New Jersey would like to help you. DUI law is an area of focus for us, and we can provide you a Morristown criminal defense lawyer who will work diligently to protect your rights and minimize any penalties that you may face.

Our law firm provides initial consultations at no charge and without obligation. To schedule an appointment, call our Morris County office at (973) 898-0161 or contact us online. You’ll be happy to know that we follow all social distancing requirements while still providing strong legal representation.

COVID-19’s Impacts on Personal Injury Court Hearings

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How Personal Injury Dockets Are Faring During COVID-19

On August 27, 2020, New Jersey released a plan to reopen courtrooms for jury trials that had previously been off-limits during the pandemic. Reopening the courts for physical in-person proceedings is the first step toward clearing the backlog of civil cases. However, safely reopening is the priority at this point as opposed to moving to clear a backlog.

You Can Expect to Get a Hearing in the Future

New Jersey now has a plan to deal with the backlog of civil court cases that have piled up since the start of COVID-19. While it may not clear the backlog immediately, the state’s plan will at least get the wheels of justice moving again for both parties to a civil lawsuit. Now, at least personal injury plaintiffs can have the expectation that they will have their day in court in the future even if the rules still require social distancing.

Previously, it was unsafe to assemble the jury in one location out of fear of the pandemic. Now, subject to certain precautions, juries can assemble again to hear cases. This does not mean that a civil trial will be held in all courtrooms due to spatial constraints. Judges will be free to integrate video proceedings into their trial as they see fit with a recognition that the actual trial will be in-person.

The Judiciary Will Try to Return to Normal

The state now recognizes that it cannot indefinitely put a halt to trials because it will violate the legal rights of parties to a civil trial. With that in mind, they are making an effort to reopen courtrooms and begin to try to return to normal operations.

The first step to clearing some of the backlog is to get trials started again. However, this does not fully address the fact that there are cases that have piled up behind the court cases that had hearings canceled during the pandemic. The state is not even promising that jury trials can resume in a fully normal manner at any point in the future. Officials are just trying to get courthouses open as safely as they can right now. This is the first step.

Many Courtrooms Cannot Accommodate Socially Distanced Juries

Even with in-person jury trials, many courtrooms throughout New Jersey are not large enough to accommodate trials with social distancing. Counties are limited in the number of trials that they can hold because of spatial constraints. Counties are dealing with this by ensuring that the courtrooms are reserved solely for trials. They intend to try as many cases in these courtrooms as the schedule permits.

In order to bring jurors into the courtroom, the judiciary will try to do as much as possible outside of the courtroom to keep jurors as safe as possible. In order to test these procedures in civil trials, New Jersey courts will start with smaller and less complex trials. The hope is that the procedures will be effective and the state’s courts can switch to larger and more complex trials in short order.

The First Priority Is Getting Started Again

The state has still not indicated what it will do in order to clear some of the backlog it is facing. The first priority for the New Jersey Judiciary is to get the courtrooms open again as soon as possible. Then, the state might address how it would move to hear more cases. Right now, the state just wants to figure out how to safely hold in-person trials. Then, at a later stage, the court will try to figure out how to hear more cases. Thus, it is likely that the backlog will persist for quite some time. Your Morristown personal injury lawyer can advise you as to how this will impact your particular case, but you can anticipate that it will take much longer to get a trial date.

To learn more about how the judicial schedules will affect your personal injury claim, contact Morristown personal injury lawyer Gregg Wisostsky at (973) 898-0161 today.

Which Sorts of Criminal Cases Will Be Tried First After Courts Open?

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How Are Backlogged Courts Deciding Which Criminal Cases to Hear?

For several months, courts around the nation closed to prevent COVID-19 transmission. This unfortunate yet necessary measure has led to a backlog of over 16,500 criminal cases throughout New Jersey. Now that courts are finally opening up, the massive New Jersey coronavirus backlog may change the way certain cases are handled.

Older Cases Are Being Prioritized

The crime committed is not the only thing the court will consider as they pick which cases to start with. When trying to decide which cases to hear first, the court will also take into account how long it has been since the person was first arrested. In New Jersey, all defendants are guaranteed the right to a speedy trial. This is meant to keep police from indefinitely holding onto a person simply because they are suspected of a crime. A speedy trial is also necessary because it may be harder to obtain accurate witness statements and other relevant information as time passes.

Legally, a person must be indicted within 90 days of being detained. Furthermore, a person who has been indicted cannot be detained in jail for more than 180 days following the indictment. It is possible for a judge to declare a mistrial because of a lack of a jury, which may have happened when it was considered unsafe to create a jury. If the court has declared a mistrial, New Jersey law specifies that a new trial must start within 120 days of the mistrial entry.

If a person is detained in jail for longer than this amount of time, they can be released from jail. This is typically something the courts try to avoid, even when there is a criminal case backlog. As long as the prosecutor feels that they have a decent case against a person, the court will prioritize those who are about to reach this statute of limitations. This means that both indictments and criminal trials for older cases will proceed as quickly as possible. Even if the older trial is not for an especially severe crime, it may be tried simply to ensure that defendants’ rights to a speedy trial are met. The older a case is, the more likely it is to show up on the court’s docket.

More Serious Crimes Are More Likely to Be Tried

The backlog is so severe that some Morristown criminal defense lawyers and other legal experts feel that it may be impossible for courts to meet trial deadlines. In these situations, some charges may inevitably be dismissed. The courts are aware of this, so they are trying to ensure that all serious and violent criminal cases are heard first. They feel that if some potential criminals are set free it is best to ensure that it is only those who have committed less serious or nonviolent crimes. More time and energy will be focused on serious crimes instead of crimes that may be considered petty or victimless.

Another reason that courts are focusing on more serious crimes is because they want to keep jailhouses as empty as possible. Reducing the number of people in jail makes things easier for wardens to keep the inhabitants safe. Typically, those who are arrested for less serious crimes have a low bail that they can easily pay. More serious criminal charges make it harder for a person to get bail. In some cases, the bail amount may be so high that it is hard for the defendant to pay. In other circumstances, bail may be denied altogether. Since the courts recognize that full jails are going to lead to problems, they are making an effort to help keep jails as empty as possible.

What counts as a “serious” crime tends to be a matter of personal opinion. Typically, crimes involving violence or large amounts of theft tend to be considered more serious. Things that are felonies or aggravated felonies may get court attention sooner than misdemeanor crimes. Some examples of the types of criminal cases that may be prioritized include:

  • Homicide
  • Sexual assault
  • Armed burglary
  • Manslaughter
  • Assault
  • Robbery

Cases That Cannot Be Plea Bargained Are More Likely to Go to Court

To deal with the New Jersey coronavirus backlog, most courts are focusing on plea bargains over jury trials. Only about 10% of criminal cases actually end up going to trial usually. Instead, the majority of people charged with a crime end up accepting plea bargains. A plea bargain is an agreement where the prosecution agrees to reduced sentencing in exchange for the defendant pleading guilty right away.

Even more COVID criminal cases are likely to end in plea bargains than usual because these bargains are quicker and easier than a full trial by jury. The court is desperate to get through cases as quickly as they can, so they are being more lenient on the types of bargains being approved. Many prosecutors report that they are going out of their way to create plea bargains whenever possible.

However, plea bargains are typically only an option in certain types of cases. Most prosecutors will skip a plea bargain if they feel that they have enough evidence to almost guarantee a conviction. A complete lack of evidence can also make it hard to settle a plea bargain since the defendant and their Morristown criminal defense lawyer may think that their chances of being acquitted are high. Furthermore, if a crime is considered particularly serious, such as first-degree murder, all plea bargains may be taken off the table. Plea bargains may not be offered to repeat offenders and others who are deemed to be a danger to the public.

Since the courts are so busy, they may advise prosecutors to avoid wasting time trying to get a plea bargain for these situations. Instead, they may prioritize trials for these sorts of cases to get them out of the way. This lets the court spend its time addressing the more controversial cases while plea bargains can be used to clear away more open-and-shut cases. With New Jersey courts encouraging plea bargains instead of trials, the only cases likely to go to a jury are those that cannot be plea bargained away.

How to Handle COVID Criminal Cases

If you are facing criminal charges during COVID-19, you cannot just assume that they will go away. Courts may be focusing on more serious cases, but they are still taking time to consider every case that goes through their offices. The new focus on plea deals may give you favorable terms, but you should always get legal advice before accepting any plea deal. An experienced Morristown criminal defense lawyer can help you decide if it is worth waiting for a trial.

The law firm of Gregg Wisotsky is here to help during these trying times. We are happy to provide free consultations and review your case. Our team has worked on a variety of criminal defense cases, ranging from drug offenses to violent crimes. To learn more, call our Morris County office at 973-898-0161 or fill out our online contact form.

Personal Injury Lawsuits Against Employers for COVID-19 Infections

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Suing Your Employer for Getting COVID-19 at Work

Even though the jobless rate in New Jersey has spiked to over 16%, there are still countless employees who have needed to show up in person to work during the COVID-19 crisis. Many of them have contracted the virus at work as their employers were lax about protecting them on the job. You may be wondering whether you can file a lawsuit against your employer instead of seeking workers’ compensation benefits.

Your Lawsuit Must Be About More Than Negligence

Like the response to many legal questions, the answer to the inquiry of whether you can sue your employer for not taking the proper COVID-19 precautions is complicated. Ultimately, it would depend on the level of blame that the employer bears for the fact that you contracted COVID-19 on the job. Nevertheless, you would need to go well beyond showing that your employer was negligent in failing to protect you.

In general, it is very difficult to file a personal injury lawsuit against your employer. This is because the workers’ compensation system gives them a certain level of protection from any lawsuit that an employee would file. If a worker is injured on the job, and getting coronavirus at work would count as an injury, their exclusive remedy is to file a workers’ compensation claim.

Try to Find Lawsuit Grounds

You cannot file a standard personal injury lawsuit on the theory that the employer was negligent in failing to protect you. While you can receive workers’ compensation benefits under those circumstances, you would likely get more in payment in a personal injury lawsuit. This is why some victims will want to find a reason to try to file a lawsuit instead of a workers’ compensation claim.

In New Jersey, there are some limited circumstances under which an employee can sue their employer. Instead of just showing negligence on the part of their employer, they would need to prove that their employer acted with gross negligence. This is a much higher standard that is not always easy for a plaintiff to meet.

The Employer Must Have Acted Deliberately

While negligence can cover omissions or carelessness, gross negligence requires that the employer acted with some sort of intention or deliberate conduct. In other words, your employer needs to know that their employees are facing risks and deliberately ignored these risks in failing to protect the employees.

This is not an impossible standard to meet when it comes to preventing COVID-19 outbreaks at work. While many employers have since cleaned up their act as more information about the pandemic has been released, there are countless stories from the earlier days when employers sent their workers on the job without any personal protective equipment. Moreover, some employers forced their employees to work close together when they knew that COVID-19 was a highly contagious disease. Some supervisors forced employees to come into work even when they were showing symptoms of being ill. Each of these may be considered as deliberate conduct if the case goes to trial.

Again, it is not easy to win a personal injury lawsuit against an employer no matter the circumstances. This is the reason why workers’ compensation exists. However, there have been cases in New Jersey where employees have been successful. For example, a New Jersey court allowed an injured employee to sue when their employer willfully ignored federal safety rules.

Of course, COVID-19 is an unprecedented situation, so it is too soon to tell how courts will treat the normal rules. A Morristown personal injury lawyer can advise you as to the possible merits of your case. You should be prepared for some uncertainty along the way as courts’ legal approaches to this issue are still unknown.

To learn more about whether your employer may be liable for your case of COVID-19 that you got on the job, contact the Morristown personal injury lawyer Gregg Wisotsky at (973) 898-0161 to schedule your free initial consultation. We have offices throughout New Jersey.

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The National Trial Lawyers

Disclaimer : The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.

© 2025 Gregg A. Wisotsky, Esq. Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, Attorney at Law. All Rights Reserved.

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