coronavirus

New Jersey Police Crack Down on Drunk Driving Despite Pandemic

September 23, 2020 by Gregg Wisotsky, Esq. Leave a Comment

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.

Personal Injury Lawsuits Against Employers for COVID-19 Infections

August 19, 2020 by Gregg Wisotsky, Esq. Leave a Comment

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.

COVID-19 and Workers’ Compensation Benefits

June 6, 2020 by Gregg Wisotsky, Esq. Leave a Comment

Can You Get Workers’ Compensation for Contracting COVID-19?

As of this writing, there have been more than 150,000 cases of COVID-19 in New Jersey. Many of these people were exposed to the virus while at work. The question exists as to whether they can qualify for workers’ compensation benefits to pay them for their lost wages, medical bills, and other damages.

COVID-19 Would Be Compensable

The general answer is that you can file a workers’ compensation claim if you got COVID-19 at work. However, it is not always as simple as it seems. While these benefits exist in theory, it is not always easy to prove that you qualify for them.

First of all, COVID-19 would be considered a work-related injury for purposes of workers’ compensation. It is an illness that is caused by something that you are exposed to while at work. If you miss time for work or incur medical costs, the workers’ compensation fund should presumably cover the costs. If you believe that you have contracted COVID-19 while at work, you should immediately report it as a work-related injury.

Proving Causation May Be a Challenge

However, while your eligibility for workers’ compensation when you contracted coronavirus at work is not in doubt, what is more difficult is proving that you contracted COVID-19 while on the job. One of the requirements to be eligible for benefits is that it must be a work-related injury. This means that it must occur when you are on the job.

What is difficult is when you are dealing with a pandemic that has struck practically every part of our society. When this is the case, you may have some difficulty proving that you contracted COVID-19 at work. Your employer does not want you to get workers’ compensation, so they may challenge you when you file a COVID-19 claim. Without an army of contact tracers to figure out the origin of every single case, one would be hard-pressed to show exactly where they were exposed to the virus. Since the burden of proof is on the person filing for benefits, it is a heavy lift to meet this requirement. However, it is not impossible to show that it is more likely than not that you contracted COVID-19 while at work.

In the past, New Jersey has required a level of proof that means the claimant must show it is “more probable than not” that they contracted a virus or disease at work. This is a lower standard than the “beyond a reasonable doubt” that is necessary in a criminal case. However, this is still not an easy burden to meet as a Morristown workers’ compensation lawyer would advise you. One example of this is an old case in which the claimant was a groundskeeper at a country club. On appeal, the court looked at where he went during his job and compared the time he spent in the grass at work to the time he spent gardening at home in finding that he qualified for workers’ compensation benefits.

A Pending Bill May Help

The good news is that help may be on the way for some New Jersey employees who have gotten COVID-19 at work. There is a bill pending in the New Jersey State Senate that would give a presumption that certain employees who got coronavirus contracted it while on the job. The key is that the employee is considered an “essential worker” based on the definition in the legislation. For instance, public safety workers already have a presumption that they contracted COVID-19 while at work.

Here, essential workers include many different types of employees. The legislation would cover health care workers as well as employees in the private sector who perform functions that are “essential to the public’s health, safety, and welfare.” In addition, anyone who Governor Murphy has declared essential for purposes of not having to follow the stay-at-home order would receive benefits. This includes grocery store clerks and retail workers.

If you have contracted COVID-19 and believe that it happened at work, contact a Morristown workers’ compensation lawyer like Gregg A. Wisotsky, Esq. Call our office today at (973) 898-0161 to schedule your initial consultation.

COVID-19 and Your Personal Injury Case

May 29, 2020 by Gregg Wisotsky, Esq. Leave a Comment

How COVID-19 Affects Your Personal Injury Claim

The courthouses in all 21 New Jersey counties are currently closed due to the pandemic. You may be wondering how that impacts your personal injury case. As you will see below, even though some things have been changed or put on hold, for the most part, your case continues to proceed through the legal system.

Discovery

In many cases, discovery is still able to continue even though the courthouses are closed. While you may think of discovery as consisting only of face-to-face depositions, the truth is that much of discovery is document and other information requests. The parties can still engage in this at any time since no physical presence is required to conduct much of discovery.

When it comes to depositions, nearly all in-person meetings have come to a halt right now during COVID-19. Attorneys are having to change how they conduct depositions if they want to hold them at all during this time. There is the possibility of video depositions, but it does require some advanced planning since documents often need to be shown to the witness during the deposition. The deponent may even have to be alone during the deposition and in a different location than the court reporter. However, it is theoretically possible to move cases forward during this time.

Statute of Limitations

The courthouse is physically closed for trials at this time, but the statute of limitations for your personal injury case continues to run. You may still submit filings to the court by email and regular mail, so this is not a situation where it is impossible to present your complaint.

Courts are very strict about the time limits for filing a lawsuit. When it comes to the statute of limitations, late is late with very few exceptions. If you miss the deadline, you will forever give up the right to sue for your claim. If you have had an accident in recent days, the time clock to file your case also starts from the date of the accident as opposed to when the courthouse physically opens. There is no allowance for any delays caused by coronavirus.

Working With Your Attorney

Your Morristown personal injury lawyer is open for business right now. Even if we cannot physically see you, our virtual offices are open all the time. You should know that advances in technology have made the practice of law independent of a physical office.

While we may not be able to see you in person for some time, you can reach us at any time to discuss your case. We can even exchange documents with you and continue to investigate your case during this time. Your attorney is still completely engaged with your case even if he is working remotely.

Civil Trials

Unfortunately, if you were scheduled to have a civil trial during this time, you have been informed that the case is postponed indefinitely. We wish that we could give you a clearer answer about when your trial will take place, but it is dependent on when the courts reopen and how individual judges manage and prioritize their dockets. When your actual case will be held depends on several factors, many of which are beyond your control.

Filing Deadlines

However, you should know that the figurative wheels of justice are still turning at this time. Chances are that you may have filing deadlines in your case when an answer or a motion may be due. Judges are still requiring the parties to still advance their cases during this time. Some judges may give some flexibility to the parties depending on the circumstances that they face. Judges may even have telephone calls with the attorneys in the case to discuss matters. In other words, just because there are no trials does not mean that your case does not proceed.

Contact Morristown personal injury lawyer Gregg A. Wisotsky, Esq. to learn more about how the pandemic will affect your personal injury case. You can reach us at (973) 898-0161 to set up your initial consultation.

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