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WHAT WERE YOU
CHARGED WITH?
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New Jersey Criminal Lawyer
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Cherry Hill, NJ 08002
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New Jersey Criminal Law Article By Jeffrey
Hark, Esq.
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HARK & HARK
Hark & Hark
1101 ROUTE 70 WEST
CHERRY HILL, NJ 08002
856-354-0050
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 Taverns
Beware
On April 29, 2010 the
New Jersey
Appellate Division
decided in
the case of Voss v. Tranquilino,
that a
guilty plea or conviction at trial for a DWI
does not bar the intoxicated driver
from filing a dram shop suit against the
tavern that served him
execssive
intoxicating liquor.
The court addressed the
conflict between a statutory bar for a
person convicted of DWI from suing for pain
and suffering and economic damages and New
Jersey's Dram Shop statute which allows
individuals who have been injured as a
result of patrons served too much alcohol
and then caused Motor vehicle accidents.
The court found that although
the New Jersey insurance statute
provides that a driver
of a motor vehicle who is convicted of or
pleads guilty
a DWI in connection with an accident
"shall have no cause of action for recovery
of economic or noneconomic loss sustained as
a result of the accident." The issue
of the
appeal is whether this statutory
provision bars a dram shop claim by an
intoxicated motorist against a liquor
licensee that allegedly served him alcoholic
beverages when he was visibly intoxicated
prior to the motor vehicle accident.
Although a literal reading of the statute
suggests that all claims are barred, we
reach a contrary conclusion. We hold that
N.J.S.A. 39:6A-4.5(b) does not bar a dram
shop claim because (1) the purpose of the
statute is to reduce automobile insurance
premiums and its scope should be limited
accordingly to losses that are subject to
coverage under Title 39; (2) an
interpretation barring dram shop claims
would unjustifiably constitute repeal by
implication of a portion of the New Jersey
Licensed Alcoholic Beverage Server Fair
Liability Act, N.J.S.A. 2A:22A-1 to -7,
commonly referred to as the "Dram Shop Act";
and (3) immunizing liquor licensees from
liability in such circumstances would be
inimical to the policy of this State of
curbing drunk driving.”
IF YOU WANT TO SCHEDULE AN
APPOINTMENT, I WOULD BE HAPPY TO
MEET WITH YOU ANYTIME.
Sincerely,
Jeffrey Hark
Hark & Hark
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