CNJ+ September 2023

SEPTEMBER 2023 As most citizens of New Jersey know, municipal prosecutors will, generally, as a matter of course offer a “no point” or “zero point” violation as part of a plea bargain if you are charged with one of these low-level motor vehicle violations. The monetary cost of these “no point” or “zero point” violations are rather excessive in that you are required to pay a $250.00 surcharge for this “privilege.” The statute which provides this “no point” plea is called the unsafe driving statute. The basic theory in accepting a “no point” or “zero point” plea bargain is to potentially avoid motor vehicle points on your license in order to keep your auto insurance premiums lower and, potentially, to avoid the suspension of your driving privileges where you are in danger of accumulating 12 motor vehicle points which will result in a temporary suspension of driving privileges. However, it should be pointed out that there are a number of situations in which your acceptance of such a “no point” or “zero point” plea bargain may adversely affect your rights without your knowledge. One such situation is where you have already previously pled guilty to unsafe driving on more than one occasion. Your third guilty plea to unsafe driving within a certain period of time will subject you to four motor November 2022 Accordingly, while it is a good idea to review your insurance coverages on a regular basis with a qualified insurance agent or broker, you should always be cognizant of the amount of your automobile coverage and homeowners’ coverage in relation to the amount of assets you intend to protect. Importantly, regardless of the amount of assets you presently have, a judgment against you arising out of your negligent acts may last for 20 years or more and, therefore, assets which you accrue in the future may also be in jeopardy. So, regardless of the level of your present assets, it may be a good idea to protect your future with such “umbrella coverage.” Should you have any questions concerning this article, please feel free to contact my office or, alternatively, immediately discuss these issues with a qualified insurance agent or broker. Certified by the Supreme Court of New Jersey as a Civil Trial Attorney Member of New Jersey and New York Bars JOHN T. BAZZURRO, Esq. JARED SPARNROFT, Esq. 200 Meco Drive, Millstone Twp., NJ jtbazzurro@bazzurrolaw.com • BAZZURROLAW.COM DO YOU NEED A LAWYER IN MUNICIPAL COURT? BY JOHN BAZZURRO As indicated on our website, there are numerous charges that are heard in the Municipal Courts in the State of New Jersey. These range from low level motor vehicle violations such as going through a stop sign, careless driving, failure to maintain your lane and other charges that generally carry very low fines and two or less motor vehicle points. If you have been charged with any motor vehicle violation that carries more than two motor vehicle points upon a conviction, we suggest that you obtain the advice of counsel before going to court. The purpose of this article is to provide the reader with some information as to whether or not they need legal representation in Municipal Court on a low-level motor vehicle violation that carries two or less motor vehicle points. In one case, my client was significantly injured in a motor vehicle accident with a 17-year-old boy who had only recently received his drivers’ license. The automobile insurance policy on the young man’s vehicle had policy limits of $250,000.00 for the benefit of parties injured as a result of the negligent operation of the vehicle. The young man and his family live in a large home in an upper class Township within Monmouth County and, as such, it would seem that he and his family would have a reason to protect their assets over and above the $250,000.00 policy limits of their automobile insurance. Unfortunately, they did not have additional insurance coverage and, as such, given the significant nature of my client’s injuries, their personal assets could now be in jeopardy in the litigation. In another case, a client of mine caused a significant accident in which a number of people were injured. Although I only represented her on the traffic tickets she received, both her and her husband inquired as to whether or not it was likely that they were going to be sued for personal injuries arising out of the accident. Similar to the family above, my client and her husband only had automobile insurance with $300,000.00 in policy limits to cover the injuries sustained by the other individuals involved in the accident. The client’s husband was a medical professional and, once again, had significant assets over and above the $300,000.00 policy limits which he and his wife should have protected. When I asked them if they had “umbrella coverage” to further protect them, they did not know what it was. At a minimum, if you own a home and an automobile, you should have an automobile insurance policy that protects you against injuries you cause in a motor vehicle accident as well as homeowners’ insurance which protects you against injuries caused by you and your resident family members for negligent acts (other than an automobile accident) that cause injuries to others. All homeowners’ insurance policies contain an “automobile exclusion” for which the homeowners’ policy will not cover injuries to others as result of the operation of an automobile. If either of these policy limits are insufficient to “pay for” the injured parties’ injuries, “umbrella coverage” is intended to supplement your policy limits. Typically, “umbrella coverage” is purchased to supplement the above referenced automobile insurance policy limits and homeowners’ coverage policy limits; often at a reasonable rate. Such “umbrella coverage” is utilized and necessary to protect assets when your assets are greater than the policy limits afforded by either your homeowners’ policy or motor vehicle policy. Unlike homeowners’ coverage, “umbrella coverage” does not contain an “automobile exclusion” and, as such, would be available to supplement automobile insurance coverage in the two scenarios described above. MAY 2023 premiums lower and, potentially, to avoid the suspension of your driving privileges where you are in danger of accumulating 12 motor vehicle points which will result in a temporary suspension of driving privileges. However, it should be pointed out that there are a number of situations in which your acceptance of such a “no point” or “zero point” plea bargain may adversely affect your rights without your knowledge. One such situation is where you have already previously pled guilty to unsafe driving on more than one occasion. Your third guilty plea to unsafe driving within a certain period of time will subject you to four motor vehicle points when you may be under the mistaken belief that you will not be receiving any motor vehicle points. Another such situation where you potentially will need legal representation is where the low-level motor vehicle violation is the result of a motor vehicle accident. The bottom line is that, regardless of what type of motor vehicle violation you are charged with, you should seek the advice of an attorney before appearing in Municipal Court by yourself and entering into a plea bargain which may subject you to other legal ramifications of which you were not aware. Typically, when we receive a call for a motor vehicle violation, we initially attempt to obtain as much information as possible from the potential client to determine whether or not they will require legal representation given their individual circumstances. Accordingly, please feel free to contact us to discuss your individual situation to determine whether or not legal representation is required. DO YOU HAVE UMBRELLA COVERAGE? By John Bazzurro Over the past several weeks, I have had two unfortunate situations that have arose in my practice that have prompted me to write this article concerning something called “umbrella coverage.” Despite its name, this type of insurance coverage has nothing to do with protection from weather events. As will be seen below, “umbrella coverage” is another layer of insurance coverage that is recommended in order to properly protect you and your family against judgments and lawsuits arising out of your negligence or the negligence of a family member within your household. Certified by the Supreme Court of New Jersey as a Civil Trial Attorney Member of New Jersey and New York Bars JOHN T. BAZZURRO, Esq. JARED SPARNROFT, Esq. 200 Meco Drive, Millstone Twp., NJ jtbazzurro@bazzurrolaw.com • BAZZURROLAW.COM

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Dr. Wayne A. Aldredge Advanced Treatment of Gum Disease and Loose or Missing Teeth Large Firm Representation With Personal Attention I CAN SAVE YOUR TEETH 28 CNJ+ | FORMERLY THE MILLSTONE TIMES Certified by the Supreme Court of New Jersey as a Civil Trial Attorney Member of New Jersey and New York Bars Jared Sparnroft, Esq. 200 Meco Drive, Millstone Twp., NJ Email: jtbazzurro@bazzurrolaw.com 732-410-5350 • www.bazzurrolaw.com 999 Palmer Ave Suite 1 Holmdel, NJ 07733 www.isaveteeth.com Call Today for a Consultation! 732-671-7100 Certified by the Supreme Court of New Jersey as a Civil Trial Attorney Member of New Jersey and New York Bars Jared Sparnroft, Esq. 200 Meco Drive, Millstone Twp., NJ Email: jtbazzurro@bazzurrolaw.com 732-410-5350 • www.bazzurrolaw.com Dr. Wayne A. Aldredge is a Board Certified Periodontal Specialist Periodontics & Implant Dentistry Dental Implants (All-on-4® ) One-Visit Gum Correction (Pinhole®) Advanced Laser Treatment (LANAP®) Gum and Bone Restoration Second Opinions AREAS OF PRACTICE: • Municipal Court Practice, Including Defense of DWI, Traffic Tickets and Non-Indictable Offenses • Workers Compensation • General Civil Litigation • Employment Law • Residential and Commercial Real Estate Transactions • Personal Injury • Motor Vehicle Accidents • Nursing Home Neglect • Wills Board Certified * Comfort Focused * Sedation Available

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