With the holidays coming up, many of us will be on the road to visit friends and family.  Every driver has faced the quandary of what to do when the green traffic light up ahead shifts to yellow while you are at speed: do you speed up to make it through before it turns red, or slam on the brakes in an attempt to stop before entering the intersection?  “Rules” regarding what drivers are supposed to do are often stated by back seat drivers with great authority, but on what basis? What is the real story on yellow lights in New Jersey? 

      When questioned, most drivers understand the basic gist of what the different colors in a tri-color light are meant to communicate.  Most people will give some variation of “green means go,” “red means stop,” and yellow means “slow down” or “caution.”  Under the law, however, yellow means “stop.”  Specifically, it means “stop before entering the intersection or nearest crosswalk, unless when the yellow appears the vehicle or street car is so close to the intersection that with suitable brakes it cannot be stopped in safety.”[1]
     
​      That definition still seems to leave some wiggle room though, doesn’t it?  What constitutes being so close to a changed light that a driver cannot safely stop?  And what if your brakes prove to be “unsuitable” for stopping within that distance?  Under New Jersey statute, when travelling at 20mph, 50 feet is considered a safe distance to stop.  There is little case law on this point however, thus drivers are well-advised to abide by the maxim that yellow means stop, unless it would be unsafe to do so. 

      If you receive a traffic ticket for running a light and believe that you were not able to stop safely, then you may want to contact a lawyer to argue your case, especially if you have prior moving violations.  Violating a traffic statute can result in a fine from $50-$400, depending on the circumstances under which the violation occurred.[2]  Such violations also carry a risk of up to 15 days in jail![3]  It also results in two motor vehicle points and two insurance points.[4]  However, if the violation causes you to have an accident, it will result in five insurance points if the insurer pays out more than $500. 

                                                                          Special Circumstances
Blinking yellow lights: A blinking yellow light means “proceed only with caution.”  Proceeding in an incautious manner could result in an unsafe or careless driving citation. 

Broken traffic light:  If a traffic light is not working, then the driver must behave at that intersection the same way they are obligated to if there is a stop sign.[5]

Funeral Processions: Funeral Processions must yield to traffic lights in accordance with the law and being part
of a funeral procession is not a defense to running a red light or improperly observing an yellow light.[6]


[1] N.J.S.A. 39:4-105. 

[2] N.J.S.A. 39:4-203. 

[3] N.J.S.A. 39:4-203

[4] N.J.A.C. 13:19-1; N.J.A.C. 11:3-34-5.  

[5] N.J.S.A. 39:4-81. 

[6] Pohi v. Topal, 156 N.J. Super. 27 (App. Div. 1978).  

If you are a contractor doing business in NJ, you are probably already aware of the bevy of regulations to which you are subject, including registration under the Contractor’s Registration Act.  N.J.S.A. 56:8-136, et seq.  In addition, you probably know that all work exceeding $500 must be agreed to in a written contract.  In fact, failure to have a written contract for work exceeding $500 severely complicates a contractor’s ability to collect payment for work completed, even if it was done perfectly.  Compliance with these regulations is critical because failure to comply can subject the contractor to severe penalties beyond just an inability to collect payment for work done. 

Did you know that even a mere technical violation of the regulations can subject you to treble (triple) damages and responsibility for the plaintiff’s attorney’s fees under the Consumer Fraud Act (“CFA”)?  In fact, the homeowner does not even have to prove that they suffered an actual loss- a technical violation is sufficient!  In BJM Insulation and Construction, Inc., 287 N.J. Super. 513 (App. Div. 1996), the appellate division held that incurring attorney’s fees alone are sufficient to prove an ascertainable loss under the CFA.  Furthermore, under Cox v. Sears Roebuck and Co., 138 N.J. 2 (1994), the award of attorney’s fees and treble damages to a plaintiff who proves a violation of the CFA is mandatory.  The judge does not have the discretion to lower the damages. 

If this seems punitive, it’s because it was intended to be!  NJ legislators have created an extensive regulatory framework to protect homeowners from unscrupulous contractors.  So, how do you protect yourself and your business from accidental technical violations under the CFA? 

A Contract That Complies with Regulations

The easiest way to shield yourself and your business from attacks for technical violations of contractor regulatory law is to comply!  A well-crafted contract can maximize compliance with contractor regulations, foster good relations and trust with your clients, maximize your likelihood of collecting timely payment, and minimize the chances of litigation.

To comply with regulatory requirements, the contract must detail specific pieces of information.  Some of the information that must be provided is:

·         The name and legal address of the contractor and the person or agent who negotiated the contract for the contractor

·         The contractor registration number

·         A description of the work that will be completed

·         The timeline in which the work will be completed and the date on which work will commence

·         Detailed information about the primary products and materials that will be used

·         The total price, including any finance charges

·         The hourly rate for labor, if applicable

·         Information concerning any warranties provided by the contractor

·         The contact number for the Department of Community Affairs

·         Specific language concerning the client’s right to terminate the contract

This is all in addition to documentation that must be provided to the client, including the warranties of any products used and the certificate of Commercial General Liability along with the insurance company’s phone number.  Some of this information must be in a specific place on the contract (e.g., first page) and in specific type print.

However, just because there are a plethora of regulations that must be included in the contract, doesn’t mean that the contract cannot also work for you as the contractor.

A Contract That Protects You

A professionally drafted contract can comply with NJ regulations and protect you from litigation while optimizing your likelihood of collecting payment for the work you and your company perform. 

The contract can set forth specific terms of payment that are beneficial for your company.  In addition, you can include an arbitration clause that encourages alternative dispute resolution, which will often lead to faster and more economical resolution of any conflicts that do arise between you and your client.  Specific language can also be included to ensure that unexpected implied warranties are not included within the scope of work you provide to the client. 

A well-crafted contract is an investment in your business.  It can ensure regulatory compliance and make it easier for you to collect payments for work you perform.  Contact our offices today to ensure your contracts are working for your business! 

Dashcams in police vehicles have had a dramatic effect on several high profile cases in NJ.  In February 2014, dashcam footage exonerated a Bloomfield man who was facing a 5 year sentence in prison and instead led to the indictment of two Bloomfield police officers who had falsified evidence against him.[i] In January 2015, dashcam footage of a fatal encounter between Bridgeton, NJ police officers and a man as he exited his car with his hands in the air became national news.[ii]  The Bridgeton police department released the video pursuant to a media request made under NJ’s Open Public Records Act (“OPRA”). 

OPRA ensures public access to government records unless they fall within specific exceptions.  Most litigation surrounding OPRA concerns whether a requested item constitutes a “record” and whether it falls within one of the exceptions. For more background on OPRA and some of its exceptions, click here. 

The question of whether police vehicle dashcam footage must be provided pursuant to OPRA has been a hot topic in the NJ Legal system.  Last summer, a NJ Superior Court ruled that dashcam footage from police vehicles must be produced under OPRA, and does not fall into any exceptions enumerated by the statute.  In that case, Paff v. Ocean County Prosecutor’s Office, the state had argued that the dashcam video could not be made available to the public because it was part of an ongoing investigation.  The judge rejected this argument, finding that because the dashcam is kept in the normal course of business, and not specifically as part of an investigation, it qualifies as a record and the investigation exception did not apply.[iii] 

In another Superior Court case from earlier this year, North Jersey Media Group v. Lyndhurst et al., a judge in Bergen County ordered the immediate and unredacted release of footage related to a case where a black man was shot and killed by police officers after allegedly ramming his SUV into the police vehicles.  Once again, the government argued that the footage did not have to be released because it fell into the criminal investigation exception of OPRA.  However, Judge Peter Doyne flatly rejected the state’s arguments, noting that “[p]olice interaction with the public is now under national review,” and finding that “[i]n the shadow of numerous incidents and subsequent protests surrounding killings of African American men by police officers, the public interest is in being informed of details of such an incident.”[iv]   

Other states have taken a similar approach to dashcam footage.  Recently, a law firm was awarded more than $40k in legal fees[v] in Oklahoma after the appellate court found that the city unlawfully withheld the footage in violation of Oklahoma’s public record act.[vi] 

Though the NJ appellate division has not yet considered whether dashcam footage must be released to the public under the Open Public Records Act, its decision and reasoning will almost definitely be in line with the NJ Superior Courts that have already decided that dashcam footage is a public record that must be produced under OPRA.  Additionally, as bodycams become more prevalent, that footage is likely to become discoverable under OPRA under the same line of reasoning. 

This has implications for not just high-profile cases where the media requests dashcam footage, but may also affect how successfully people are able to challenge moving violations.  This especially true in cases where there is an element of subjectivity to the violation, such as careless or reckless driving.  As it stands, litigants should be able to access such footage under municipal court discovery rules, but having OPRA available as an alternative way to get the footage will impose stricter deadlines upon municipalities to comply.  Additionally, OPRA provides municipal litigants with a specific form of redress to ensure compliance and even get attorney’s fees if municipalities wrongfully withhold public records. 

If you need legal guidance concerning your information requests to local or state government, contact the Law Offices of Dana Wefer to learn what recourse may be available to you.   


Sources 
[i] http://www.nj.com/essex/index.ssf/2015/01/bloomfield_cops_lose_bid_to_dismiss_official_misco.html
[ii] http://www.cnn.com/2015/01/22/us/bridgeton-police-shooting/
[iii] http://ogtf.lpcnj.org/2014/2014165PW/PaffvOCP.pdf
[iv] http://www.judiciary.state.nj.us/decisions/North%20Jersey%20Media%20Group%20Inc.%20v.%20Lyndhurst,%20BER-L-19048-14.pdf
[v]http://newsok.com/police-dashcam-videos-are-open-records-oklahoma-appellate-court-rules/article/3840638/?page=1
[vi]http://newsok.com/police-dashcam-videos-are-open-records-oklahoma-appellate-court-rules/article/3840638/?page=1

What is the Open Public Records Act?

The Open Public Records Act (“OPRA”), N.J.S.A. 47:1A-1 et seq., ensures public access to government documents.  Under OPRA, a government entity must provide all requested documents to the public unless they fall under one of the 24 statutorily enumerated exceptions.  Most litigation surrounding OPRA concerns whether documents a government agency is seeking to withhold actually fall under an exception. 

What is a Record?

OPRA defines the word “record” very broadly.  It includes papers, books, maps, electronic documents, audio tapes, and other documents or things that are made, kept on file, maintained or received by the government or government officials in their official capacity.  The word “record” does not include advisory materials shared within or between government agencies, consultative or deliberative materials. 

What Types of Documents are Exempted from OPRA?

OPRA exceptions generally fall under two categories: citizen privacy and state security. For example, information or documents that a constituent sends a legislator cannot be obtained under OPRA.  Medical examiner records are also exempted from OPRA to protect the privacy of the deceased and their families, but may still be obtained for research, use by law enforcement and use in criminal proceedings.  Academic information, such as school records, also fall outside of OPRA’s scope. 

Security exceptions include physical security, such as information that would jeopardize the safety of a building, as well as technical security.  Notably, to qualify under a security exemption, the specific documents sought must be such that if they were released, security would actually be jeopardized.  The state cannot simply withhold something because it relates to building or computer security. 

Other exemptions include information that would give an advantage to bidders and information that relate to risk management.