Significant Developments in NJ Law

“Stalker Lidar" (Laser Radar) has not been proven to be scientifically reliable (11/9/10)

The Appellate Division of the Superior Court ruled that the laser speed-measuring device known  as the "Stalker Lidar" has not been proven to be scientifically reliable in New Jersey. The Court noted that although laser devices are generally accepted in the scientific community, in this case, there was no evidence as to the internal workings of the device.

According to the Court:"We do not know whether the accuracy of the Stalker Lidar device has been established through independent testing. In short, the device has not been established as scientifically reliable in New Jersey. As a consequence, it may not be used in the trial courts as proof of speed until its accuracy has been established[.]"

Seatbelts required for rear seat passengers (5/31/10)

The Legislature has amended the provisions of New Jersey's seatbelt law under NJSA 39:3-76-2(f) and (g) to require that all occupants of a passenger automobile, including adults who are seated in the rear utilize a seatbelt when the vehicle is being operated. Under the prior law, adults seated in the rear of a passenger automobile were not required to utilize a seatbelt.

As far as enforcement is concerned, a companion new statute, NJSA 39:3-76.2(n) categorizes seatbelt violations as secondary offenses, meaning that police must detain the vehicle for a different violation before issuing a summons and complaint for this offense.