Starkey, Kenneally, Cunningham, Turnbach, Yannone & WeatherstoneOcean County Personal Injury Attorney | Toms River NJ Accident Lawyer | Monmouth County2026-11-10T20:12:57Zhttps://www.starkeykelly.com/feed/atom/WordPressby Starkey, Kenneally, Cunningham, Turnbach, Yannone & Weatherstone<![CDATA[What happens after a minor’s shoplifting charge in New Jersey?]]>https://www.starkeykelly.com/?p=485152026-11-10T20:12:57Z2026-11-10T20:12:57ZWhat charges does a minor face?
Under New Jersey law, shoplifting charges depend on the value of the goods involved. In New Jersey, theft of goods worth less than $200 generally falls under the disorderly persons category. Goods worth $200 to $500 fall under a fourth-degree crime. Higher values may lead to more serious charges.
These grades apply to adult offenses. Minors usually face juvenile delinquency proceedings rather than adult criminal convictions. Police may release a minor to a parent or guardian after issuing a complaint. Some cases may require a court appearance.
How does the juvenile court system work?
New Jersey's juvenile courts focus on helping minors learn from their actions while holding them accountable. Some cases may qualify for diversion or informal review instead of formal court proceedings.
Possible outcomes include:
Diversion: May allow a minor to resolve the case outside formal court hearings.
Counseling: May address behavior or personal concerns.
Community service: May require unpaid work for the community.
Restitution: May require payment for losses caused by the offense.
Court supervision: May involve regular check-ins and set rules.
These outcomes depend on the alleged offense, the minor's history and court rules.
Can the record be cleared?
New Jersey law generally limits public access to juvenile records under N.J.S.A. 2A:4A-60. However, courts, police and certain authorized parties may still access them.
Eligible individuals may seek expungement under N.J.S.A. 2C:52-4.1. Eligibility depends on the offense, waiting periods, later violations and other legal requirements. A juvenile record does not disappear simply because the case ends.
What steps help protect a minor's future?
Parents should review court notices, keep relevant records and learn whether diversion may be available. A New Jersey juvenile defense attorney can explain the charges, review the evidence and assess possible outcomes. Early legal advice may help families make informed decisions and understand how the case could affect the minor's record.]]>On Behalf of Starkey, Kenneally, Cunningham, Turnbach, Yannone & Weatherstone<![CDATA[What to expect with an ignition interlock device in New Jersey]]>https://www.starkeykelly.com/?p=484902026-10-15T10:57:34Z2026-10-15T10:57:34ZHow the ignition interlock device works
An ignition interlock device is a breath-testing unit wired into your vehicle. Before the engine starts, you must give a breath sample that falls below the device's set alcohol limit.
Only state-approved vendors can install these systems, and New Jersey's breath alcohol device requirements outline that approval process.
Approved devices require more than one clean test
The first breath sample may not be the only one required during a trip. Approved interlock devices require rolling retests while you are driving to confirm that you have not consumed alcohol after the vehicle starts.
Problems that can lead to violations include:
Missing a rolling retest
Failing a breath test
Missing a scheduled service appointment
Tampering with the device
These issues can lead to device lockouts, additional penalties or an extended interlock period.
Compliance determines when the device can be removed
You will generally need regular service visits so the vendor can calibrate the device and report compliance data. If you miss those appointments or ignore a malfunction, the problem can delay removal of the device or lead to added court penalties.
License restoration issues like these often overlap with broader DWI defense concerns, especially when the court order ties driving privileges to strict device compliance. If you are working through license restoration after a DWI conviction, a New Jersey DWI attorney can review the order and explain what could extend the interlock period.]]>On Behalf of Starkey, Kenneally, Cunningham, Turnbach, Yannone & Weatherstone<![CDATA[Who pays for your injury in an Uber/Lyft accident?]]>https://www.starkeykelly.com/?p=484852026-10-13T06:03:23Z2026-10-13T06:03:23ZWhat does the law say?
Uber or Lyft usually gives coverage to the passengers or other parties who get injured in an accident. However, the coverage largely depends on the driver's app status during the accident. If a driver was using the app but was not accepting any rides, state law requires lower minimum liability coverage. During this phase, required coverage includes at least $50,000 for each individual person and $100,000 in total per accident for bodily injury or death. It also mandates a minimum of $25,000 to cover property damage, along with personal injury protection benefits. Coverage increases significantly during an active trip. In that phase, New Jersey law requires at least $1,500,000 for death, bodily injury and property damage.
When may you not get coverage?
If the driver's app was completely off during the crash, commercial insurance does not apply. In this situation, your own Personal Injury Protection (PIP) coverage would typically be your first source of recovery for medical expenses. If the driver was at fault and your damages exceed your PIP limits, you may have additional options, including a liability claim against the driver's personal auto policy, depending on whether your injuries meet New Jersey's lawsuit threshold requirements. Complications can also arise if the driver's insurance coverage lapses before the collision.
How an attorney may help
Because New Jersey is a no-fault state, getting fair compensation can feel confusing. An experienced auto accident attorney can review your personal injury claim and help you identify the right insurance coverage. They can also negotiate on your behalf to seek a better outcome.]]>On Behalf of Starkey, Kenneally, Cunningham, Turnbach, Yannone & Weatherstone<![CDATA[How many points does it take to lose your New Jersey license?]]>https://www.starkeykelly.com/?p=483582026-09-24T17:53:43Z2026-09-24T17:53:43ZThe points system and what it means for your finances
Every moving violation in New Jersey adds a set number of points to your driving record. Those points accumulate and once you reach 12, the state suspends your license. The agency will notify you of your scheduled license suspension via mail.
Even if you do not reach the 12-point suspension threshold, you will already start to feel the financial consequences at six points. The state department charges a surcharge of $150 per year for drivers who accumulate at least six points within a three-year period.
Moreover, there’s also an extra $25 surcharge for each point beyond six. That financial burden stacks on top of any fines you already paid for the original violation.
Common violations and their point values
Different offenses carry different point values. The most points you can get for one violation is eight points for disappearing after an accident that led to injury. Other common and higher-point violations include:
Improper passing: Four points
Speeding: Between two to five points, depending on speed
Driving the wrong way on a one-way road: Two points
Reckless driving: Five points
Tailgating: Five points
Improper right or left turn: Three points
Running a red light: Two points
For traffic violations out of state, you will still get two points added against your New Jersey license.
Available options when facing license suspension
Fortunately, options exist to bring your total down before or even after you reach 12 points. Completing an approved driving course or program can remove up to three points, but there are limitations and conditions.
The Driver Improvement Program for experienced drivers is available in lieu of the suspension and can deduct up to three points. The Probationary Driver Program works similarly but for new drivers and comes with a two-year probationary period.
Meanwhile, finishing approved defensive driving courses are a voluntary option that can deduct two points off driving records. However, this offer is only available once every five years.
Preserving your driving privileges
Traffic violations might seem minor at first, but if you depend on your car to get to work or handle daily responsibilities, losing your license creates significant life disruption.
Staying aware of your point total and addressing violations promptly makes a real difference. If you're approaching that 12-point mark or already facing suspension, consulting with a lawyer can help you explore your options and potentially save your license.]]>by Starkey, Kenneally, Cunningham, Turnbach, Yannone & Weatherstone<![CDATA[What happens if a teen gets caught drinking at a party?]]>https://www.starkeykelly.com/?p=483562026-09-23T18:44:47Z2026-09-23T18:44:47ZImmediate legal consequences
New Jersey’s underage drinking laws carry real penalties, even for a first offense. Depending on the circumstances, an officer may handle the situation at the scene or involve a parent or guardian before the night is over. If the offense occurs in a public place, such as a park, beach or other location open to the public, N.J.S.A. 2C:33-15 may apply. A first offense under that statute carries a mandatory six-month suspension of driving privileges, regardless of whether a vehicle was involved.
Additional penalties may include:
A monetary fine
Community service hours
Mandatory participation in an alcohol education program
Whether this statute applies depends on where the incident occurred. A private residence may fall under a different legal provision, and an attorney can advise which law applies based on the specific circumstances.
How New Jersey's juvenile court handles underage drinking
New Jersey generally handles underage drinking cases involving teens under 18 through the juvenile justice system. The process may start with an intake service conference to review the charges. A teen may qualify for diversion, which can require classes or community service. Completing the program may lead to dismissal, while noncompliance can result in a formal hearing. The process may involve several possible outcomes:
Diversion: The teen may be required to complete counselling, community service or other conditions set by the court officer.
Dismissal: Completing all requirements successfully may result in dismissal of the charges, subject to court approval.
Noncompliance: Failure to meet the requirements may trigger a formal hearing before a judge.
Adjudication: A formal finding may result in delinquency adjudication, not a criminal conviction.
Record: A delinquency adjudication may still create a juvenile record, which requires a separate expungement petition to seal.
New Jersey treats people 18 or older as adults. These cases typically go to municipal court, where the process and potential consequences differ.
What to do after an underage drinking charge
An underage drinking charge does not automatically define a teen's future. Diversion programs offer a path toward keeping the record clear, but those options are most accessible when families act early. Consulting with a New Jersey juvenile defense attorney can help clarify which options apply and how to respond before the process advances.]]>On Behalf of Starkey, Kenneally, Cunningham, Turnbach, Yannone & Weatherstone<![CDATA[Can out-of-state drivers fight New Jersey traffic tickets?]]>https://www.starkeykelly.com/?p=483312026-09-04T11:43:39Z2026-09-04T11:43:39ZA New Jersey ticket can still create problems across state lines
Living in another state does not prevent a New Jersey ticket from affecting the driver’s record or license. A traffic conviction may be reported to the state that issued the driver’s license. That state may then determine what consequences, if any, apply under its own laws. Depending on the driver’s home state, a reported conviction may affect driving record points, insurance rates or other licensing consequences. Basic information about how New Jersey municipal court works can explain the local process.
What can an out-of-state driver challenge?
A nonresident motorist may be able to challenge the officer’s observations, the legal basis for the stop or the charge itself. In some cases, the driver may also be able to seek a negotiated reduction. In others, the focus is on avoiding a result that may create more serious consequences after the case is reported in their home state. Issues may include:
The legal basis for the stop
The accuracy of the ticket
The possibility of a reduced charge
The need to appear in person
The risk of points or license consequences where the driver holds a license
The result can affect both the New Jersey case and the driver's record at home.
Why the home state consequences matter
A New Jersey conviction may affect the driver’s record after the municipal court case is resolved. Traffic cases in municipal court require a close look at the charge and the likely interstate effect before the driver accepts a result. A lawyer can review the allegation and the likely consequences before accepting a disposition that could affect the driver’s record in their home state.]]>On Behalf of Starkey, Kenneally, Cunningham, Turnbach, Yannone & Weatherstone<![CDATA[Can you transport a handgun in your car under New Jersey’s gun laws?]]>https://www.starkeykelly.com/?p=483302026-08-24T21:20:05Z2026-08-24T21:20:05ZThe baseline rule: unlawful possession of a handgun
Under state law, possessing a handgun in a vehicle without a valid New Jersey Permit to Carry Firearms is a second-degree crime. A second-degree conviction carries a potential sentence of 5 to 10 years in state prison. Under the Graves Act, unlawful handgun possession also carries a mandatory minimum prison term with a period of parole ineligibility.
Statutory exemptions for transporting without a permit
New Jersey law provides narrow exemptions that permit handgun transport without a carry permit between specific authorized locations, such as:
Between your home and a licensed firearms dealer
Between your residence and a shooting range, hunting site, or gunsmith for repair
Between one residence or place of business and another
These exemptions require that the trip be direct. Incidental stops like purchasing fuel are generally permitted, but extended deviations or unnecessary stops can invalidate the exemption.
Storage requirements under state law
Even when traveling between authorized locations, the handgun must be stored properly:
Completely unloaded with no ammunition in the chamber or attached magazine
Enclosed in a securely fastened case or locked in the trunk
Inaccessible from the passenger compartment; if the vehicle has no separate trunk, the firearm must be in a locked container other than the glove compartment or console
Keeping ammunition separate from the firearm is also strongly recommended as a matter of safe transport practice.
Out-of-state drivers and the Firearm Owners Protection Act
New Jersey does not recognize out-of-state carry permits. Out-of-state travelers may rely on the Firearm Owners Protection Act only if the trip begins and ends in states where possession is lawful, the firearm is unloaded and inaccessible, and the traveler passes through New Jersey without extended stops. Using New Jersey as a destination or making non-essential overnight stays eliminates FOPA protection.
If you are facing handgun charges
Vehicle stops regularly lead to weapons charges when firearms are improperly stored. A criminal defense attorney in Ocean County can evaluate the circumstances of your stop and advise you on available defenses.]]>On Behalf of Starkey, Kenneally, Cunningham, Turnbach, Yannone & Weatherstone<![CDATA[How does traffic congestion increase crash risk?]]>https://www.starkeykelly.com/?p=483292026-08-07T11:12:56Z2026-08-07T11:12:56ZKey factors affecting car crash risks
Traffic congestion increases crash risk by reducing driver reaction times, raising driver frustration and creating stop-and-go conditions on busy corridors. Some of the common factors boosting crash risks include:
Shorter following distance: Heavy traffic forces cars to pack closely together, leaving drivers with mere seconds to react to sudden stops.
Driver frustration and rage: Gridlock and long delays can cause high stress, triggering aggressive behaviors such as unsafe lane weaving and tailgating.
Mental fatigue and distraction: Spending a long time in slow-moving traffic can lead to mental fatigue, making drivers more prone to lapses in attention or distractions such as mobile device use.
Cascade effects: Minor fender benders on busy highways quickly cause huge traffic jams and secondary crashes as cars slam on their brakes.
While you cannot eliminate highway gridlock, you could lower your risk of a crash by maintaining a safe 3-to-4 second following distance, avoiding frequent lane changes, and putting your phone away during delays.
Protecting yourself and your rights
Dealing with the physical and financial fallout of a car crash is rarely simple. If you or your loved ones are involved in a rush-hour accident, consulting an experienced legal professional could help you protect your legal rights and pursue the available compensation.]]>On Behalf of Starkey, Kenneally, Cunningham, Turnbach, Yannone & Weatherstone<![CDATA[What happens when a teen uses a fake ID in New Jersey?]]>https://www.starkeykelly.com/?p=483282026-07-30T07:48:44Z2026-07-30T07:48:44ZThe case will usually stay in juvenile court
If the teen is under 18, the case usually goes through juvenile court rather than adult criminal court. That does not make the matter minor, however. New Jersey's juvenile court process can still involve supervision, penalties and a record that may affect future opportunities.
What can make the case more serious?
A fake ID case can lead to more than a warning. The court may look more closely at the situation when the incident involves additional conduct, such as:
Use of the ID rather than simple possession
Involvement of an age-restricted business
Connection to another alleged offense
History of prior juvenile history
Consequences affecting school standing or travel plans
These details can affect both the court response and the penalties the family may have to address.
Driving penalties and school consequences may follow
A fake ID allegation may lead to a license suspension even when the teen was not driving at the time. The case may also create problems with school discipline, travel plans and future background checks. Because these effects can extend well beyond the courtroom, many families often start weighing how a juvenile record may affect a teen’s future as soon as the case begins.
A lawyer can help protect the teen's future
A fake ID case may seem less serious than other juvenile offenses, but the effect can last beyond one court date if it touches a teen's record, license or future plans. A lawyer can help a family understand the juvenile process, evaluate the allegations and work to limit the long-term consequences.]]>On Behalf of Starkey, Kenneally, Cunningham, Turnbach, Yannone & Weatherstone<![CDATA[5 steps to take after a hit-and-run accident]]>https://www.starkeykelly.com/?p=483262026-07-07T03:18:20Z2026-07-06T15:50:25ZMove to a safer location and check for injuries
If your vehicle still works, move it away from traffic when you can do so safely. Check yourself and your passengers for injuries. Even mild pain deserves attention because some injuries appear after the shock fades.
Call 911 and report the collision
Contact law enforcement as soon as possible. In New Jersey, drivers generally must report crashes involving injuries, deaths or property damage above the legal reporting threshold. A police report also creates an important record for insurance purposes.
Collect as much information as possible
While waiting for officers, take photos of vehicle damage, skid marks, debris and the area around the crash. Write down what you remember about the fleeing vehicle, including its color, make, model, travel direction and any part of the plate number. If anyone saw the crash, ask for their contact information. Nearby businesses or traffic cameras may also have useful footage.
Get a medical evaluation
A prompt exam helps identify injuries that may not feel serious right away. These can include whiplash, soft tissue injuries or internal trauma. Medical records also help connect your injuries to the crash.
Notify your insurance company promptly
Report the collision as soon as you reasonably can. Many policies include Uninsured Motorist (UM) coverage. This coverage often helps pay for covered medical care and vehicle repairs when the at-fault driver cannot be found.
Each step supports the next one. Together, they help protect your well-being, strengthen the record and reduce problems during the claims process.
Why understanding your rights remains important
A hit-and-run accident often creates challenges beyond the collision itself. Questions about insurance coverage, available evidence and the identity of the other driver can make the claims process more complicated than expected.
Understanding your legal rights and responsibilities can help you make informed decisions as the matter progresses. When questions arise about insurance benefits or available remedies, legal guidance can explain how the law applies to your particular circumstances.]]>