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Sunday, January 03, 2021

STATE OF NEW JERSEY VS. LUIS A. LORA (14-07-0465, SOMERSET COUNTY AND STATEWIDE) (A-3472-17T2)

 STATE OF NEW JERSEY VS. LUIS A. LORA (14-07-0465, SOMERSET COUNTY AND STATEWIDE) (A-3472-17T2)

In this criminal appeal involving a high speed vehicular pursuit of a fleeing suspect, the court affirmed the trial court's decision to preclude defendant from using the Attorney General's Guidelines on Vehicular Pursuit of a Fleeing Suspect as substantive evidence on the issue of causation in the aggravated assault while eluding arrest charge under N.J.S.A. 2C:12-1(b)(c). The court agreed with the trial court that the jury might confuse deviation from the Guidelines with causation and its prejudicial value outweighed its probative value.

The Guidelines were properly permitted to be utilized by defendant during cross-examination for the limited purpose of impeachment.