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STATE OF NEW JERSEY VS. KAREN BORNÂ (13-065, MONMOUTH COUNTY AND STATEWIDE)
A-3896-14T4
| N.J. Super. Ct. App. Div. | Jul 17, 2017
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Background

  • Defendant Karen Born was convicted in Aberdeen Municipal Court of multiple motor-vehicle offenses and two disorderly-persons offenses (false reports to law enforcement; resisting arrest); some other charges were dismissed or downgraded pursuant to plea agreements.
  • On initial sentencing Judge Berube imposed fines, a six-month license suspension, and 195 days county jail; defendant appealed to the Law Division.
  • Judge Reisner conducted a de novo trial in the Law Division, considered the record and witness credibility, and reduced the sentence to one year probation and $250 in fines.
  • Key factual incidents: (1) Dec. 4, 2012 — Born called dispatch claiming intruders and assault in her home; officers searched and found no evidence. (2) Dec. 20, 2012 — Off-duty Officer Grivas alleged Born drove recklessly, causing him to swerve to avoid collision. (3) Apr. 2, 2013 — Officer Hausmann followed Born to her home, confirmed her license was suspended, and after she refused to exit her vehicle officers forced a door and arrested her.
  • At the de novo trial Judge Reisner found beyond a reasonable doubt that Born made a knowingly false report, committed reckless driving, failed to exhibit a license, and resisted arrest; the appellate division affirmed.

Issues

Issue State's Argument Born's Argument Held
Whether Born knowingly made a false report to police (N.J.S.A. 2C:28-4b) Record (call recording, testimony) shows Born reported an assault she knew did not occur She lacked requisite intent or presence of mind to know the report was false Law Division verdict affirmed: sufficient evidence she knowingly made a false report
Whether resisting arrest conviction was proper vs. obstruction Officers credibly testified Born refused to exit vehicle and impeded arrest Born contends her license was valid, she opened door, and charge should be obstruction Law Division verdict affirmed: resisting arrest proven beyond a reasonable doubt
Whether reckless driving conviction (N.J.S.A. 39:4-96) was supported Officer Grivas testified Born’s driving forced him to swerve to avoid collision Born denied involvement, alleged officer bias and lack of police report Law Division found Grivas credible and upheld reckless driving conviction
Whether careless-driving/failure-to-exhibit-license findings were supported Video and officer testimony showed careless operation and failure to produce license Born disputes she was driving and challenges credibility of officers Law Division findings affirmed as supported by competent credible evidence

Key Cases Cited

  • State v. Johnson, 42 N.J. 146 (review standard for sufficiency of evidence in criminal cases)
  • State v. Locurto, 157 N.J. 463 (deference to trial court credibility findings)
  • Midler v. Heinowitz, 10 N.J. 123 (two-court rule on concurrent factual findings)
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Case Details

Case Name: STATE OF NEW JERSEY VS. KAREN BORNÂ (13-065, MONMOUTH COUNTY AND STATEWIDE)
Court Name: New Jersey Superior Court Appellate Division
Date Published: Jul 17, 2017
Docket Number: A-3896-14T4
Court Abbreviation: N.J. Super. Ct. App. Div.