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The facts are as follows: The then eighteen-year-old defendant, Ms. Lenihan, was driving her 1999 Hyundai southbound on Route 519 in Hampton Township, with her sixteen year-old friend, K.G., in the front passenger seat. Defendant lost control of the vehicle and it veered to the right, crossing the shoulder of the road, striking the guardrail head-on. Both defendant and K.G. were seriously injured and transported to a local hospital. K.G. died the following day.

On August 1, 2012, in State v. Duprey, the Appellate Division altered the landscape of domestic violence hearings in New Jersey and their parallel criminal cases. Prior to Duprey, the law in New Jersey had been that “testimony given by the plaintiff or defendant in the domestic violence matter shall not be used in the simultaneous or subsequent criminal proceeding against the defendant.” N.J.S.A. 2C:25-29(a).

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