NJ Laws Email Newsletter E317
Kenneth Vercammen, Attorney at Law
October 14, 2009
In This Issue:
Recent Important Cases:
1. Mirror Obstruction Should Obstruct Driver's View for Violation.
2. After Bail and Released, Police Could Question Defendant.
3. New Trial Where Attorney Did Not Advise Defendant of Mandatory Deportation.
4. Community Events Reminder
RECENT IMPORTANT CASES:
1. Mirror Obstruction Should Obstruct Driver's View for Violation. State v. Barrow
408 NJ Super. 509 (App. Div. 2009)
A police officer stopping a motor vehicle for violating N.J.S.A. 39:3-74 must provide
articulable facts showing that he or she reasonably believed that an object hanging
from a rearview mirror obstructed the driver's view.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. After Bail and Released, Police Could Question Defendant. State v. Wessells
408 NJ Super. 188 (App. Div. 2009)
In this appeal the court holds that, pursuant to both the federal and New Jersey
Constitutions, a person who has asserted the right to counsel during a police custodial
interrogation and is subsequently released may be interrogated again if the break
in custody afforded a reasonable opportunity to consult an attorney.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. New Trial Where Attorney Did Not Advise Defendant of Mandatory Deportation.
State v. Nunez-Valdez 200 NJ 129 (2009)
There was sufficient credible evidence for the trial court to conclude that defendant
was misinformed by counsel and that he would not have pled guilty if he had received
accurate information that his plea would result in deportation.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Community Events Reminder:
Saturday, October 17, 2009
9:00 AM to 12:30PM
Magic Show 2
Location: Broadway Theatre
For More Information Contact the Gloucester County Bar Association at phone number:
856-848-4071or Visit Website:
Magic Show 2 [http://rs6.net/tn.jsp?t=iie86adab.0.0.be4bcacab.0&ts=S0421&p=http%3A%2F%2Fwww.gcbanj.org%2Fseminareventcalendar.html&id=preview]
Saturday, October 17, 2009
9:00 AM to 12:30 PM
The Westin Mount Laurel [http://rs6.net/tn.jsp?t=iie86adab.0.0.be4bcacab.0&ts=S0421&p=http%3A%2F%2Fwww.njicle.com%2Fdirection.aspx%3Flcid%3D126&id=preview],
Mt. Laurel
Monday, October 26, 2009
6:00 PM to 9:30 PM
Sheraton Edison [http://rs6.net/tn.jsp?t=iie86adab.0.0.be4bcacab.0&ts=S0421&p=http%3A%2F%2Fwww.njicle.com%2Fdirection.aspx%3Flcid%3D125&id=preview],
Edison (Raritan Center)
HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR
Monday October 19 7 - 8:30 P.M.
WILLS, PROBATE AND ELDER LAW-
Adult and Community Education
East Brunswick Adult & Community Education Program
East Brunswick HIGH SCHOOL, Cranbury Rd
Fee: $29
For additional information, call the East Brunswick Adult Education Office for registration
information 732- 613-6989 Instructor: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editorial Assistance of this email newsletter was provided by Umair Hussain. Mr.
Hussain is currently a second year law student at Rutger's School of Law and is
participating in Kenneth Vercammen's Internship Program.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Monday, October 26, 2009
NJ Laws Email Newsletter E318
NJ Laws Email Newsletter E318
Kenneth Vercammen, Attorney at Law
Happy Halloween Week!
October 27, 2009
In This Issue:
1. Kenneth Vercammen, Edison Attorney was selected a 2009 NJ Super Lawyer in the
Criminal Law- DWI section
RECENT CASES:
2. New Trial Where Attorney Did Not Advise Defendant of Mandatory Deportation.
3. Police Can Arrest Juvenile if Curfew Violation and No ID.
4. Connect with us on Facebook Social Networking Websites for People and Businesses.
5. If You Are Hurt On The Job, We Can Help.
1. Kenneth Vercammen, Edison Attorney was selected a 2009 NJ Super Lawyer in the Criminal Law- DWI Section for the Second Year in a Row.
Of over 79,000 attorneys in New Jersey, only three were selected as Super Lawyers
in the Criminal Law- DWI category.
HOW SUPER LAWYERS ARE SELECTED
Law & Politics performs the polling, research and selection of Super Lawyers in a process designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Super Lawyers is a comprehensive and diverse listing of outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations. Only 5 percent of the lawyers in each state or region are named Super Lawyers.
http://www.njlaws.com/superlawyer.htm [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.njlaws.com%2Fsuperlawyer.htm&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
RECENT CASES:
2. New Trial Where Attorney Did Not Advise Defendant of Mandatory Deportation. State v. Nunez-Valdez 200 NJ 129 (2009)
There was sufficient credible evidence for the trial court to conclude that defendant
was misinformed by counsel and that he would not have pled guilty if he had received
accurate information that his plea would result in deportation.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Police Can Arrest Juvenile if Curfew Violation and No ID. State in the Interest of R.M. 408 NJ Super. 304 (App. Div. 2009)
A juvenile who is found on the streets in violation of a municipal curfew ordinance
and is unable to produce any identification may be arrested and detained until identification can be produced and the juvenile released to the custody of his or her parents.
A juvenile who is arrested for a curfew violation may be searched incident to that
arrest before being transported to police headquarters.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Connect with us on Facebook Social Networking Websites for People and Businesses
Kenneth Vercammen was a speaker for the American Bar Association at the Defending
Internet Related Crimes Seminar at the ABA Annual Meeting in Chicago July 31st and
with Jay Foonberg of Beverly Hills for Estate Planning & Probate on August 1st.
A newer way to connect with friends and other business owners is become active in
online social networking websites. At the American Bar Association Annual meeting
the ABA Elder Law Committee of the GP Solo Division included details in this program
which also looks at online social networking.
Visit some of the below Social networking site for ideas. These are examples of
Ken Vercammen's profiles:
1. Facebook:
http://www.facebook.com/kenneth.vercammen?ref=name [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.facebook.com%2Fkenneth.vercammen%3Fref%3Dname&id=preview]
2. Linkedin.com:
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3. Myspace:
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4. Twitter:
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5. Meet the Elite:
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6. Google:
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7. Flickr:
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8. Justia Lawyer Directory:
http://lawyers.justia.com/lawyer/mr-kenneth-albert-vercammen-esq-1171249/ [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Flawyers.justia.com%2Flawyer%2Fmr-kenneth-albert-vercammen-esq-1171249%2F&id=preview]
9. Yahoo:
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10. JD Supra:
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11. Avvo Legal rating:
http://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html?edit=true [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.avvo.com%2Fattorneys%2F08817-nj-kenneth-vercammen-571594.html%3Fedit%3Dtrue&id=preview]
12. Athlinks: Running Race Results:
http://www.athlinks.com/racer.aspx?rid=23481836 [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.athlinks.com%2Fracer.aspx%3Frid%3D23481836&id=preview]
13. Lawlink:
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14. Delicious:
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15. ActiveRain:
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16. Spoke:
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17. Eons NJLaws Newsletters & Legal Seminar Photos:
http://www.eons.com/members/profile/743858 [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.eons.com%2Fmembers%2Fprofile%2F743858&id=preview]
18. Legally Minded- ABA
http://be.legallyminded.com/profile_view.aspx?CustomerID=vercammen [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fbe.legallyminded.com%2Fprofile_view.aspx%3FCustomerID%3Dvercammen&id=preview]
19. Friendfeed.com:
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Kenneth Vercammen Video sites:
V1. YouTube:
http://www.youtube.com/user/kvercammen [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.youtube.com%2Fuser%2Fkvercammen&id=preview]
V5. Metacafe:
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V6. Revver:
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V8. Windows Live Space:
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V10. Bebo:
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V11. Digg
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V12. Hi5:
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V13. Orkut:
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V14. Mixx:
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V15. Veoh:
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V16. Virb.com:
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V17. Gather:
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V19. Plaxo:
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V19. Motionbox:
Others cannot view profile unless they have an account themselves.
V20. BlipTv:
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V21. MyYearBook:
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V23. StumbleUpon:
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V24. Crackle:
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TubeMogul:
Others cannot view profile unless they have account themselves.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. If You Are Hurt On The Job, We Can Help
On the job injuries are common. If you have an injury or illness due to your job,
you may be entitled to receive money under workers' compensation laws.
If you are hurt on the job or suffer a job-related illness, call us to find out
about obtaining workers' compensation benefits. They can be vital in providing for
your medical care and the care of you and your family while you are not working.
Call promptly so you do not risk losing benefits because you waited too long. Don't
get hurt twice, let us help you get the maximum award you deserve.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editorial Assistance of this email newsletter was provided by Umair Hussain. Mr. Hussain is currently a second year law student at Rutger's School of Law and is
participating in Kenneth Vercammen's Internship Program.
Kenneth Vercammen, Attorney at Law
Happy Halloween Week!
October 27, 2009
In This Issue:
1. Kenneth Vercammen, Edison Attorney was selected a 2009 NJ Super Lawyer in the
Criminal Law- DWI section
RECENT CASES:
2. New Trial Where Attorney Did Not Advise Defendant of Mandatory Deportation.
3. Police Can Arrest Juvenile if Curfew Violation and No ID.
4. Connect with us on Facebook Social Networking Websites for People and Businesses.
5. If You Are Hurt On The Job, We Can Help.
1. Kenneth Vercammen, Edison Attorney was selected a 2009 NJ Super Lawyer in the Criminal Law- DWI Section for the Second Year in a Row.
Of over 79,000 attorneys in New Jersey, only three were selected as Super Lawyers
in the Criminal Law- DWI category.
HOW SUPER LAWYERS ARE SELECTED
Law & Politics performs the polling, research and selection of Super Lawyers in a process designed to identify lawyers who have attained a high degree of peer recognition and professional achievement. Super Lawyers is a comprehensive and diverse listing of outstanding attorneys, representing a wide range of practice areas, firm sizes and geographic locations. Only 5 percent of the lawyers in each state or region are named Super Lawyers.
http://www.njlaws.com/superlawyer.htm [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.njlaws.com%2Fsuperlawyer.htm&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
RECENT CASES:
2. New Trial Where Attorney Did Not Advise Defendant of Mandatory Deportation. State v. Nunez-Valdez 200 NJ 129 (2009)
There was sufficient credible evidence for the trial court to conclude that defendant
was misinformed by counsel and that he would not have pled guilty if he had received
accurate information that his plea would result in deportation.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Police Can Arrest Juvenile if Curfew Violation and No ID. State in the Interest of R.M. 408 NJ Super. 304 (App. Div. 2009)
A juvenile who is found on the streets in violation of a municipal curfew ordinance
and is unable to produce any identification may be arrested and detained until identification can be produced and the juvenile released to the custody of his or her parents.
A juvenile who is arrested for a curfew violation may be searched incident to that
arrest before being transported to police headquarters.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Connect with us on Facebook Social Networking Websites for People and Businesses
Kenneth Vercammen was a speaker for the American Bar Association at the Defending
Internet Related Crimes Seminar at the ABA Annual Meeting in Chicago July 31st and
with Jay Foonberg of Beverly Hills for Estate Planning & Probate on August 1st.
A newer way to connect with friends and other business owners is become active in
online social networking websites. At the American Bar Association Annual meeting
the ABA Elder Law Committee of the GP Solo Division included details in this program
which also looks at online social networking.
Visit some of the below Social networking site for ideas. These are examples of
Ken Vercammen's profiles:
1. Facebook:
http://www.facebook.com/kenneth.vercammen?ref=name [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.facebook.com%2Fkenneth.vercammen%3Fref%3Dname&id=preview]
2. Linkedin.com:
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3. Myspace:
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4. Twitter:
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5. Meet the Elite:
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6. Google:
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7. Flickr:
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8. Justia Lawyer Directory:
http://lawyers.justia.com/lawyer/mr-kenneth-albert-vercammen-esq-1171249/ [http://rs6.net/tn.jsp?t=m9fdtbdab.0.0.be4bcacab.0&p=http%3A%2F%2Flawyers.justia.com%2Flawyer%2Fmr-kenneth-albert-vercammen-esq-1171249%2F&id=preview]
9. Yahoo:
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10. JD Supra:
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11. Avvo Legal rating:
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12. Athlinks: Running Race Results:
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13. Lawlink:
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14. Delicious:
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15. ActiveRain:
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16. Spoke:
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17. Eons NJLaws Newsletters & Legal Seminar Photos:
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18. Legally Minded- ABA
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Kenneth Vercammen Video sites:
V1. YouTube:
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TubeMogul:
Others cannot view profile unless they have account themselves.
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5. If You Are Hurt On The Job, We Can Help
On the job injuries are common. If you have an injury or illness due to your job,
you may be entitled to receive money under workers' compensation laws.
If you are hurt on the job or suffer a job-related illness, call us to find out
about obtaining workers' compensation benefits. They can be vital in providing for
your medical care and the care of you and your family while you are not working.
Call promptly so you do not risk losing benefits because you waited too long. Don't
get hurt twice, let us help you get the maximum award you deserve.
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Editorial Assistance of this email newsletter was provided by Umair Hussain. Mr. Hussain is currently a second year law student at Rutger's School of Law and is
participating in Kenneth Vercammen's Internship Program.
Tuesday, October 13, 2009
NJ Laws Email Newsletter E316
NJ Laws Email Newsletter E316 Kenneth Vercammen, Attorney at Law
October 7, 2009
In This Issue:
Recent Important Cases:
1. Condo Parking Garage is Quasi-public for Refusal Violation.
2. New Law Grants Immunity to Certain Underage Persons if they Call for Medical Assistance
for Another Underage Person who has Consumed Alcoholic Beverages.
3. Community Events
4. Estate Planning Ideas for Professionals and People who advise Seniors--Free Seminar-- 2009 update Wills and Estate Planning
5. Wills, Probate and Elder Law-- Adult and Community Education
6. Handling Drug, DWI & Serious Motor Vehicle Cases Seminar Featuring a Discussion on the Newly Released Court Rules
7. Next Non-Profit Races
8. Recent NJ Laws Tube on YouTube
RECENT IMPORTANT CASES:
1. Condo Parking Garage is Quasi-public for Refusal Violation. State v. Bertrand ___ NJ Super. ___ (App. Div. 2009) A-2378-07T4 Defendant's conviction for refusing to provide breath samples, N.J.S.A. 39:4-50.2, is affirmed. The parking garage of a high-rise condominium that held 354 cars, and the use of which was restricted to residents of that building, constituted a "quasi-public area" for purposes of the statute.
2. New Law Grants Immunity to Certain Underage Persons if they Call for Medical Assistance for Another Underage Person who has Consumed Alcoholic Beverages. Governor Jon S. Corzine signed ACS for A-3160/S-2748 which grants immunity to certain underage persons for unlawful possession or consumption of alcoholic beverages. This is an amendment to NJSA 2C:33-15 that will provide statutory immunity to certain individuals who consume alcoholic beverages while under the legal age to do so. This law establishes "9-1-1: Lifeline Legislation," to grant immunity to underage drinkers who unlawfully consume or possess alcoholic beverages, whether on public or private property, if they call for medical assistance for another underage person who has consumed alcoholic beverages. The law also provides immunity to an underage person who receives such medical assistance. NJSA 2C:33-15 generally prohibits either the consumption or possession of an alcoholic beverage by a person under the age of 21. Under current law, a person under the legal age to purchase alcoholic beverages who knowingly possesses or consumes any alcoholic beverage on public property is guilty of a disorderly persons offense. Disorderly persons offenses are punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. If the offense is committed in a motor vehicle, the offender's driver's license is also suspended for six months. Current law also authorizes municipalities to enact ordinances to make it an offense for underage persons to possess or consume alcoholic beverages on private property. A violation of such a municipal ordinance is punishable by a fine of $250 for a first offense and a fine of $350 for subsequent offenses. The court also may suspend the offender's driver's license for six months. Under the new law, an underage person and one or two other persons are immune from prosecution under these underage drinking laws if: (1) one of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption; (2) the underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator; (3) the underage person was the first person to make the 9-1-1 report; and (4) the underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene. The law also provides immunity for the underage person who receives medical assistance. (Sponsors Angelini,Johnson, Bramnick,Evans/S. Kean,Girgenti)
3. Community Events: Metuchen Fair rescheduled to: October 10, 2009 10am-4pm
4. Estate Planning Ideas for Professionals and People who advise Seniors--Free Seminar-- 2009 update Wills and Estate Planning WHEN: Wednesday, October 14, 2009 TIME: 12:15-1:00 PM WHERE: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, 2nd floor, Edison, NJ Invited: CPA's, Financial Planners, Insurance Producers, Nursing Home Administrators, Hospital and Nursing Home Social Workers, Medicaid Workers, Office on Aging Personnel, Senior Club Presidents, and Accountants The cost for this program previously at Middlesex County College was $29.00. If you email back prior to October 10 you can attend for free. COST: Free if you pre-register. This program is limited to 15 people Complimentary Sandwiches to pre-registered persons at 12:10 SPEAKER: Kenneth Vercammen, Esq. (Author- Answers to Questions About Probate)
5. Wills, Probate and Elder Law-- Adult and Community Education WHEN: Monday October 19 7 - 8:30 P.M. WHERE: East Brunswick Adult & Community Education Program, East Brunswick High School, Cranbury Rd COST: $29 For additional information, call the East Brunswick Adult Education Office for registration information at 732-613-6989. INSTRUCTOR: Kenneth Vercammen, Esq. of Edison (Co-Author- NJ Elder Law & Probate) COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts. You don't have to be wealthy or near death to do some thinking about a Will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of the state law. Topics covered by author of "Answer to questions about Probate" will include: Wills, revocable trusts, irrevocable trusts, power of attorney, living will, long term care insurance, reverse mortgage, plus the opportunity to ask questions. Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law. For more information on Elder law, visit the Website: www.CentralJerseyElderLaw.com [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.centraljerseyelderlaw.com%2F&id=preview]. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to: Kenv@njlaws.com.
6. Handling Drug, DWI & Serious Motor Vehicle Cases Seminar Featuring a discussion on the newly released court rules. Monday, October 26, 2009; 6:00PM to 9:30PM Sheraton Edison, Edison (Raritan Center) Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers' Section Gain a thorough understanding of Municipal Court practice, procedure, & recent developments; Criminal Case Law and Legislative Update The Prosecutor's Perspective: DWI, no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues Judicial Perspective : Expert arguments, important court rules, common errors by defense attorneys and prosecutors, how to impress the court and not annoy the court staff; New Court Rules Recent developments in traffic law, merged traffic tickets and more DWI and Chun A special Q&A session: Ask the Experts Speakers include: KENNETH A. VERCAMMEN, ESQ. Past Chair, NJSBA Municipal Court Section Chair, ABA Elder Law Committee K. Vercammen & Associates (at Mt. Laurel & Edison) HON. ROBERT J. ZANE, III, PJMC (Camden) (at Mt. Laurel) WILLIAM G. BRIGIANI, ESQ. (at Mt. Laurel & Edison) ROBERT A. GLEANER, ESQ. Prosecutor in Audubon and Stratford (Camden County) (at Mt. Laurel) JOHN MENZEL, ESQ. (at Mt. Laurel & Edison) HON. JOHN J. COYLE, JR. JSC (Belvidere) (at Edison) HON. JOAN ROBINSON GROSS, PJMC (Union County) Chair, Supreme Court Municipal Practice Committee (Union County) NORMA M. MURGADO, ESQ. Chief Prosecutor (Elizabeth) Assistant Prosecutor (Woodbridge)
7. Next Non-Profit Races If you are attending, call Ken V to car pool from East Brunswick area.
October 11, 2009 Deal 5 miler 5k Deal hot dogs & free beer October 18, 2009 Sunday East Brunswick 1pm 5k & 10k RVRR Well run event Road closed to traffic www.ebrr.org [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.ebrr.org%2F&id=preview] October 25, 2009 Trick or Trot 4 mile run 4-mile Long Branch party at Celtic Cottage after run -- discount beer November 1, 2009 Viking 5K, South Brunswick November 8, 2009 Cocoa Beach Florida 2 mile [Ken V is defending champion] November 21, 2009 Manasquan Turkey Trot 5-mile Manasquan 11am party at taverns after race discount beer November 27, 2009 Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern 11am November 29, 2009 Navesink Challenge 15k and 5k, Middletown, NJ 732-542-6090 Quality JSRC event with Race Director: Dave Z. Free food and discount beer at Outback December 6, 2009 Arthritis 5k Metuchen
8. Recent NJ Laws Tube on YouTube: Simple Assault and Aggravated Assault: Simple Assault and Aggravated Assault YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DAghg4IQLiRY%26feature%3Dchannel_page&id=preview] Self Defense Law and Defense Against Assault Charges: Self Defense Law and Defense Against Assault Charges YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dus_SPKNFICs%26feature%3Dchannel_page&id=preview] Back & Neck Injury in Accident: Back & Neck Injury in Accident YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dlh5bZjFP1fY%26feature%3Dchannel_page&id=preview] Prohibited Weapons & Possession of Weapons for Unlawful Purpose: Prohibited Weapons & Possession of Weapons YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DHwJlayuLEEw%26feature%3Dchannel_page&id=preview] Conspiracy 2C:5- 2: Conspiracy 2C:5-2 YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3D13_DFORQY0c%26feature%3Dchannel_page&id=preview] Theft of Movable Property 2C:20-3: Theft of Movable Property YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DB4dl-4h-ris%26feature%3Dchannel_page&id=preview] Law on Refusal to provide breath samples after arrested for DWI/DUI: Refusal DWI/DUI YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dl1uh1Ahyevs%26feature%3Dchannel_page&id=preview] Speeding and Radar: Speeding and Radar YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DtdVk8nmJJis%26feature%3Dchannel_page&id=preview] PTI Pre Trial Intervention to Stop and Dismiss Criminal Charges: PTI Pre Trial Intervention to Stop and Dismiss Criminal Charge YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DQfkLbQ-GgUY%26feature%3Dchannel_page&id=preview] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Thank you for reading our newsletter! God Bless America USA #1
NJ Laws Email Newsletter E315
NJ Laws Email Newsletter E315
Kenneth Vercammen, Attorney at Law
September 23, 2009
In This Issue:
1. If Emergency Call, Police Can Enter and Seize Item in Plain View.
2. School Officials Cannot Search Child's Underwear for Drugs.
3. Judge Can Suspend DL for Traffic Offense.
4. MotionFor Termination of Child Support UponEmancipation in New Jersey.
5. Next CommunityEvents and Races.
IMPORTANT CASES:1. If Emergency Call, Police Can Enter and Seize Item in Plain View. State v. O'Donnell408NJ Super. 177 (App. Div. 2009)Evidence observed in plain view during a police entry into a residence to provideemergency aid may be seized without a warrant even though there is a short delay between the emergency aid entry and the seizure of evidence by other police officersresponsible for processing the crime scene
2. School Officials Cannot Search Child's Underwear for Drugs. Safford Unified School. Dist. No. 1. v. Redding 129 S.Ct. 2633 (2009)In a 42 U.S.C. section 1983 action alleging an unlawful search of a student, the denial of summary judgment based on qualified immunity is affirmed where the searchof Plaintiff's underwear violated the Fourth Amendment because the facts did not give school officials reasonable suspicion to search her underwear
3. Judge Can Suspend DL for Traffic Offense. State v. Moran 408 NJ Super. 412 (AppDiv. 2009)The Court rejects the constitutional challenges to N.J.S.A. 39:5-31, which authorizes,without standards or limits, driver's license suspensions for willful motor vehicle violations.
4. Motion for Termination of Child Support upon Emancipation in New JerseyChild support is usually paid through a wage withholding garnishment at the parent'sjob. Child support orders and wage withholding continue forever against you untila Superior Court Judge signs a Formal Court Order terminating or modifying support.It is not sufficient for you to simply wait for a child to finish school. Many Divorcedecrees and Property Settlement Agreements state that child support will end uponemancipation. For example, the term "emancipation" is sometimes defined as follows:(i) The completion of the child's formal education on a matriculated basis, whetherit be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing gradesthe child shall not be considered emancipated. (ii) Upon the completion of any ofthe aforesaid segments of the child's education, and upon the failure to commencethe next segment of his education, or upon leaving school, the child shall be deemedemancipated unless failure to continue on with his education has resulted from injuryor illness or some other cause beyond the child's control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child.Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papersincluding a copy of the Final Judgment for Divorce, any other Child Support Orders,copy of birth certificate if available, proof of graduation from school or workingfull time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order which your attorney can file without the need for a formal Motion. However, generally a Formal written Notice of Motion must be filed in theCounty Superior Court where the child support Order was entered.The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates highschool. Most child support Order continue child support if the child is in collegefull time. However, don't give up. In the unreported Appellate Division decision of Kozak v Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus. The judge properly determined it was appropriate to calculate child supportonly for the period of time the child was not residing at college.More information at: http://www.njlaws.com/term_of_child_support_upon_emancipation.
5. Next Community Events and Races
September 26 Metuchen YMCA 5k 8:30 Garbolino 5k run at Roosevelt Park
September 26 Monroe 5k September 26 Edison Fall Festival
September 26 Jersey Shore JSRC Relay
September 27 Treasure Island Sprint Triathlon 600 meter swim,10.5-mile bike, 3 mile run, Pt Pleasant NJ
September 27 Bishop Ahr HS 5k 12 noon 1 Tingley Ln, Edison
September 27 Oysterfest Asbury Park
October 3 Metuchen Fair 10am
October 3 Sea Bright The TASTE OF SEA BRIGHT(Trolley Hop), as this event will sell out quickly.Only 1000 tickets will be sold.Eventgoers ride the trolley and hop to 20 different stopsfor samplings of food, drinks, cocktails, door prizedrawings, and incredible free giveaways!
EVENT DATE: Saturday, Oct. 3, 2009 TIME: 11:30 a.m. - 5:30 p.m.(Trolley and busses will run until 6:30)Ticket cost: $40 - ALL INCLUSIVE.Includes admission bracelet, map/passport, all food, drinks, cocktails, unlimitedtrolley/bus rides throughout the event - and you'll even get a complimentary SBBAbackpack to carry all the goodies you'll receive from the stops on the map!On the day of the event, park in Sea Bright (designated parking areas are indicatedon your map/passport) and visit the stops in ANY order you wish , at any time between11:30 and 5:30 p.m. on the day of the event. This year, we will have a trolley and2 busses continuously loop the course, dropping you off and picking you back up at each stop. By the time you've had a complimentary drink and food sampling, thetrolley/bus will be back around to pick you up and take you to your next stop. Whereelse can you spend an entire afternoon eating, drinking, receiving free give-awaysand having fun with your friends for only $40? The event ends at 5:30 pm, but thetrolley and busses will continue to provide free transportation until 6:30 p.m.
www.visitseabright.com/taste-of-sea-bright-trolley-hop.html
October 4 Clamman Triathlon Berkeley Twp TriathlonJersey Shore Tri Club 7AM
Thank you for reading our newsletter! God Bless America USA #1
Wednesday, September 09, 2009
NJ Laws Email Newsletter E314
NJ Laws Email Newsletter E314
Kenneth Vercammen, Attorney at Law
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September 9, 2009
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In This Issue:
1. Patriot Day Observance - September 11th Local Events
______________
Recent Important Cases:
2. Law Division Judges Say that Entire Judge King Alcotest Report was not Adopted
by Supreme Court.
3. Police May Interrogate Even if Public Defender Assigned.
4. Next Community Events and Races.
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(732) 572-0500
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Greetings Kenneth Vercammen,
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1. Patriot Day Observance
September 11th Local Events
Metuchen Freedom Plaza 911 Memorial
Date: September 11, 2009
Time: 8:00AM
Address: Corner of Main Street and Woodbridge Avenue, Metuchen, NJ
Location: The Freedom Plaza, next to the Metuchen train station
Dedicated to: Memorial honoring residents and commuters who took the train from
Metuchen station
Type of Memorial: Clock Tower and Brick Wall with Names
Open to Public: Yes
Description: The plaques of Freedom Plaza list the names of the nearly 700 residents
of New Jersey who died in the Sept. 11 attacks, the 13 victims from Metuchen and
Edison have stars next to their names. A clock tower stands in front of the plaza,
with the names engraved on plaques set in the brick. The victims names were listed
alphabetically on purpose to show the randomness of what happened on September 11th.
_______________________________________
9-11 Memorial Run
Friday, Sept 11, 6 PM,
9/11 Memorial Run,
Ocean Ave and 16th Avenue by Dunkin Donuts, Belmar, NJ
Come out to honor all who lost their lives on that tragic day. About 4 - 5 Miles.
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Recent Important Cases:
2. Law Division Judges Say that Entire Judge King Alcotest Report was not Adopted
by Supreme Court. State v. Coppola ___NJ Super.___ Law Div. Camden Cty. 14-3-4513
On Sept. 6, 2006, Giovanni Coppola appeared before Hon. Robert Zane, J.M.C., in
Merchantville, and entered a guilty plea to violating N.J.S.A. 39:4-50. The guilty
plea was entered with the caveat of a Chun stay. Following the Supreme Court's holding
in Chun, the defendant sought to withdraw his guilty plea on the grounds that Chun
adopted Special Master King's report, which stated that higher scrutiny must be
given to cases where the Alcotest results are at the threshold levels (.04, .08,
or .10). The court found that the special master's report was only adopted as modified
within the Chun opinion and that the Chun opinion found that the Alcotest was reliable.
The Trial Judge held that the Chun holding did not adopt King's report in toto and,
as such, a per se violation remains a per se violation. The purpose of the per se
violation is to prevent pretextual defenses where the defendant has been found to
be at or above the threshold blood-alcohol limit. The court held that the Chun decision
did not open the door for pretextual defenses and no additional scrutiny must be
given to threshold level cases.
[Decided April 30, 2009.]
Source: Daily Briefing July 13, 2009
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3. Police May Interrogate Even if Public Defender Assigned. Montejo v. Louisiana
129 S. Ct. 2079 (2009)
Michigan v. Jackson, which forbids police from initiating interrogation of a criminal
defendant once he has invoked his right to counsel at an arraignment or similar
proceeding, is overturned.
Source: New Jersey Law Journal June 1, 2009.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Next Community Events and Races
9/12 Brendan Vercammen's 18th Birthday
9/12 Cranbury Day 5k 9am
9/12 South Brunswick Varsity Soccer at South Brunswick H.S.
9/12 Brielle 10k 9am & beer garden
9/12 Vice Versa Sprint Tri Run 3.5 miles, Bike 12 miles, Swim ¼ mile
9/13 Great Atlantic Triathlon Seaside Triathlon 7am
http://www.jsmultisport.com/race_seaside_heights_091309.shtml [http://rs6.net/tn.jsp?t=7npj45cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.jsmultisport.com%2Frace_seaside_heights_091309.shtml&id=preview]
9/13 JSRC Picnic at Monmouth Park Racetrack
9/13 Monmouth County Sprint Triathlon 1/4mi Sw, 13mi Bi, 4mi Run, 8am Seven
Presidents Park Long Branch NJ
9/13 USATF-NJ Open and Masters Men's & Women's 5k XC Championships, Holmdel
Park, Holmdel, usatfnj@usatfnj.org, 973-334-8900
9/ 19 The Rat Race-Fall 10 mile trail , 11am Hashing & free beer
9/20 Lavallette Sprint triathlon Swim ¼ mile, Bike 12 miles, Run 3.1 miles
Boy Scout Troop #22 Jesse W. Anderson Sprint
9/20 "War at the Shore" Triathlon Short course .4k swim, 8.5 mile bike, 3 mile
run 6:45am long course .8k swim, 17 mile bike, 5 mile run 6:30am Long Branch
NJ
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
September 9, 2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In This Issue:
1. Patriot Day Observance - September 11th Local Events
______________
Recent Important Cases:
2. Law Division Judges Say that Entire Judge King Alcotest Report was not Adopted
by Supreme Court.
3. Police May Interrogate Even if Public Defender Assigned.
4. Next Community Events and Races.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
================================================================================
NJLaws.Com LINKS
Main Website with 500 [http://rs6.net/tn.jsp?t=7npj45cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=7npj45cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=7npj45cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings Kenneth Vercammen,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1. Patriot Day Observance
September 11th Local Events
Metuchen Freedom Plaza 911 Memorial
Date: September 11, 2009
Time: 8:00AM
Address: Corner of Main Street and Woodbridge Avenue, Metuchen, NJ
Location: The Freedom Plaza, next to the Metuchen train station
Dedicated to: Memorial honoring residents and commuters who took the train from
Metuchen station
Type of Memorial: Clock Tower and Brick Wall with Names
Open to Public: Yes
Description: The plaques of Freedom Plaza list the names of the nearly 700 residents
of New Jersey who died in the Sept. 11 attacks, the 13 victims from Metuchen and
Edison have stars next to their names. A clock tower stands in front of the plaza,
with the names engraved on plaques set in the brick. The victims names were listed
alphabetically on purpose to show the randomness of what happened on September 11th.
_______________________________________
9-11 Memorial Run
Friday, Sept 11, 6 PM,
9/11 Memorial Run,
Ocean Ave and 16th Avenue by Dunkin Donuts, Belmar, NJ
Come out to honor all who lost their lives on that tragic day. About 4 - 5 Miles.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Important Cases:
2. Law Division Judges Say that Entire Judge King Alcotest Report was not Adopted
by Supreme Court. State v. Coppola ___NJ Super.___ Law Div. Camden Cty. 14-3-4513
On Sept. 6, 2006, Giovanni Coppola appeared before Hon. Robert Zane, J.M.C., in
Merchantville, and entered a guilty plea to violating N.J.S.A. 39:4-50. The guilty
plea was entered with the caveat of a Chun stay. Following the Supreme Court's holding
in Chun, the defendant sought to withdraw his guilty plea on the grounds that Chun
adopted Special Master King's report, which stated that higher scrutiny must be
given to cases where the Alcotest results are at the threshold levels (.04, .08,
or .10). The court found that the special master's report was only adopted as modified
within the Chun opinion and that the Chun opinion found that the Alcotest was reliable.
The Trial Judge held that the Chun holding did not adopt King's report in toto and,
as such, a per se violation remains a per se violation. The purpose of the per se
violation is to prevent pretextual defenses where the defendant has been found to
be at or above the threshold blood-alcohol limit. The court held that the Chun decision
did not open the door for pretextual defenses and no additional scrutiny must be
given to threshold level cases.
[Decided April 30, 2009.]
Source: Daily Briefing July 13, 2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Police May Interrogate Even if Public Defender Assigned. Montejo v. Louisiana
129 S. Ct. 2079 (2009)
Michigan v. Jackson, which forbids police from initiating interrogation of a criminal
defendant once he has invoked his right to counsel at an arraignment or similar
proceeding, is overturned.
Source: New Jersey Law Journal June 1, 2009.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Next Community Events and Races
9/12 Brendan Vercammen's 18th Birthday
9/12 Cranbury Day 5k 9am
9/12 South Brunswick Varsity Soccer at South Brunswick H.S.
9/12 Brielle 10k 9am & beer garden
9/12 Vice Versa Sprint Tri Run 3.5 miles, Bike 12 miles, Swim ¼ mile
9/13 Great Atlantic Triathlon Seaside Triathlon 7am
http://www.jsmultisport.com/race_seaside_heights_091309.shtml [http://rs6.net/tn.jsp?t=7npj45cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.jsmultisport.com%2Frace_seaside_heights_091309.shtml&id=preview]
9/13 JSRC Picnic at Monmouth Park Racetrack
9/13 Monmouth County Sprint Triathlon 1/4mi Sw, 13mi Bi, 4mi Run, 8am Seven
Presidents Park Long Branch NJ
9/13 USATF-NJ Open and Masters Men's & Women's 5k XC Championships, Holmdel
Park, Holmdel, usatfnj@usatfnj.org, 973-334-8900
9/ 19 The Rat Race-Fall 10 mile trail , 11am Hashing & free beer
9/20 Lavallette Sprint triathlon Swim ¼ mile, Bike 12 miles, Run 3.1 miles
Boy Scout Troop #22 Jesse W. Anderson Sprint
9/20 "War at the Shore" Triathlon Short course .4k swim, 8.5 mile bike, 3 mile
run 6:45am long course .8k swim, 17 mile bike, 5 mile run 6:30am Long Branch
NJ
NJ Laws Email Newsletter E313
NJ Laws Email Newsletter E313
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
August 27, 2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In This Issue:
Recent Important Cases:
1. Warrantless Search to Check on Unattended Child Permitted Under Community Caretaking.
2. Refusal Stands Even if Driver Does Not Understand English.
_____________________
3. Fun Upcoming Running Races 2009 Selected by Kenneth Vercammen.
4. New Legal Videos on YouTube.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
================================================================================
NJLaws.Com LINKS
Main Website with 500 [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings Kenneth Vercammen,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Important Cases:
1. Warrantless Search to Check on Unattended Child Permitted Under Community Caretaking.
State v. Bogan 200 NJ 61 (2009)
The police officer's warrantless entry into an apartment for the purpose of taking
the telephone from an unattended child to speak with his parent was justified by
the community caretaking doctrine because the officer had a duty to identify a
responsible adult for the child and to ensure his safety. Because the officer
was lawfully on the premises when he observed in plain view defendant, who fit the
suspect's description, he had a right to direct his fellow officers to question
defendant. Defendant's Mirandized statements in response to questioning were properly
admitted at trial.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Refusal Stands Even if Driver Does Not Understand English. State v. Marquez
408 NJ Super. 273 (App. Div. 2009)
The police have no constitutional obligation to translate into Spanish the standard
statement under the breath-test refusal statute, N.J.S.A. 39:4-50.2(e), to a licensed
New Jersey driver arrested for drunk driving who does not understand English. The
court reaffirms the Law Division's holding in State v. Nunez, 139 N.J. Super. 28,
32-33 (Law Div. 1976), that no such translation is required. However, we recommend
that, as an administrative matter, the Motor Vehicle Commission prospectively consider
having the standard statement translated into Spanish and perhaps other prevalent
foreign languages.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Fun Upcoming Running Races 2009, selected by Kenneth Vercammen.
August 29, 2009
Ray Licata Long Branch Ocean Mile Swim
1 mile, & 100 yards for kids,
Long Branch, NJ 8:00AM
August 30, 2009
CJRR Fall Classic
Cranford, NJ 8:30AM
Also, August 30, 2009
RVRR Picnic
September 6, 2009
Jimmy D 5k
New Brunswick, NJ 9:00AM free beer
Also, September 6, 2009
Woodbridge 5k
Woodbridge, NJ 9:00AM
September 7, 2009
South Plainfield 3m
South Plainfield, NJ
Also, September 7, 2009
Monday Pier House 5k
September 12, 2009
Cranbury Day 5k
Cranbury, NJ 9AM
September 13, 2009
Seaside Triathlon 7am
Also, September 13, 2009
JSRC Picnic at Monmouth Park Racetrack
If you are attending any of these races, please call or email Ken V. Often we car
pool or meet at these events. If you can't run, you can volunteer, or walk the course.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. New Legal Videos on YouTube.
Self Defense Law and Defense Against Assault Charges [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dus_SPKNFICs%26feature%3Dchannel_page&id=preview]
Assault Simple Assault and Aggravated Assault [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DAghg4IQLiRY%26feature%3Dchannel_page&id=preview]
DWI Questions on Field Sobriety Tests and Arrest [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DVSRBgROA0RU%26feature%3Dchannel&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editorial Assistance of this email newsletter was provided by Chase Smith. Mr. Smith
is currently participating in Kenneth Vercammen's Summer Internship Program. Mr.
Smith is hoping to become a criminal attorney in the near future.
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
August 27, 2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In This Issue:
Recent Important Cases:
1. Warrantless Search to Check on Unattended Child Permitted Under Community Caretaking.
2. Refusal Stands Even if Driver Does Not Understand English.
_____________________
3. Fun Upcoming Running Races 2009 Selected by Kenneth Vercammen.
4. New Legal Videos on YouTube.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
================================================================================
NJLaws.Com LINKS
Main Website with 500 [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings Kenneth Vercammen,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Important Cases:
1. Warrantless Search to Check on Unattended Child Permitted Under Community Caretaking.
State v. Bogan 200 NJ 61 (2009)
The police officer's warrantless entry into an apartment for the purpose of taking
the telephone from an unattended child to speak with his parent was justified by
the community caretaking doctrine because the officer had a duty to identify a
responsible adult for the child and to ensure his safety. Because the officer
was lawfully on the premises when he observed in plain view defendant, who fit the
suspect's description, he had a right to direct his fellow officers to question
defendant. Defendant's Mirandized statements in response to questioning were properly
admitted at trial.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Refusal Stands Even if Driver Does Not Understand English. State v. Marquez
408 NJ Super. 273 (App. Div. 2009)
The police have no constitutional obligation to translate into Spanish the standard
statement under the breath-test refusal statute, N.J.S.A. 39:4-50.2(e), to a licensed
New Jersey driver arrested for drunk driving who does not understand English. The
court reaffirms the Law Division's holding in State v. Nunez, 139 N.J. Super. 28,
32-33 (Law Div. 1976), that no such translation is required. However, we recommend
that, as an administrative matter, the Motor Vehicle Commission prospectively consider
having the standard statement translated into Spanish and perhaps other prevalent
foreign languages.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Fun Upcoming Running Races 2009, selected by Kenneth Vercammen.
August 29, 2009
Ray Licata Long Branch Ocean Mile Swim
1 mile, & 100 yards for kids,
Long Branch, NJ 8:00AM
August 30, 2009
CJRR Fall Classic
Cranford, NJ 8:30AM
Also, August 30, 2009
RVRR Picnic
September 6, 2009
Jimmy D 5k
New Brunswick, NJ 9:00AM free beer
Also, September 6, 2009
Woodbridge 5k
Woodbridge, NJ 9:00AM
September 7, 2009
South Plainfield 3m
South Plainfield, NJ
Also, September 7, 2009
Monday Pier House 5k
September 12, 2009
Cranbury Day 5k
Cranbury, NJ 9AM
September 13, 2009
Seaside Triathlon 7am
Also, September 13, 2009
JSRC Picnic at Monmouth Park Racetrack
If you are attending any of these races, please call or email Ken V. Often we car
pool or meet at these events. If you can't run, you can volunteer, or walk the course.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. New Legal Videos on YouTube.
Self Defense Law and Defense Against Assault Charges [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dus_SPKNFICs%26feature%3Dchannel_page&id=preview]
Assault Simple Assault and Aggravated Assault [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DAghg4IQLiRY%26feature%3Dchannel_page&id=preview]
DWI Questions on Field Sobriety Tests and Arrest [http://rs6.net/tn.jsp?t=mrxgr5cab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DVSRBgROA0RU%26feature%3Dchannel&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editorial Assistance of this email newsletter was provided by Chase Smith. Mr. Smith
is currently participating in Kenneth Vercammen's Summer Internship Program. Mr.
Smith is hoping to become a criminal attorney in the near future.
Wednesday, August 12, 2009
NJ Laws Email Newsletter E312
NJ Laws Email Newsletter E312
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
August 12, 2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In This Issue:
1. Thank you attendees 50th Birthday Party
Recent Important Cases:
2. US Supreme Court Rules Lab Report Not Admissible in Criminal Case.
3. In DWI Alcotest, State Must Prove Defendant was Observed for 20 Minutes Prior
to Test.
4. Miranda Violation cannot be Asserted by Co-defendant.
5. Fun Upcoming Running Races 2009 Selected by Kenneth Vercammen
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
================================================================================
1. Thank you attendees 50th Birthday Party
I thank the numerous friends who attended the 50th Birthday Party for Ken Vercammen
& Jim Capraro. I was honored that so many relatives and neighbors could attend.
We enjoyed sharing stories of great achievements such as winning the Tug-of-War
Championship with Steve Vercammen, Chris Knigge and Greg Halpin.
This party also celebrated my 20 year wedding anniversary with Cynthia. I enjoyed signing "The Wanderer" with groomsmen Mike Sydor, Lance Tkacs, Mike Brennan and Gordon Chin. It was good to see original 1975 summer blast attendee Bob "Huey" Dillon and also Scranton great Young Ray Miller. Numerous prominent attorneys and public officials attended.
Athletes from the Raritan Valley Road Runners RVRR and Jersey Shore Running Club
entertained the neighbors with great, and not as great, karoake singing. A new record was set with 14 people in the Hot Tub. The bottles and gifts received will
be put to good use at future parties.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Important Cases:
2. US Supreme Court Rules Lab Report Not Admissible in Criminal Case. Melendez-Diaz
v. Mass 129 S.Ct. 2527 (2009)
Defendant's drug conviction is reversed, where the trial court's admission of the
prosecution's certificates by laboratory analysts, stating that material seized
by police and connected to Defendant was cocaine of a certain quantity, violated
petitioner's Sixth Amendment right to confront the witnesses against him.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. In DWI Alcotest, State Must Prove Defendant was Observed for 20 Minutes Prior
to Test. State v. Filson___ NJ Super. ___ (Law Div. 2009)
In a DWI municipal appeal, the court held that before Alcotest results may be admitted into evidence, the state must prove, by clear and convincing evidence, that the defendant was observed for 20 minutes before taking the test. Eye-to-eye monitoring is not necessarily required, if the defendant is observed by sound and smell. Yet, if the observer leaves the room during the 20 minutes, observation must begin anew.
What suffices as observation must be determined in view of the observation requirement's purpose to assure that the suspect has not ingested or regurgitated substances that would confound the test results.
Source: New Jersey Law Journal July 27, 2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Miranda Violation cannot be Asserted by Co-defendant. State v. Baum 199 NJ 407
(2009)
Defendant Jermel Moore's motion to suppress evidence found during a warrantless
search of the vehicle in which he was riding should have been denied because he
did not have standing to argue that the driver's right against self-incrimination
was violated and because the search was not unreasonable.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. Fun Upcoming Running Races 2009 Selected by Kenneth Vercammen
Three races in one morning:
8/15 Long Branch Sprint Triathlon Series-
Aug 16 400 mtr swim, 9.5 mile bike,
3 mile run 6:45am
Long Branch NJ Sandy Hooker Event
8/15 Bradley Beach 5k 8:30am
8/15 Rumson Hash Monmouth Park Trail run 10:17am
also 8/16 Born to Tri Asbury Park Swim 1/3 mile, Bike 13.5 miles, Run 3.5 miles
Jersey Shore Tri Club
If you are attending any of these races, please call or email Ken V. Often we car
pool or met at these events. If you can run, you can volunteer, or walk the course.
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
August 12, 2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In This Issue:
1. Thank you attendees 50th Birthday Party
Recent Important Cases:
2. US Supreme Court Rules Lab Report Not Admissible in Criminal Case.
3. In DWI Alcotest, State Must Prove Defendant was Observed for 20 Minutes Prior
to Test.
4. Miranda Violation cannot be Asserted by Co-defendant.
5. Fun Upcoming Running Races 2009 Selected by Kenneth Vercammen
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
================================================================================
1. Thank you attendees 50th Birthday Party
I thank the numerous friends who attended the 50th Birthday Party for Ken Vercammen
& Jim Capraro. I was honored that so many relatives and neighbors could attend.
We enjoyed sharing stories of great achievements such as winning the Tug-of-War
Championship with Steve Vercammen, Chris Knigge and Greg Halpin.
This party also celebrated my 20 year wedding anniversary with Cynthia. I enjoyed signing "The Wanderer" with groomsmen Mike Sydor, Lance Tkacs, Mike Brennan and Gordon Chin. It was good to see original 1975 summer blast attendee Bob "Huey" Dillon and also Scranton great Young Ray Miller. Numerous prominent attorneys and public officials attended.
Athletes from the Raritan Valley Road Runners RVRR and Jersey Shore Running Club
entertained the neighbors with great, and not as great, karoake singing. A new record was set with 14 people in the Hot Tub. The bottles and gifts received will
be put to good use at future parties.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Important Cases:
2. US Supreme Court Rules Lab Report Not Admissible in Criminal Case. Melendez-Diaz
v. Mass 129 S.Ct. 2527 (2009)
Defendant's drug conviction is reversed, where the trial court's admission of the
prosecution's certificates by laboratory analysts, stating that material seized
by police and connected to Defendant was cocaine of a certain quantity, violated
petitioner's Sixth Amendment right to confront the witnesses against him.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. In DWI Alcotest, State Must Prove Defendant was Observed for 20 Minutes Prior
to Test. State v. Filson___ NJ Super. ___ (Law Div. 2009)
In a DWI municipal appeal, the court held that before Alcotest results may be admitted into evidence, the state must prove, by clear and convincing evidence, that the defendant was observed for 20 minutes before taking the test. Eye-to-eye monitoring is not necessarily required, if the defendant is observed by sound and smell. Yet, if the observer leaves the room during the 20 minutes, observation must begin anew.
What suffices as observation must be determined in view of the observation requirement's purpose to assure that the suspect has not ingested or regurgitated substances that would confound the test results.
Source: New Jersey Law Journal July 27, 2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Miranda Violation cannot be Asserted by Co-defendant. State v. Baum 199 NJ 407
(2009)
Defendant Jermel Moore's motion to suppress evidence found during a warrantless
search of the vehicle in which he was riding should have been denied because he
did not have standing to argue that the driver's right against self-incrimination
was violated and because the search was not unreasonable.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. Fun Upcoming Running Races 2009 Selected by Kenneth Vercammen
Three races in one morning:
8/15 Long Branch Sprint Triathlon Series-
Aug 16 400 mtr swim, 9.5 mile bike,
3 mile run 6:45am
Long Branch NJ Sandy Hooker Event
8/15 Bradley Beach 5k 8:30am
8/15 Rumson Hash Monmouth Park Trail run 10:17am
also 8/16 Born to Tri Asbury Park Swim 1/3 mile, Bike 13.5 miles, Run 3.5 miles
Jersey Shore Tri Club
If you are attending any of these races, please call or email Ken V. Often we car
pool or met at these events. If you can run, you can volunteer, or walk the course.
Wednesday, July 22, 2009
NJ Laws Email Newsletter E311
NJ Laws Email Newsletter E311
Kenneth Vercammen, Attorney at Law
July 22, 2009
In This Issue:
1. Refusal Guilty Plea Vacated where Judge did not take Factual Basis from Non-English Fluent Driver.
2. Next Community Events
3. Recent Video Legal Podcasts
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
Greetings!
1. Refusal Guilty Plea Vacated where Judge did not take Factual Basis from Non-English Fluent Driver. State v. Kesavan (App. Div.) decided May 26, 2009 05-2-3928 Unpublished
Defendant appeals from his de novo conviction for refusal to submit to a breathalyzer and leaving the scene of an accident. Defendant is not a native speaker and does not appear on the record to be particularly fluent in English. Defendant was not asked if his plea was being made voluntarily or whether he was being forced or coerced. No testimony was taken to establish defendant's knowing, intelligent and voluntary waiver of his right to a trial. Nothing in the record establishes an adequate factual basis. Accordingly, the appellate panel vacates the guilty pleas and remands the matter for trial.
Source: N.J.L.J. Daily Briefing - 05/27/2009
2. Next Community Events
July 25, 2009 Parker House 2 mile Fun Run
2 mile Sea Girt - Free Beer
_______________________________________
July 26, 2009 Jersey State Triathlon USAT
Sanctioned Mercer County Park
_______________________________________
July 29, 2009
Annual Client Lunch & Probate Seminar
Past Clients are invited to our annual Client lunch and the "2009 update of the Wills and Estate Planning Seminar."
WHEN: Wednesday, July 29th 12:30-1:15PM
WHERE: Law Office of Kenneth Vercammen, Edison, NJ 2nd Floor
You must RSVP to: Kenvnjlaws@verizon.net
Space is limited to fifteen people.
_______________________________________
Defending Internet Related Crimes Program
Friday, July 31 8:30AM to 10:00AM
General Practice, Solo and Small Firm
All Presidential CLE Centre Programs will be held at the Hyatt Regency Chicago.
For ABA registration, contact CDS/ Travel Planners at 800-915-9801
Elder Law, Estate Planning & Probate -
New ideas to expand & excel your practice
Sat. August 1, 2009 2:00pm -3:30pm
Hyatt Regency Hotel, Chicago
ABA Annual Meeting
Speakers:
Jay Foonberg, Esq.
Author of Best Sellers "How to Start and Build a Law Practice" and "How to get and keep good clients",
Beverly Hills, CA
Kenneth A. Vercammen, Esq.
co-author "Nuts & Bolts of Elder Law",
Edison, NJ
Deborah Cole, Chicago
Contributing Author, Your Life, Your Legacy: The Fundamentals of Effective Estate Planning, Publisher's ExpressPress
3. Recent Video Legal Podcasts
Domestic Violence Defense
http://www.youtube.com/watch?v=HBLVlKyqPIg&feature=channel_page
Hit & Run Accidents and Money Damages for Injured Persons
http://www.youtube.com/watch?v=38GEk761-BI&feature=channel_page
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
Thank you for reading our newsletter! God Bless America USA #1
Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at:(newsletter@njlaws.com)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Kenneth Vercammen, Attorney at Law
July 22, 2009
In This Issue:
1. Refusal Guilty Plea Vacated where Judge did not take Factual Basis from Non-English Fluent Driver.
2. Next Community Events
3. Recent Video Legal Podcasts
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
Greetings!
1. Refusal Guilty Plea Vacated where Judge did not take Factual Basis from Non-English Fluent Driver. State v. Kesavan (App. Div.) decided May 26, 2009 05-2-3928 Unpublished
Defendant appeals from his de novo conviction for refusal to submit to a breathalyzer and leaving the scene of an accident. Defendant is not a native speaker and does not appear on the record to be particularly fluent in English. Defendant was not asked if his plea was being made voluntarily or whether he was being forced or coerced. No testimony was taken to establish defendant's knowing, intelligent and voluntary waiver of his right to a trial. Nothing in the record establishes an adequate factual basis. Accordingly, the appellate panel vacates the guilty pleas and remands the matter for trial.
Source: N.J.L.J. Daily Briefing - 05/27/2009
2. Next Community Events
July 25, 2009 Parker House 2 mile Fun Run
2 mile Sea Girt - Free Beer
_______________________________________
July 26, 2009 Jersey State Triathlon USAT
Sanctioned Mercer County Park
_______________________________________
July 29, 2009
Annual Client Lunch & Probate Seminar
Past Clients are invited to our annual Client lunch and the "2009 update of the Wills and Estate Planning Seminar."
WHEN: Wednesday, July 29th 12:30-1:15PM
WHERE: Law Office of Kenneth Vercammen, Edison, NJ 2nd Floor
You must RSVP to: Kenvnjlaws@verizon.net
Space is limited to fifteen people.
_______________________________________
Defending Internet Related Crimes Program
Friday, July 31 8:30AM to 10:00AM
General Practice, Solo and Small Firm
All Presidential CLE Centre Programs will be held at the Hyatt Regency Chicago.
For ABA registration, contact CDS/ Travel Planners at 800-915-9801
Elder Law, Estate Planning & Probate -
New ideas to expand & excel your practice
Sat. August 1, 2009 2:00pm -3:30pm
Hyatt Regency Hotel, Chicago
ABA Annual Meeting
Speakers:
Jay Foonberg, Esq.
Author of Best Sellers "How to Start and Build a Law Practice" and "How to get and keep good clients",
Beverly Hills, CA
Kenneth A. Vercammen, Esq.
co-author "Nuts & Bolts of Elder Law",
Edison, NJ
Deborah Cole, Chicago
Contributing Author, Your Life, Your Legacy: The Fundamentals of Effective Estate Planning, Publisher's ExpressPress
3. Recent Video Legal Podcasts
Domestic Violence Defense
http://www.youtube.com/watch?v=HBLVlKyqPIg&feature=channel_page
Hit & Run Accidents and Money Damages for Injured Persons
http://www.youtube.com/watch?v=38GEk761-BI&feature=channel_page
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
Thank you for reading our newsletter! God Bless America USA #1
Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at:(newsletter@njlaws.com)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Friday, July 17, 2009
NJ Laws Email Newsletter E310
NJ Laws Email Newsletter E310
Kenneth Vercammen, Attorney at Law
July 17, 2009
In This Issue
_______________
1. Erase & Hide Criminal Arrests
Recent Important Cases...
2. Domestic Violence Final Restraining Order Reversed Where Judge did not advise Defendant of Right to Cross-examine Witness.
3. MVC can Suspend DL if NJ Driver Suspended in Another State in Prior Year.
4. Annual Client Lunch and Probate Seminar
5. Reminder: Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party.
6. Termination of Child Support upon Emancipation in New Jersey
7. Edison Community Pool Memberships Available for Summer 2009.
Greetings!
1. Erase & Hide Criminal Arrests
Attention individuals with criminal arrests from their past. Legally erase criminal arrests. If someone had been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed.
Under NJSA 2C:52-1 et seq. past criminal arrests and convictions can be expunged/ erased under certain instances. We always recommend individuals hire an attorney to obtain an expungement. The process for all Expungements is held in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal cases are finished.
When retaining the attorney, obtain a "certified disposition" of the court's decision, from the Court itself. Court costs and Legal fees for expungement range from $1,500- $2,500.
Recent Important Cases:
2. Domestic Violence Final Restraining Order Reversed Where Judge did not advise Defendant of Right to Cross-examine Witness. Rivas v. Colon (App. Div.) decided Feb. 9, 2009 20-2-2707 Unpublished.
The final restraining order entered in this domestic violence action is vacated, the temporary restraining order is reinstated, and the matter is remanded for retrial since the procedure followed by the trial judge - including no mention of defendant's right of cross-examination or to call witnesses and the recitation of the allegations of the complaint by the judge without testimony by plaintiff - violated defendant's right to due process.
Source: N.J.L.J. Daily Briefing - 02/10/2009
3. MVC can Suspend DL if NJ Driver Suspended in Another State in Prior Year. Olsvary v. New Jersey Motor Vehicle Commission (App. Div.) decided April 29, 2009 05-2-3670 Unpublished
Appellant appealed from a final decision of the Motor Vehicle Commission (MVC) that denied her request for an administrative hearing and upheld the suspension of her New Jersey driving privileges following her plea of nolo contendere to a Florida charge of driving while intoxicated. Pursuant to the Interstate Driver License Compact, the Florida conviction was transmitted to the MVC. Appellant mistakenly believed her New Jersey driving privileges were suspended contemporaneously with her Florida privileges. The appellate panel affirmed, finding no due process violation in the agency's failure to conduct an administrative hearing where appellant presented no disputed issues of material fact when requesting a hearing.
Source: 196 N.J.L.J. 336
4. Annual Client Lunch and Probate Seminar
Past Clients are invited to our annual Client lunch and the "2009 update of the Wills and Estate Planning Seminar."
WHEN: July 29, 2009 12:30-1:15PM
WHERE: Law Office of Kenneth Vercammen, Edison, NJ 2nd Floor
You must RSVP to Kenvnjlaws@verizon.net. Space is limited to fifteen people.
5. Reminder: Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party
Saturday, July 18 5pm- 11pm
Could the legendary giant elephant appear for elephant rides?
Friends for 50th birthday party should RSVP to kenvnjlaws@verizon.net.
6. Termination of Child Support upon Emancipation in New Jersey
Child support is usually paid through a wage withholding garnishment at the parent's job. Child support orders and wage withholding continue forever against you until a Superior Court Judge signs a Formal Court Order terminating or modifying support. It is not sufficient for you to simply wait for a child to finish school. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation.
For example, the term "emancipation" is sometimes defined as follows: (i) The completion of the child's formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing grades the child shall not be considered emancipated. (ii) Upon the completion of any of the aforesaid segments of the child's education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shall be deemed emancipated unless failure to continue on with his education has resulted from injury or illness or some other cause beyond the child's control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child.
Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papers including a copy of the Final Judgment for Divorce, any other Child Support Orders, copy of birth certificate if available, proof of graduation from school or working full time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order which your attorney can file without the need for a formal Motion. However, generally a Formal written Notice of Motion must be filed in the County Superior Court where the child support Order was entered.
The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates high school. Most child support Orders continue child support if the child is in college full time. However, don't give up. In the unreported Appellate Division decision of Kozak v Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus. The judge properly determined it was appropriate to calculate child support only for the period of time the child was not residing at college.
7. Edison Community Pool Memberships Available for Summer 2009.
The Metuchen Branch YMCA and the Edison Elks are once again pleased to co-sponsor the Edison Community Pool, located on Old Post Road in Edison. They look forward to serving the South Edison Community and surrounding areas this summer, 2009.
Facilities: The newly renovated Edison Community Pool located on Old Post Road in South Edison is surrounded by a wooded picnic area. The facility boasts a 25 yard, 4-lane pool, water slide and a kiddie pool for youngsters. Bathrooms with showers and a snack area with vending machines are conveniently located around the pool area. A sand-filled volleyball court, basketball courts and playground make this swim club a place for family fun.
Dates and Hours of Operation: The Edison Community Pool will open Beginning , June 19, the pool will be open weekdays from 12:00 pm-8:00 pm through Labor Day, September 1.
Membership Type:
(Proof of age may be required at the discretion of YMCA management)
2009 Pool Fees
Family: $345.00
Family Plus: $399.00
Same as above plus one additional person who permanently resides with the family (grandparent, aunt, uncle, au pair, etc)
*Proof of residence required
Individual: $189.00
10 years or older
Senior Citizen: $130.00
Any resident over 65 years of age
Senior Couple: $210.00
2 senior citizens over 65 years of age residing in a single residence
Active Edison Elk #2487 Lodge Members: 20% discount and Metuchen Branch YMCA members are entitled to a 10% discount. Valid membership cards are required to receive an in-person discount at time of registration.
For more information, stop by any operating day during the pool season.
For more information call the YMCA at 732-548-2044.
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
Thank you for reading our newsletter! God Bless America USA #1
Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at:(newsletter@njlaws.com)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Kenneth Vercammen, Attorney at Law
July 17, 2009
In This Issue
_______________
1. Erase & Hide Criminal Arrests
Recent Important Cases...
2. Domestic Violence Final Restraining Order Reversed Where Judge did not advise Defendant of Right to Cross-examine Witness.
3. MVC can Suspend DL if NJ Driver Suspended in Another State in Prior Year.
4. Annual Client Lunch and Probate Seminar
5. Reminder: Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party.
6. Termination of Child Support upon Emancipation in New Jersey
7. Edison Community Pool Memberships Available for Summer 2009.
Greetings!
1. Erase & Hide Criminal Arrests
Attention individuals with criminal arrests from their past. Legally erase criminal arrests. If someone had been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed.
Under NJSA 2C:52-1 et seq. past criminal arrests and convictions can be expunged/ erased under certain instances. We always recommend individuals hire an attorney to obtain an expungement. The process for all Expungements is held in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal cases are finished.
When retaining the attorney, obtain a "certified disposition" of the court's decision, from the Court itself. Court costs and Legal fees for expungement range from $1,500- $2,500.
Recent Important Cases:
2. Domestic Violence Final Restraining Order Reversed Where Judge did not advise Defendant of Right to Cross-examine Witness. Rivas v. Colon (App. Div.) decided Feb. 9, 2009 20-2-2707 Unpublished.
The final restraining order entered in this domestic violence action is vacated, the temporary restraining order is reinstated, and the matter is remanded for retrial since the procedure followed by the trial judge - including no mention of defendant's right of cross-examination or to call witnesses and the recitation of the allegations of the complaint by the judge without testimony by plaintiff - violated defendant's right to due process.
Source: N.J.L.J. Daily Briefing - 02/10/2009
3. MVC can Suspend DL if NJ Driver Suspended in Another State in Prior Year. Olsvary v. New Jersey Motor Vehicle Commission (App. Div.) decided April 29, 2009 05-2-3670 Unpublished
Appellant appealed from a final decision of the Motor Vehicle Commission (MVC) that denied her request for an administrative hearing and upheld the suspension of her New Jersey driving privileges following her plea of nolo contendere to a Florida charge of driving while intoxicated. Pursuant to the Interstate Driver License Compact, the Florida conviction was transmitted to the MVC. Appellant mistakenly believed her New Jersey driving privileges were suspended contemporaneously with her Florida privileges. The appellate panel affirmed, finding no due process violation in the agency's failure to conduct an administrative hearing where appellant presented no disputed issues of material fact when requesting a hearing.
Source: 196 N.J.L.J. 336
4. Annual Client Lunch and Probate Seminar
Past Clients are invited to our annual Client lunch and the "2009 update of the Wills and Estate Planning Seminar."
WHEN: July 29, 2009 12:30-1:15PM
WHERE: Law Office of Kenneth Vercammen, Edison, NJ 2nd Floor
You must RSVP to Kenvnjlaws@verizon.net. Space is limited to fifteen people.
5. Reminder: Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party
Saturday, July 18 5pm- 11pm
Could the legendary giant elephant appear for elephant rides?
Friends for 50th birthday party should RSVP to kenvnjlaws@verizon.net.
6. Termination of Child Support upon Emancipation in New Jersey
Child support is usually paid through a wage withholding garnishment at the parent's job. Child support orders and wage withholding continue forever against you until a Superior Court Judge signs a Formal Court Order terminating or modifying support. It is not sufficient for you to simply wait for a child to finish school. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation.
For example, the term "emancipation" is sometimes defined as follows: (i) The completion of the child's formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing grades the child shall not be considered emancipated. (ii) Upon the completion of any of the aforesaid segments of the child's education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shall be deemed emancipated unless failure to continue on with his education has resulted from injury or illness or some other cause beyond the child's control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child.
Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papers including a copy of the Final Judgment for Divorce, any other Child Support Orders, copy of birth certificate if available, proof of graduation from school or working full time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order which your attorney can file without the need for a formal Motion. However, generally a Formal written Notice of Motion must be filed in the County Superior Court where the child support Order was entered.
The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates high school. Most child support Orders continue child support if the child is in college full time. However, don't give up. In the unreported Appellate Division decision of Kozak v Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus. The judge properly determined it was appropriate to calculate child support only for the period of time the child was not residing at college.
7. Edison Community Pool Memberships Available for Summer 2009.
The Metuchen Branch YMCA and the Edison Elks are once again pleased to co-sponsor the Edison Community Pool, located on Old Post Road in Edison. They look forward to serving the South Edison Community and surrounding areas this summer, 2009.
Facilities: The newly renovated Edison Community Pool located on Old Post Road in South Edison is surrounded by a wooded picnic area. The facility boasts a 25 yard, 4-lane pool, water slide and a kiddie pool for youngsters. Bathrooms with showers and a snack area with vending machines are conveniently located around the pool area. A sand-filled volleyball court, basketball courts and playground make this swim club a place for family fun.
Dates and Hours of Operation: The Edison Community Pool will open Beginning , June 19, the pool will be open weekdays from 12:00 pm-8:00 pm through Labor Day, September 1.
Membership Type:
(Proof of age may be required at the discretion of YMCA management)
2009 Pool Fees
Family: $345.00
Family Plus: $399.00
Same as above plus one additional person who permanently resides with the family (grandparent, aunt, uncle, au pair, etc)
*Proof of residence required
Individual: $189.00
10 years or older
Senior Citizen: $130.00
Any resident over 65 years of age
Senior Couple: $210.00
2 senior citizens over 65 years of age residing in a single residence
Active Edison Elk #2487 Lodge Members: 20% discount and Metuchen Branch YMCA members are entitled to a 10% discount. Valid membership cards are required to receive an in-person discount at time of registration.
For more information, stop by any operating day during the pool season.
For more information call the YMCA at 732-548-2044.
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
Thank you for reading our newsletter! God Bless America USA #1
Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at:(newsletter@njlaws.com)
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 23 years of providing excellent service to clients 1985-2009" Former Prosecutor.
Free T- shirts and soda can holders available for all current and past clients. Please come into the office.
Wednesday, July 01, 2009
NJ Laws Email Newsletter E309
NJ Laws Email Newsletter E309
Kenneth Vercammen, Attorney at Law
July 1, 2009
In This Issue
_______________
Recent Important Cases...
1. Idling While Drunk is not DWI.
2. Harassment Required Proof of Intent to Alarm or Annoy.
________________
3. Upcoming Events:
Belmar Five Mile Run - New Team Competition. Need Team Members.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
Greetings!
School's Out. Now is the time to prepare your Will and do Estate Planning prior to traveling on vacation. Please call our office today to schedule an appointment.
Recent Important Cases...
1. Idling While Drunk is not DWI. State v. Putz (App. Div.) decided May 26, 2009 Docket 05-2-3929 Unpublished
Defendant appeals his conviction of driving under the influence of alcohol. The arresting officer observed and approached defendant's truck, in which he was sleeping, that was parked with the engine running in a turnaround on private property. Because the record does not support a finding beyond a reasonable doubt that defendant intended to operate his vehicle at the time of his arrest, the appellate panel reversed.
Source: N.J.L.J. Daily Briefing - 05/27/2009
2. Harassment Required Proof of Intent to Alarm or Annoy. State v. DeGiulio (App. Div.) decided May 20, 2009 14-2-3889 Unpublished
Where defendant was charged only with violating N.J.S.A. 2C:33-4(c), the judge erred in sua sponte amending the complaint to include violations under 4(a) and 4(b) and defendant's convictions for harassment under the latter two provisions are reversed. His conviction under 4(c) must be reversed as the State failed to prove a course of alarming conduct or of repeatedly committed acts done with the purpose to alarm or seriously annoy his ex-wife. His conviction for contempt under N.J.S.A. 2C:29-9(b) for knowingly violating the terms of the FRO previously entered against him is also reversed since there was no evidence of a harassing communication with his ex-wife nor did he commit an act of domestic violence against her when a near collision occurred when they both pulled their cars out of their parking spaces at the same time during a parenting exchange.
Source: NJ Law Journal 196 NJLJ 553 May 25
3. Upcoming Events: Belmar Five Mile Run - New Team Competition. Need Team Members
Saturday, July 11, 2009 at 8:30 am
Kenneth Vercammen is putting together 3 teams of both competitive and non-competitive runners. If you can finish 5 miles in less than 1 hour, you can be on our team of fun.
Our winning teams in 2008 won free beer tickets. individual Application online at:
http://www.belmar5.com/belmar.pdf or go to:
http://Active.com.
The name of Ken's teams are US Olympic Development 1, Olympic Development 2, and US Olympic Development 3 [just trying to finish] . We will have runners from several running clubs, including RVRR. JSRC, CJRR & Sandy Hooker Tri Club.
You do not need to be a member of USATF or any club to be on a team. We would like 30 people of different abilities.
Post Race Activities
Enjoy a complimentary massage and stop by the sponsor and merchant tables in Silver Lake Park, for sampling and giveaways.
Team awards, music and Beach party, after the race at Bar Anticipation.
Bring your Belmar Five Mug - mug discounts all day after the Race!
Bar Anticipation - 703 16th Avenue, Lake Como (formerly South Belmar)
If you have or will enter, email Ken V at KenV@njlaws.com
Call Kenneth Vercammen at 732-572-0500
More details on Belmar 5 at: http://www.belmar5.com/
Reminder: Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party
Saturday July 18 5pm- 11pm
Join us for an exciting evening. Swimming Pool, Food, 8 person Hot tub plus Tiki Bar. DJ Blender drinks
BUCKAROO BARBEQUE
Country Western BBQ Benefit for Zachary Nemeth
LET'S "GET ON TRACK WITH ZACH"
Sunday, July 19, 2009
Zachary Nemeth is a two year old little boy who was born with multiple disabilities and is developmentally delayed. He suffers from muscular weakness and cannot swallow. As a result, he has a tracheotomy and a feeding tube. Zachary is under constant medical care and needs occupational, physical and swallow therapies. He has been hospitalized several times and will need more surgeries in the near future.
Zachary is continuing his developmental progress at home, in Helmetta, with around the clock care of nurses, and his mother, Barbara. However, despite the devotion of family and friends, the Nemeth family has been financially burdened with countless medical and daily living expenses. They need our help. So Please Open Up Your Hearts and Help Zach Stay on Track.
WHERE: EAST BRUNSWICK ELKS LODGE at 21B Oakmont Ave., East Brunswick (732)821-9527 (go to www.ebelks.com for directions)
WHEN: Sunday, July 19, 2009 (Rain or Shine) (outside event, please bring your lawn chairs)
TIME: 12:00PM - 7:00 PM
(Line Dance lessons 12PM - 1PM)
COST: $30 Per Person
Children 3-6 yrs old $15
2 and under Free
Price includes: BBQ food, desserts, soda, coffee/tea, live entertainment and DJ for dancing
The following bands and DJ will be performing:
"DUE SOUTH"
"SILVER SPURRS"
"JT AND FRIENDS"
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
Kenneth Vercammen, Attorney at Law
July 1, 2009
In This Issue
_______________
Recent Important Cases...
1. Idling While Drunk is not DWI.
2. Harassment Required Proof of Intent to Alarm or Annoy.
________________
3. Upcoming Events:
Belmar Five Mile Run - New Team Competition. Need Team Members.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
Greetings!
School's Out. Now is the time to prepare your Will and do Estate Planning prior to traveling on vacation. Please call our office today to schedule an appointment.
Recent Important Cases...
1. Idling While Drunk is not DWI. State v. Putz (App. Div.) decided May 26, 2009 Docket 05-2-3929 Unpublished
Defendant appeals his conviction of driving under the influence of alcohol. The arresting officer observed and approached defendant's truck, in which he was sleeping, that was parked with the engine running in a turnaround on private property. Because the record does not support a finding beyond a reasonable doubt that defendant intended to operate his vehicle at the time of his arrest, the appellate panel reversed.
Source: N.J.L.J. Daily Briefing - 05/27/2009
2. Harassment Required Proof of Intent to Alarm or Annoy. State v. DeGiulio (App. Div.) decided May 20, 2009 14-2-3889 Unpublished
Where defendant was charged only with violating N.J.S.A. 2C:33-4(c), the judge erred in sua sponte amending the complaint to include violations under 4(a) and 4(b) and defendant's convictions for harassment under the latter two provisions are reversed. His conviction under 4(c) must be reversed as the State failed to prove a course of alarming conduct or of repeatedly committed acts done with the purpose to alarm or seriously annoy his ex-wife. His conviction for contempt under N.J.S.A. 2C:29-9(b) for knowingly violating the terms of the FRO previously entered against him is also reversed since there was no evidence of a harassing communication with his ex-wife nor did he commit an act of domestic violence against her when a near collision occurred when they both pulled their cars out of their parking spaces at the same time during a parenting exchange.
Source: NJ Law Journal 196 NJLJ 553 May 25
3. Upcoming Events: Belmar Five Mile Run - New Team Competition. Need Team Members
Saturday, July 11, 2009 at 8:30 am
Kenneth Vercammen is putting together 3 teams of both competitive and non-competitive runners. If you can finish 5 miles in less than 1 hour, you can be on our team of fun.
Our winning teams in 2008 won free beer tickets. individual Application online at:
http://www.belmar5.com/belmar.pdf or go to:
http://Active.com.
The name of Ken's teams are US Olympic Development 1, Olympic Development 2, and US Olympic Development 3 [just trying to finish] . We will have runners from several running clubs, including RVRR. JSRC, CJRR & Sandy Hooker Tri Club.
You do not need to be a member of USATF or any club to be on a team. We would like 30 people of different abilities.
Post Race Activities
Enjoy a complimentary massage and stop by the sponsor and merchant tables in Silver Lake Park, for sampling and giveaways.
Team awards, music and Beach party, after the race at Bar Anticipation.
Bring your Belmar Five Mug - mug discounts all day after the Race!
Bar Anticipation - 703 16th Avenue, Lake Como (formerly South Belmar)
If you have or will enter, email Ken V at KenV@njlaws.com
Call Kenneth Vercammen at 732-572-0500
More details on Belmar 5 at: http://www.belmar5.com/
Reminder: Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party
Saturday July 18 5pm- 11pm
Join us for an exciting evening. Swimming Pool, Food, 8 person Hot tub plus Tiki Bar. DJ Blender drinks
BUCKAROO BARBEQUE
Country Western BBQ Benefit for Zachary Nemeth
LET'S "GET ON TRACK WITH ZACH"
Sunday, July 19, 2009
Zachary Nemeth is a two year old little boy who was born with multiple disabilities and is developmentally delayed. He suffers from muscular weakness and cannot swallow. As a result, he has a tracheotomy and a feeding tube. Zachary is under constant medical care and needs occupational, physical and swallow therapies. He has been hospitalized several times and will need more surgeries in the near future.
Zachary is continuing his developmental progress at home, in Helmetta, with around the clock care of nurses, and his mother, Barbara. However, despite the devotion of family and friends, the Nemeth family has been financially burdened with countless medical and daily living expenses. They need our help. So Please Open Up Your Hearts and Help Zach Stay on Track.
WHERE: EAST BRUNSWICK ELKS LODGE at 21B Oakmont Ave., East Brunswick (732)821-9527 (go to www.ebelks.com for directions)
WHEN: Sunday, July 19, 2009 (Rain or Shine) (outside event, please bring your lawn chairs)
TIME: 12:00PM - 7:00 PM
(Line Dance lessons 12PM - 1PM)
COST: $30 Per Person
Children 3-6 yrs old $15
2 and under Free
Price includes: BBQ food, desserts, soda, coffee/tea, live entertainment and DJ for dancing
The following bands and DJ will be performing:
"DUE SOUTH"
"SILVER SPURRS"
"JT AND FRIENDS"
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.
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