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 decided May 26, 2009 Docket 05-2-3929 Unpublished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 decided May 20, 2009 14-2-3889 Unpublished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.
Wednesday, July 01, 2009
Friday, June 26, 2009
NJ Laws Email Newsletter E308
June 26, 2009
In This Issue
_______________
Recent Important Cases...
1. Police cannot Search Car Passenger Compartment if Occupant Already Arrested.
2. Ordinance can bar taking of Photos for Sale.
3. Rat Balloon Ordinance Violates Free Speech.
________________
4. Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party.
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
Greetings!
Recent Important Cases...
1. Police cannot Search Car Passenger Compartment if Occupant Already Arrested. Arizona v. Gant 129 S. Ct. 1710 (2009)
Police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that an arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest. The Arizona Supreme Court's reversal of Defendant's drug conviction is affirmed.
2. Ordinance can bar taking of Photos for Sale. State v. Chepilko 405 NJ Super. 446 (App. Div. 2009)
The taking of photographs of persons walking on the Atlantic City Boardwalk and then attempting to sell the photographs to the subjects does not constitute expressive conduct entitled to First Amendment protection that insulates a person engaged in this activity from prosecution for a violation of municipal other Boardwalk.
3. Rat Balloon Ordinance Violates Free Speech. State v. DeAngelo 197 NJ 478 (2009)
The Lawrence Township sign ordinance violates the First Amendment right to free speech and is overbroad.
4. Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party
WHEN: Saturday, July 18 5pm- 11pm
Join us for an exciting evening. Swimming Pool, Food, 8 person Hot tub plus Tiki Bar. DJ Blender drinks
LOCATION: South Brunswick NJ at 16 & 17 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)
DIRECTIONS: Visit our website at www.njlaws.com for directions to Ireland Brook Dr., or email/fax/call and we will send directions
Yes, We will be attending the party - email yes
kenvnjlaws@verizon.net
Name: _____________________________
No gifts please.
Ok to bring something for the Tiki Bar!
http://www.facebook.com/event.php?eid=91508471625
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel
Federal Estate & Gift Tax Changes
http://www.youtube.com/watch?v=vCslLgdSalk
Inheritance Tax Returns
http://www.youtube.com/watch?v=cz1V3W1e1FA
Duty of Executor of Will
http://www.youtube.com/watch?v=SJgLT-EYifA
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.
In This Issue
_______________
Recent Important Cases...
1. Police cannot Search Car Passenger Compartment if Occupant Already Arrested.
2. Ordinance can bar taking of Photos for Sale.
3. Rat Balloon Ordinance Violates Free Speech.
________________
4. Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party.
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
Greetings!
Recent Important Cases...
1. Police cannot Search Car Passenger Compartment if Occupant Already Arrested. Arizona v. Gant 129 S. Ct. 1710 (2009)
Police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that an arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest. The Arizona Supreme Court's reversal of Defendant's drug conviction is affirmed.
2. Ordinance can bar taking of Photos for Sale. State v. Chepilko 405 NJ Super. 446 (App. Div. 2009)
The taking of photographs of persons walking on the Atlantic City Boardwalk and then attempting to sell the photographs to the subjects does not constitute expressive conduct entitled to First Amendment protection that insulates a person engaged in this activity from prosecution for a violation of municipal other Boardwalk.
3. Rat Balloon Ordinance Violates Free Speech. State v. DeAngelo 197 NJ 478 (2009)
The Lawrence Township sign ordinance violates the First Amendment right to free speech and is overbroad.
4. Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party
WHEN: Saturday, July 18 5pm- 11pm
Join us for an exciting evening. Swimming Pool, Food, 8 person Hot tub plus Tiki Bar. DJ Blender drinks
LOCATION: South Brunswick NJ at 16 & 17 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)
DIRECTIONS: Visit our website at www.njlaws.com for directions to Ireland Brook Dr., or email/fax/call and we will send directions
Yes, We will be attending the party - email yes
kenvnjlaws@verizon.net
Name: _____________________________
No gifts please.
Ok to bring something for the Tiki Bar!
http://www.facebook.com/event.php?eid=91508471625
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel
Federal Estate & Gift Tax Changes
http://www.youtube.com/watch?v=vCslLgdSalk
Inheritance Tax Returns
http://www.youtube.com/watch?v=cz1V3W1e1FA
Duty of Executor of Will
http://www.youtube.com/watch?v=SJgLT-EYifA
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, June 17, 2009
NJ Laws Email Newsletter E307
NJ Laws Email Newsletter E307
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
June 17, 2009
In This Issue
_______________
Recent Important Cases...
1. Six-month Alcotest Inspection Applies after March 17, 2008.
2. Three-Year-Old's Statements Admissible under Tender Years Exception to Hearsay.
3. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NJLaws.Com LINKS
Main Website with 500 [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings Kenneth Vercammen,
HAPPY FATHER'S DAY!
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Important Cases...
1. Six-month Alcotest Inspection Applies after March 17, 2008. State v. Pollock 07 NJ Super. 100 (App. Div. 2009)
Defendant appealed his conviction for a per se violation of N.J.S.A. 39:4-50, driving with a blood alcohol concentration of 0.08 percent or more. The Court is called upon to determine whether the semiannual-recalibration requirement for Alcotest
machines, established by the Supreme Court in State v. Chun, 194 N.J. 54, cert. denied, ___ U.S. ___, 129 S. Ct. 158, 172 L. Ed. 2d 41 (2008), is applicable to cases in which the test was administered prior to Chun and in compliance with the
then existing annual-recalibration protocol. Because the court determined that the change mandated by Chun was not intended to be applied to such, the court affirmed the conviction.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Three-Year-Old's Statements Admissible under Tender Years Exception to Hearsay.
State v. Coder 198 NJ 451 (Decided May 4, 2009) A-28-08
In defendant's criminal trial on charges of sexual assault on a minor, the out-of-court statements by the victim - a three-year-old child - as testified to by her mother, were properly admitted because the statements were the tender years exception to the hearsay rule. Additionally, because the child's statements were not testimonial, they did not implicate the defendant's Confrontation
Clause rights.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
Competency to Sign a Will
http://www.youtube.com/watch?v=GM9n7CVw-vI [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DGM9n7CVw-vI&id=preview]
Will Interview with an Attorney
http://www.youtube.com/watch?v=NG7AIaXWhNc&feature=channel_page [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DNG7AIaXWhNc%26feature%3Dchannel_page&id=preview]
Living Wills for Gay & Lesbian
http://www.youtube.com/watch?v=uu6Wtnt4J5Q&feature=channel_page
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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
[mailto:newsletter@njlaws.com])
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjcriminallaw.blogspot.com%2F&id=preview&id=preview]/
NJ Personal Injury & Civil Law Blog-http://njlawspersonalinjury.blogspot.com
[http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlawspersonalinjury.blogspot.com%2F&id=preview&id=preview]/
NJ Elder Law Blog -http://elder-law.blogspot.com/ [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Felder-law.blogspot.com%2F&id=preview&id=preview]
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.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editor's Note and Disclaimer:
All materials Copyright 2009. You may pass along the information on the NJ Laws
Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlaws.com%2F&id=preview&id=preview]
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court
and Federal District Court
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
June 17, 2009
In This Issue
_______________
Recent Important Cases...
1. Six-month Alcotest Inspection Applies after March 17, 2008.
2. Three-Year-Old's Statements Admissible under Tender Years Exception to Hearsay.
3. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
NJLaws.Com LINKS
Main Website with 500 [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings Kenneth Vercammen,
HAPPY FATHER'S DAY!
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Important Cases...
1. Six-month Alcotest Inspection Applies after March 17, 2008. State v. Pollock 07 NJ Super. 100 (App. Div. 2009)
Defendant appealed his conviction for a per se violation of N.J.S.A. 39:4-50, driving with a blood alcohol concentration of 0.08 percent or more. The Court is called upon to determine whether the semiannual-recalibration requirement for Alcotest
machines, established by the Supreme Court in State v. Chun, 194 N.J. 54, cert. denied, ___ U.S. ___, 129 S. Ct. 158, 172 L. Ed. 2d 41 (2008), is applicable to cases in which the test was administered prior to Chun and in compliance with the
then existing annual-recalibration protocol. Because the court determined that the change mandated by Chun was not intended to be applied to such, the court affirmed the conviction.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Three-Year-Old's Statements Admissible under Tender Years Exception to Hearsay.
State v. Coder 198 NJ 451 (Decided May 4, 2009) A-28-08
In defendant's criminal trial on charges of sexual assault on a minor, the out-of-court statements by the victim - a three-year-old child - as testified to by her mother, were properly admitted because the statements were the tender years exception to the hearsay rule. Additionally, because the child's statements were not testimonial, they did not implicate the defendant's Confrontation
Clause rights.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
Competency to Sign a Will
http://www.youtube.com/watch?v=GM9n7CVw-vI [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DGM9n7CVw-vI&id=preview]
Will Interview with an Attorney
http://www.youtube.com/watch?v=NG7AIaXWhNc&feature=channel_page [http://rs6.net/tn.jsp?t=lrero7cab.0.0.be4bcacab.0&ts=S0401&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DNG7AIaXWhNc%26feature%3Dchannel_page&id=preview]
Living Wills for Gay & Lesbian
http://www.youtube.com/watch?v=uu6Wtnt4J5Q&feature=channel_page
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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
[mailto:newsletter@njlaws.com])
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjcriminallaw.blogspot.com%2F&id=preview&id=preview]/
NJ Personal Injury & Civil Law Blog-http://njlawspersonalinjury.blogspot.com
[http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlawspersonalinjury.blogspot.com%2F&id=preview&id=preview]/
NJ Elder Law Blog -http://elder-law.blogspot.com/ [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Felder-law.blogspot.com%2F&id=preview&id=preview]
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.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editor's Note and Disclaimer:
All materials Copyright 2009. You may pass along the information on the NJ Laws
Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlaws.com%2F&id=preview&id=preview]
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court
and Federal District Court
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Forward email
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NJ Laws Email Newsletter E306
NJ Laws Email Newsletter E306
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
June 11, 2009
In This Issue
_______________
Recent Important Cases...
1. Improper Cross-examination by Municipal Prosecutor and Judge can Require Retrial
before Different Judge.
2. Alcotest Operator Must Observe Defendant for 20 Minutes.
3. Telephonic Search Warrants Approved.
_________________
4. Next Races and Community Events
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
6. If You Are In A Slip & Fall Accident, We Can Help.
NJLaws.Com LINKS
Main Website with 500 [http://rs6.net/tn.jsp?t=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings Kenneth Vercammen,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Important Cases...
1. Improper Cross-examination by Municipal Prosecutor and Judge can Require Retrial before Different Judge. State v. Wang (App. Div.) 14-2-2508 Unpublished.
Because the cross-examination of defendant regarding her Nevada driver's license and the lack of proper record keeping at the Therapy Center was improper because the evidence lacked any relevancy to the prostitution charge, and because its use
to attack defendant's credibility ran afoul of N.J.R.E. 607, 608, and 404, and the evidence was relied upon by the municipal and Law Division judges in assessing credibility, defendant's conviction for prostitution is reversed and the matter is remanded for
retrial before a different municipal court judge.
Unpublished Source: Daily Briefing - 01/21/2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Alcotest Operator Must Observe Defendant for 20 Minutes. State v Nucifora (Law Div. Camden) Unpublished.
This important unpublished case held that the Supreme Court in Chun meant exactly what it said when it directed that "the operator must observe the test subject for required 20 minute{s}", that this was not dicta, and that it does not allow for
observation by other officers. The appeal was raised in the context of a Chun stayed case and stands for the proposition that if a good faith 20 min issue was raised at the time of a Chun stayed plea, the issue is sufficient to reopen the matter.
Source: Jeff Gold, NJSBA 2008 Municipal Court Attorney of the Year.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Telephonic Search Warrants Approved. State v. Juan Pena-Flores 198 NJ 6 (2009)
The Supreme Court affirms its longstanding precedent that permits an automobile search without a warrant only in cases in which the police have both probable cause to believe that the vehicle contains evidence and exigent circumstances that would
justify dispensing with the warrant requirement. Whether exigent circumstances exist is to be decided on a case-by-case basis with the focus on police safety and the preservation of evidence. The Court also determines that a warrant obtained
by telephonic or electronic means is the equivalent of an in-person warrant and does not require proof of exigent circumstances. Also State v. Charles Fuller (A-15-07)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Next Races and Community Events
Monday, June 15, 2009
PRESIDENT'S CUP NIGHT RACE, 5K, 8pm,
Charlie Browns, Millburn, 973-376-6094,
(USATF-700pts)
Free beer, big post race party. Ken Vercammen needs a ride from Edison/East Brunswick area to President's Cup. If you are in the area, email Ken V at Kenv@njlaws.com or call Ken at: 732-572-0500.
Friday, June 19, 2009
June Moon 5k 7:15pm Somerset NJ Quality CJRR event. Post race food Saturday, June 20, 2009
Long Branch Sprint Triathlon Series-1 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch NJ 732-614-6028 Sunday, June 21, 2009 Pt. Pleasant Boro 5k 8:30
Saturday, June 27, 2009
1. Rumson 10 mile, 10 bar Long Branch to Belmar. This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Cheap beer. Finish at Bar A, and play volleyball.
2. Frog Hollow 5k South Amboy- Free food, use swim club for entire day. Sunday, June 28, 2009
Pine Beach 5K 9am Vista Park, [near Toms River] Sunday Very well run shore area event. USTAF masters championship when you register, write down under the team category-"RVRR Ken V." 732-349-6425.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
Defense to Refusal to take Breath Test http://www.youtube.com/watch?v=vWVjiSlneJs&feature=channel_page
[http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DvWVjiSlneJs%26feature%3Dchannel_page&id=preview]
Will contests and Contested Probate
http://www.youtube.com/watch?v=N9BYaCrumnY&feature=channel_page [http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DN9BYaCrumnY%26feature%3Dchannel_page&id=preview]
Undue Influence to Contest a Will, Gift or Power of Attorney
http://www.youtube.com/watch?v=sxlRb-b1Lyo&feature=channel_page [http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DsxlRb-b1Lyo%26feature%3Dchannel_page&id=preview]
Signing of Last Will & Testament and Post Signing Activity
http://www.youtube.com/watch?v=1G6O6CtJCVY&feature=channel_page [http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3D1G6O6CtJCVY%26feature%3Dchannel_page&id=preview]
Major Municipal Court and Criminal Cases Parts 1-7
http://www.youtube.com/watch?v=LuK_uSceFHY&feature=channel_page
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
6. If You Are In A Slip & Fall Accident, We Can Help.
Next to car accidents, the most common type of accident is a slip and fall. If you are hurt in a slip and fall accident, you have rights, including the right to compensation for your injuries. You may have this right even if you are partly at fault for the
accident.
If you are injured in a slip and fall accident, please call us. We have helped many victims of slip and fall accidents recover the maximum compensation for their injuries and losses, and we can help you. Call promptly, as the time right after the accident
can be vital to your claim.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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
[mailto:newsletter@njlaws.com])
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjcriminallaw.blogspot.com%2F&id=preview&id=preview]/
NJ Personal Injury & Civil Law Blog-http://njlawspersonalinjury.blogspot.com
[http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlawspersonalinjury.blogspot.com%2F&id=preview&id=preview]/
NJ Elder Law Blog -http://elder-law.blogspot.com/ [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Felder-law.blogspot.com%2F&id=preview&id=preview]
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.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editor's Note and Disclaimer:
All materials Copyright 2009. You may pass along the information on the NJ Laws
Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlaws.com%2F&id=preview&id=preview]
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court
and Federal District Court
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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Kenneth Vercammen Law Office | 2053 Woodbridge Avenue | Edison | NJ | 08817
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
June 11, 2009
In This Issue
_______________
Recent Important Cases...
1. Improper Cross-examination by Municipal Prosecutor and Judge can Require Retrial
before Different Judge.
2. Alcotest Operator Must Observe Defendant for 20 Minutes.
3. Telephonic Search Warrants Approved.
_________________
4. Next Races and Community Events
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
6. If You Are In A Slip & Fall Accident, We Can Help.
NJLaws.Com LINKS
Main Website with 500 [http://rs6.net/tn.jsp?t=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings Kenneth Vercammen,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Important Cases...
1. Improper Cross-examination by Municipal Prosecutor and Judge can Require Retrial before Different Judge. State v. Wang (App. Div.) 14-2-2508 Unpublished.
Because the cross-examination of defendant regarding her Nevada driver's license and the lack of proper record keeping at the Therapy Center was improper because the evidence lacked any relevancy to the prostitution charge, and because its use
to attack defendant's credibility ran afoul of N.J.R.E. 607, 608, and 404, and the evidence was relied upon by the municipal and Law Division judges in assessing credibility, defendant's conviction for prostitution is reversed and the matter is remanded for
retrial before a different municipal court judge.
Unpublished Source: Daily Briefing - 01/21/2009
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Alcotest Operator Must Observe Defendant for 20 Minutes. State v Nucifora (Law Div. Camden) Unpublished.
This important unpublished case held that the Supreme Court in Chun meant exactly what it said when it directed that "the operator must observe the test subject for required 20 minute{s}", that this was not dicta, and that it does not allow for
observation by other officers. The appeal was raised in the context of a Chun stayed case and stands for the proposition that if a good faith 20 min issue was raised at the time of a Chun stayed plea, the issue is sufficient to reopen the matter.
Source: Jeff Gold, NJSBA 2008 Municipal Court Attorney of the Year.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Telephonic Search Warrants Approved. State v. Juan Pena-Flores 198 NJ 6 (2009)
The Supreme Court affirms its longstanding precedent that permits an automobile search without a warrant only in cases in which the police have both probable cause to believe that the vehicle contains evidence and exigent circumstances that would
justify dispensing with the warrant requirement. Whether exigent circumstances exist is to be decided on a case-by-case basis with the focus on police safety and the preservation of evidence. The Court also determines that a warrant obtained
by telephonic or electronic means is the equivalent of an in-person warrant and does not require proof of exigent circumstances. Also State v. Charles Fuller (A-15-07)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Next Races and Community Events
Monday, June 15, 2009
PRESIDENT'S CUP NIGHT RACE, 5K, 8pm,
Charlie Browns, Millburn, 973-376-6094,
(USATF-700pts)
Free beer, big post race party. Ken Vercammen needs a ride from Edison/East Brunswick area to President's Cup. If you are in the area, email Ken V at Kenv@njlaws.com or call Ken at: 732-572-0500.
Friday, June 19, 2009
June Moon 5k 7:15pm Somerset NJ Quality CJRR event. Post race food Saturday, June 20, 2009
Long Branch Sprint Triathlon Series-1 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch NJ 732-614-6028 Sunday, June 21, 2009 Pt. Pleasant Boro 5k 8:30
Saturday, June 27, 2009
1. Rumson 10 mile, 10 bar Long Branch to Belmar. This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Cheap beer. Finish at Bar A, and play volleyball.
2. Frog Hollow 5k South Amboy- Free food, use swim club for entire day. Sunday, June 28, 2009
Pine Beach 5K 9am Vista Park, [near Toms River] Sunday Very well run shore area event. USTAF masters championship when you register, write down under the team category-"RVRR Ken V." 732-349-6425.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
Defense to Refusal to take Breath Test http://www.youtube.com/watch?v=vWVjiSlneJs&feature=channel_page
[http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DvWVjiSlneJs%26feature%3Dchannel_page&id=preview]
Will contests and Contested Probate
http://www.youtube.com/watch?v=N9BYaCrumnY&feature=channel_page [http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DN9BYaCrumnY%26feature%3Dchannel_page&id=preview]
Undue Influence to Contest a Will, Gift or Power of Attorney
http://www.youtube.com/watch?v=sxlRb-b1Lyo&feature=channel_page [http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DsxlRb-b1Lyo%26feature%3Dchannel_page&id=preview]
Signing of Last Will & Testament and Post Signing Activity
http://www.youtube.com/watch?v=1G6O6CtJCVY&feature=channel_page [http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3D1G6O6CtJCVY%26feature%3Dchannel_page&id=preview]
Major Municipal Court and Criminal Cases Parts 1-7
http://www.youtube.com/watch?v=LuK_uSceFHY&feature=channel_page
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
6. If You Are In A Slip & Fall Accident, We Can Help.
Next to car accidents, the most common type of accident is a slip and fall. If you are hurt in a slip and fall accident, you have rights, including the right to compensation for your injuries. You may have this right even if you are partly at fault for the
accident.
If you are injured in a slip and fall accident, please call us. We have helped many victims of slip and fall accidents recover the maximum compensation for their injuries and losses, and we can help you. Call promptly, as the time right after the accident
can be vital to your claim.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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
[mailto:newsletter@njlaws.com])
Our Law blogs:
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjcriminallaw.blogspot.com%2F&id=preview&id=preview]/
NJ Personal Injury & Civil Law Blog-http://njlawspersonalinjury.blogspot.com
[http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlawspersonalinjury.blogspot.com%2F&id=preview&id=preview]/
NJ Elder Law Blog -http://elder-law.blogspot.com/ [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Felder-law.blogspot.com%2F&id=preview&id=preview]
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.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editor's Note and Disclaimer:
All materials Copyright 2009. You may pass along the information on the NJ Laws
Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlaws.com%2F&id=preview&id=preview]
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court
and Federal District Court
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Forward email
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Kenneth Vercammen Law Office | 2053 Woodbridge Avenue | Edison | NJ | 08817
Wednesday, June 03, 2009
NJ Laws Email Newsletter E305
NJ Laws Email Newsletter E305
Kenneth Vercammen, Attorney at Law
June 3, 2009
In This Issue
_______________
Recent Important Cases...
1. Police do Not Always Need to Readminister Miranda Warnings.
2. Drifting within a Lane Supports MV Stop by Cops.
3. No Sequestration of Defense Expert in DWI Case.
_________________
4. If You Are a Victim Of Bad Medical Malpractice, We Can Offer Suggestions.
5. New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
6. Kenneth Vercammen is the Keynote Speaker at the Sixty-First Semi-Annual Tax & Estate Planning Forum.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings!
Recent Important Cases...
1. Police do Not Always Need to Readminister Miranda Warnings.
State v. Nyhammer 197 NJ 383 (2009)
The trial court did not err in finding, based on the totality of the circumstances, that Nyhammer knowingly, voluntarily, and intelligently waived his Miranda rights under both federal and state law. Thus, the trial court did not abuse its discretion in admitting Nyhammer's confession into evidence. Further, a defendant cannot assert that he was denied his right of confrontation under the federal and state constitutions unless he first attempts to cross-examine the witness on the core accusations in the case. Nyhammer had the opportunity to cross-examine the child-victim at trial about her out-of-court testimony implicating him in the crime but chose not to do so; therefore, he cannot claim that he was denied his right of confrontation.
2. Drifting within a Lane Supports MV Stop by Cops. State v. Woodruff 403 NJ Super 620 (Law Div. Mercer 2008)
In this Law Division opinion a court construed the provisions of the lane violation statute. N.J.S.A. 39:4-88(b). The Law Division held that it is not necessary for the State to demonstrate that weaving in a lane would affect the safety of other drivers. The Court also held that two instances of observed weaving within a lane constituted sufficient reasonable suspicion for the officer to effect a motor vehicle stop of the offending auto.
Source: Muni-Mail 11/24/2008
3. No Sequestration of Defense Expert in DWI Case. State v. Popovich 405 NJ Super. 324 (App. Div. 2009)
Defendant's conviction is reversed; the trial court erred when it ruled that defendant's expert was subject to a sequestration order and would not permit the expert to watch the trial testimony. State v. Lanzel, 253 N.J. Super. 168 (Law Div. 1991) was distinguished.
4. If You Are a Victim Of Bad Medical Malpractice, We Can Offer Suggestions.
Doctors and other health care providers are supposed to adhere to a reasonable standard of care when treating a patient. Rarely, minimum standards are not met, and serious injuries occur as a result. When this happens, a person may have a medical malpractice claim.
If you believe you are the victim of medical malpractice, schedule a free consultation. We can analyze your case and advise you if you have a strong claim.
5. New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
Shoplifting Law:
http://www.youtube.com/watch?v=xNtwDXd9aH4&feature=channel_page
Truck Liability for Accidents:
http://www.youtube.com/watch?v=7KVqiZCGWAc
Slip & Fall Injury:
http://www.youtube.com/watch?v=BrspSxUIvOk&feature=channel_page
Bicycle Accidents and Recovery for Injuries:
http://www.youtube.com/watch?v=KXhqzVmp8Vs&feature=channel_page
Defense to Criminal Charges:
http://www.youtube.com/watch?v=lebvmb80-84&feature=channel_page
6. Kenneth Vercammen is the Keynote Speaker at the Sixty-First Semi-Annual Tax & Estate Planning Forum.
Presented in cooperation with the NJ State Bar Taxation Section and Institute for Continuing Legal Education
Wednesday, June 10, 2009
9:00 AM to 5:00 PM
New Jersey Law Center, New Brunswick / S127-14950
In 1977, NJICLE presented the First Semi-Annual Tax & Estate Planning Forum, designed to provide an opportunity for attorneys, accountants and life underwriters to keep up with changes in this complex area of law. Now more than ever, the ability to meet your clients' needs is dependent upon your ability to keep up to date with the law, regulations, and available planning techniques. The proper approach to any given situation may be even less clear, and more dependent upon your informed professional judgment.
Join the speakers and your colleagues at this 61st Semi-Annual program. As in past years, the program provides an opportunity to network with your peers and exchange viewpoints on how to resolve today's most challenging problems.
Explore today's hottest tax and estate planning topics at this popular semi-annual forum:
Client Motivations & Goals in the Estate Planning Process; The Standards for Undue Influence: Shifting the Burden of Proof Through Summary Judgment; Contingent & Vested Reminders: The Surprising Consequences for Family Members in Credit Shelter Trust Planning and Other Trust Arrangements; Generation Skipping and Other Tax Issues Raised by Vesting Issues; Recent Estate and Gift Tax Developments; The Use of Grantor Trusts After Revenue Ruling 2008-22; The Standard of Care in Estate Tax Planning Malpractice Claims Against Attorneys; The Estate Attorney's Fiduciary Duties: New Case Law & Practice Pointers to Avoid Potential Malpractice Liability; and more.
Moderators/Speakers:
JOHN J. MIESOWITZ, ESQ.
Ventura,Miesowitz, Albano, Keough & Warner (Summit)
JOHN L. PRITCHARD, ESQ.
Law Offices of John L. Pritchard, Esq. (Union)
Keynote Presentation by:
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Chair, ABA Elder Law Committee
K. Vercammen & Associates (Edison)
Speakers include:
BRENDA L. EUTSLER, ESQ.
Asbell, Kushner & Eutsler, PA (Cherry Hill)
JAY J. FREIREICH, ESQ.
Poe & Freireich, PA (Florham Park)
RICHARD H. GREENBERG, ESQ.
Greenberg & Schulman (Woodbridge)
GLENN A. HENKEL, ESQ. J.D., LL.M., CPA, A.E.P.
Author: "New Jersey Estate Planning Manual: Theory, Practice & Forms" (2007, NJICLE)
Editor & Contributing Author: "Estate & Trust Litigation" (2006, NJICLE)
Editor & Contributing Author: "New Jersey Probate Procedures Manual" (2009)
Kulzer & DiPadova (Haddonfield)
JACK F. MEOLA, ESQ., CPA
Amper Politziner & Mattia (Bridgewater)
ANITA J. SIEGEL, ESQ.
2001 Clapp Laureate
Siegel & Bergman, LLC (Morristown)
M. J. SULLY, ESQ.
Special Counsel
Essex County Surrogate Court (Newark)
STEPHEN K. WARNER, ESQ.
Ventura, Miesowitz, Albano, Keough & Warner (Summit)
Tuition Fees:
SAVINGS YOU LIKE!
Register by 5/15 for only $99! (New registrations only. No other discounts apply)
General Tuition (REG) $199.00
NJICLE Season Tickets (STX) 2 Season Ticket(s)
MEMBERS, CO-SPONSORING SECTION (COS) $149.00
MEMBERS, NJSBA (NJB) $159.00
MEMBERS, NJSBA (YLD) $149.00
Recent admittees (past 2 years) (YL) $169.00
Paralegals (PAR) $129.00
Law Students (with Student ID) (STU) $50.00
Full Time Judges (JUD) $50.00 JUD
DOOR REGISTRATIONS: $219
Advance registration closes at noon of the day preceding the program. After that time you may still register, space permitting, for the Door Registration Fee. PLEASE CALL FIRST to confirm the seminar schedule and space availability.
*NJSBA Member Price - To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order. If you place your order without providing your NJSBA Member#, you will be charged the regular price.
Kenneth Vercammen, Attorney at Law
June 3, 2009
In This Issue
_______________
Recent Important Cases...
1. Police do Not Always Need to Readminister Miranda Warnings.
2. Drifting within a Lane Supports MV Stop by Cops.
3. No Sequestration of Defense Expert in DWI Case.
_________________
4. If You Are a Victim Of Bad Medical Malpractice, We Can Offer Suggestions.
5. New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
6. Kenneth Vercammen is the Keynote Speaker at the Sixty-First Semi-Annual Tax & Estate Planning Forum.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings!
Recent Important Cases...
1. Police do Not Always Need to Readminister Miranda Warnings.
State v. Nyhammer 197 NJ 383 (2009)
The trial court did not err in finding, based on the totality of the circumstances, that Nyhammer knowingly, voluntarily, and intelligently waived his Miranda rights under both federal and state law. Thus, the trial court did not abuse its discretion in admitting Nyhammer's confession into evidence. Further, a defendant cannot assert that he was denied his right of confrontation under the federal and state constitutions unless he first attempts to cross-examine the witness on the core accusations in the case. Nyhammer had the opportunity to cross-examine the child-victim at trial about her out-of-court testimony implicating him in the crime but chose not to do so; therefore, he cannot claim that he was denied his right of confrontation.
2. Drifting within a Lane Supports MV Stop by Cops. State v. Woodruff 403 NJ Super 620 (Law Div. Mercer 2008)
In this Law Division opinion a court construed the provisions of the lane violation statute. N.J.S.A. 39:4-88(b). The Law Division held that it is not necessary for the State to demonstrate that weaving in a lane would affect the safety of other drivers. The Court also held that two instances of observed weaving within a lane constituted sufficient reasonable suspicion for the officer to effect a motor vehicle stop of the offending auto.
Source: Muni-Mail 11/24/2008
3. No Sequestration of Defense Expert in DWI Case. State v. Popovich 405 NJ Super. 324 (App. Div. 2009)
Defendant's conviction is reversed; the trial court erred when it ruled that defendant's expert was subject to a sequestration order and would not permit the expert to watch the trial testimony. State v. Lanzel, 253 N.J. Super. 168 (Law Div. 1991) was distinguished.
4. If You Are a Victim Of Bad Medical Malpractice, We Can Offer Suggestions.
Doctors and other health care providers are supposed to adhere to a reasonable standard of care when treating a patient. Rarely, minimum standards are not met, and serious injuries occur as a result. When this happens, a person may have a medical malpractice claim.
If you believe you are the victim of medical malpractice, schedule a free consultation. We can analyze your case and advise you if you have a strong claim.
5. New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
Shoplifting Law:
http://www.youtube.com/watch?v=xNtwDXd9aH4&feature=channel_page
Truck Liability for Accidents:
http://www.youtube.com/watch?v=7KVqiZCGWAc
Slip & Fall Injury:
http://www.youtube.com/watch?v=BrspSxUIvOk&feature=channel_page
Bicycle Accidents and Recovery for Injuries:
http://www.youtube.com/watch?v=KXhqzVmp8Vs&feature=channel_page
Defense to Criminal Charges:
http://www.youtube.com/watch?v=lebvmb80-84&feature=channel_page
6. Kenneth Vercammen is the Keynote Speaker at the Sixty-First Semi-Annual Tax & Estate Planning Forum.
Presented in cooperation with the NJ State Bar Taxation Section and Institute for Continuing Legal Education
Wednesday, June 10, 2009
9:00 AM to 5:00 PM
New Jersey Law Center, New Brunswick / S127-14950
In 1977, NJICLE presented the First Semi-Annual Tax & Estate Planning Forum, designed to provide an opportunity for attorneys, accountants and life underwriters to keep up with changes in this complex area of law. Now more than ever, the ability to meet your clients' needs is dependent upon your ability to keep up to date with the law, regulations, and available planning techniques. The proper approach to any given situation may be even less clear, and more dependent upon your informed professional judgment.
Join the speakers and your colleagues at this 61st Semi-Annual program. As in past years, the program provides an opportunity to network with your peers and exchange viewpoints on how to resolve today's most challenging problems.
Explore today's hottest tax and estate planning topics at this popular semi-annual forum:
Client Motivations & Goals in the Estate Planning Process; The Standards for Undue Influence: Shifting the Burden of Proof Through Summary Judgment; Contingent & Vested Reminders: The Surprising Consequences for Family Members in Credit Shelter Trust Planning and Other Trust Arrangements; Generation Skipping and Other Tax Issues Raised by Vesting Issues; Recent Estate and Gift Tax Developments; The Use of Grantor Trusts After Revenue Ruling 2008-22; The Standard of Care in Estate Tax Planning Malpractice Claims Against Attorneys; The Estate Attorney's Fiduciary Duties: New Case Law & Practice Pointers to Avoid Potential Malpractice Liability; and more.
Moderators/Speakers:
JOHN J. MIESOWITZ, ESQ.
Ventura,Miesowitz, Albano, Keough & Warner (Summit)
JOHN L. PRITCHARD, ESQ.
Law Offices of John L. Pritchard, Esq. (Union)
Keynote Presentation by:
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Chair, ABA Elder Law Committee
K. Vercammen & Associates (Edison)
Speakers include:
BRENDA L. EUTSLER, ESQ.
Asbell, Kushner & Eutsler, PA (Cherry Hill)
JAY J. FREIREICH, ESQ.
Poe & Freireich, PA (Florham Park)
RICHARD H. GREENBERG, ESQ.
Greenberg & Schulman (Woodbridge)
GLENN A. HENKEL, ESQ. J.D., LL.M., CPA, A.E.P.
Author: "New Jersey Estate Planning Manual: Theory, Practice & Forms" (2007, NJICLE)
Editor & Contributing Author: "Estate & Trust Litigation" (2006, NJICLE)
Editor & Contributing Author: "New Jersey Probate Procedures Manual" (2009)
Kulzer & DiPadova (Haddonfield)
JACK F. MEOLA, ESQ., CPA
Amper Politziner & Mattia (Bridgewater)
ANITA J. SIEGEL, ESQ.
2001 Clapp Laureate
Siegel & Bergman, LLC (Morristown)
M. J. SULLY, ESQ.
Special Counsel
Essex County Surrogate Court (Newark)
STEPHEN K. WARNER, ESQ.
Ventura, Miesowitz, Albano, Keough & Warner (Summit)
Tuition Fees:
SAVINGS YOU LIKE!
Register by 5/15 for only $99! (New registrations only. No other discounts apply)
General Tuition (REG) $199.00
NJICLE Season Tickets (STX) 2 Season Ticket(s)
MEMBERS, CO-SPONSORING SECTION (COS) $149.00
MEMBERS, NJSBA (NJB) $159.00
MEMBERS, NJSBA (YLD) $149.00
Recent admittees (past 2 years) (YL) $169.00
Paralegals (PAR) $129.00
Law Students (with Student ID) (STU) $50.00
Full Time Judges (JUD) $50.00 JUD
DOOR REGISTRATIONS: $219
Advance registration closes at noon of the day preceding the program. After that time you may still register, space permitting, for the Door Registration Fee. PLEASE CALL FIRST to confirm the seminar schedule and space availability.
*NJSBA Member Price - To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order. If you place your order without providing your NJSBA Member#, you will be charged the regular price.
Wednesday, May 27, 2009
NJ Laws Email Newsletter E304
NJ Laws Email Newsletter E304
May 20, 2009
In This Issue
_______________
Recent Important Cases...
1. Arrest and Search by Police Based Invalid Arrest Warrant Does Not Suppress Drugs & Gun Found.
2. Constructive Possession is Decision by Trier of Fact, not Expert.
3. Four Factors Required to Withdraw Guilty Plea.
_________________
4. More Charity Races and Community Events.
5. Reflections on Memorial Day.
6. If a Loved One is a Victim of Nursing Home Abuse, We Can Help.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
Greetings!
Recent Important Cases...
1. Arrest and Search by Police Based Invalid Arrest Warrant Does Not Suppress Drugs & Gun Found. Herring v United States
129 S. Ct. 695 (2009)
When police mistakes leading to an unlawful search are the result of isolated negligence attenuated from the search, rather than systemic error or reckless disregard of constitutional requirements, the exclusionary rule does not apply.
2. Constructive Possession is Decision by Trier of Fact, not Expert. State v. Reeds 197 NJ 280 (2009)
Defendant suffered undue prejudice from the evidence in the form of expert testimony opining, in effect, that he constructively possessed the drugs found in the vehicle he was driving. This ultimate-issue testimony usurped the jury's singular role in the determination of defendant's guilt and irredeemably tainted the remaining trial proofs, producing an unjust result in defendant's trial.
3. Four Factors Required to Withdraw Guilty Plea. State v. Slater 198 NJ 145 (2009)
Judges are to consider and balance four factors in evaluating motions to withdraw a guilty plea: (1) whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of the defendant's reasons for withdrawal; (3) the existence of a plea bargain; and (4) whether withdrawal could result in unfair prejudice to the State or unfair advantage to the accused. This defendant has met his burden and is entitled to withdraw his guilty plea in the interest of justice.
4. More Charity Races and Community Events
May 20 Middlesex County Bar Association- Installation Dinner Sea bras Armory
May 22 Memorial Day Friday "Legends of Belmar Night" Friday Join Ken V and friends the Friday night before race for "Legends Night" in Belmar at D'Jays, Bar A & Columns.
Start approx 5pm. Leave work early
May 23 Spring Lake 5 mile race 8:30
May 25 North Brunswick 5k
May 30 Ocean Medical Center 5k 8:30 Brick
May 31 Berkeley Twp Triathlon
Jersey Shore Tri Club 7am
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 run, you can volunteer, or walk the course.
Saturday July 18 5pm- 11pm
Friends of Kenneth Vercammen and Jim
Capraro are invited to their 50th Birthday Party.
Join us for an exciting evening. Swim Pool,
8 person Hot tub plus Deck and Tiki Bar. DJ
Blender drinks, ping pong, arcade basketball.
Details in future newsletter. Mark your calendar now.
5. Reflections on Memorial Day.
Memorial Day used to be a solemn day of mourning, a sacred day of remembrance to honor those who paid the ultimate price for our freedoms. Businesses closed for the day. Towns held parades honoring the fallen, the parade routes often times ending at a local cemetery, where Memorial Day speeches were given and prayers offered up. People took the time that day to clean and decorate with flowers and flags the graves of those the fell in service to their country.
We need to remember with sincere respect those who paid the price for our freedoms; we need to keep in sacred remembrance those who died serving their country. We need to never let them be forgotten. However, over the years the original meaning and spirit of Memorial Day has faded from the public consciousness.
"If it is considered a holiday, why is it so? I consider it to be a national day of mourning. This is how we observe this day in our home. Because of what that day represents the rest of the days of the year are our holidays." -- F L Lloyd West Chester, Pa USA - February 26, 2000
On Memorial Day we need to stop and pay with sincere conviction our respects for those who died protecting and preserving the freedoms we enjoy, for we owe those honored dead more than we can ever repay.
Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed greatly to the general public's nonchalant observance of Memorial Day." -- VFW 2002 Memorial Day address:
http://www.usmemorialday.org/backgrnd.html
If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help.
Over 1.5 million seniors live in nursing homes. Although they are entitled to receive proper care, unfortunately many suffer from severe abuse and neglect, including poor medical care, bad sanitation, and physical and verbal abuse.
If you have a loved one in a nursing home make sure he or she is being treated properly. If you think a loved one is being abused or neglected, call us. We can contact persons to help stop the wrongful conduct and obtain damages for it.
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)
May 20, 2009
In This Issue
_______________
Recent Important Cases...
1. Arrest and Search by Police Based Invalid Arrest Warrant Does Not Suppress Drugs & Gun Found.
2. Constructive Possession is Decision by Trier of Fact, not Expert.
3. Four Factors Required to Withdraw Guilty Plea.
_________________
4. More Charity Races and Community Events.
5. Reflections on Memorial Day.
6. If a Loved One is a Victim of Nursing Home Abuse, We Can Help.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
Greetings!
Recent Important Cases...
1. Arrest and Search by Police Based Invalid Arrest Warrant Does Not Suppress Drugs & Gun Found. Herring v United States
129 S. Ct. 695 (2009)
When police mistakes leading to an unlawful search are the result of isolated negligence attenuated from the search, rather than systemic error or reckless disregard of constitutional requirements, the exclusionary rule does not apply.
2. Constructive Possession is Decision by Trier of Fact, not Expert. State v. Reeds 197 NJ 280 (2009)
Defendant suffered undue prejudice from the evidence in the form of expert testimony opining, in effect, that he constructively possessed the drugs found in the vehicle he was driving. This ultimate-issue testimony usurped the jury's singular role in the determination of defendant's guilt and irredeemably tainted the remaining trial proofs, producing an unjust result in defendant's trial.
3. Four Factors Required to Withdraw Guilty Plea. State v. Slater 198 NJ 145 (2009)
Judges are to consider and balance four factors in evaluating motions to withdraw a guilty plea: (1) whether the defendant has asserted a colorable claim of innocence; (2) the nature and strength of the defendant's reasons for withdrawal; (3) the existence of a plea bargain; and (4) whether withdrawal could result in unfair prejudice to the State or unfair advantage to the accused. This defendant has met his burden and is entitled to withdraw his guilty plea in the interest of justice.
4. More Charity Races and Community Events
May 20 Middlesex County Bar Association- Installation Dinner Sea bras Armory
May 22 Memorial Day Friday "Legends of Belmar Night" Friday Join Ken V and friends the Friday night before race for "Legends Night" in Belmar at D'Jays, Bar A & Columns.
Start approx 5pm. Leave work early
May 23 Spring Lake 5 mile race 8:30
May 25 North Brunswick 5k
May 30 Ocean Medical Center 5k 8:30 Brick
May 31 Berkeley Twp Triathlon
Jersey Shore Tri Club 7am
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 run, you can volunteer, or walk the course.
Saturday July 18 5pm- 11pm
Friends of Kenneth Vercammen and Jim
Capraro are invited to their 50th Birthday Party.
Join us for an exciting evening. Swim Pool,
8 person Hot tub plus Deck and Tiki Bar. DJ
Blender drinks, ping pong, arcade basketball.
Details in future newsletter. Mark your calendar now.
5. Reflections on Memorial Day.
Memorial Day used to be a solemn day of mourning, a sacred day of remembrance to honor those who paid the ultimate price for our freedoms. Businesses closed for the day. Towns held parades honoring the fallen, the parade routes often times ending at a local cemetery, where Memorial Day speeches were given and prayers offered up. People took the time that day to clean and decorate with flowers and flags the graves of those the fell in service to their country.
We need to remember with sincere respect those who paid the price for our freedoms; we need to keep in sacred remembrance those who died serving their country. We need to never let them be forgotten. However, over the years the original meaning and spirit of Memorial Day has faded from the public consciousness.
"If it is considered a holiday, why is it so? I consider it to be a national day of mourning. This is how we observe this day in our home. Because of what that day represents the rest of the days of the year are our holidays." -- F L Lloyd West Chester, Pa USA - February 26, 2000
On Memorial Day we need to stop and pay with sincere conviction our respects for those who died protecting and preserving the freedoms we enjoy, for we owe those honored dead more than we can ever repay.
Changing the date merely to create three-day weekends has undermined the very meaning of the day. No doubt, this has contributed greatly to the general public's nonchalant observance of Memorial Day." -- VFW 2002 Memorial Day address:
http://www.usmemorialday.org/backgrnd.html
If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help.
Over 1.5 million seniors live in nursing homes. Although they are entitled to receive proper care, unfortunately many suffer from severe abuse and neglect, including poor medical care, bad sanitation, and physical and verbal abuse.
If you have a loved one in a nursing home make sure he or she is being treated properly. If you think a loved one is being abused or neglected, call us. We can contact persons to help stop the wrongful conduct and obtain damages for it.
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)
Sunday, May 10, 2009
NJ Laws Email Newsletter E303 May7, 2009
NJ Laws Email Newsletter E303 May7, 2009
1 Recent important cases. Passenger Pat down during traffic stop permitted if belief gang member is armed and dangerous Arizona v Johnson
2. Juvenile has no right to counsel during post-complaint interrogation
3 The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14.
4. Upcoming charity races and community events
5. Kenneth Vercammen named Super Lawyer for 2009 in the Criminal Law- DWI practice area.
1 Recent important cases. Passenger Pat down during traffic stop permitted if belief gang member is armed and dangerous Arizona v Johnson 172 L. Ed. 2d 694 (2009)
While patrolling near a Tucson neighborhood associated with the Crips gang, police officers serving on Arizona’s gang task force stopped an automobile for a vehicular infraction warranting a citation. At the time of the stop, the officers had no reason to suspect the car’s occupants of criminal activity. Officer Trevizo attended to respondent Johnson, the back-seat passenger, whose behavior and clothing caused Trevizo to question him. After learning that Johnson was from a town with a Crips gang and had been in prison, Trevizo asked him get out of the car in order to question him further, out of the hearing of the front-seat passenger, about his gang affiliation. Because she suspected that he was armed, she patted him down for safety when he exited the car. During the patdown, she felt the butt of a gun. At that point, Johnson began to struggle, and Trevizo handcuffed him. Johnson was charged with, inter alia, possession of a weapon by a prohibited possessor
Held: Officer Trevizo’s patdown of Johnson did not violate the Fourth Amendment ’s prohibition on unreasonable searches and seizures.
2. Juvenile has no right to counsel during post-complaint interrogation
State in the Interest of P.M.P. 404 NJ Super. 69 (App. Div. 2008)
The court concluded a juvenile delinquency complaint, filed at the direction of a county prosecutor's office, is not the substantial equivalent of an indictment such that it initiates a formal adversarial proceeding and triggers a juvenile's right to counsel. The court reversed the trial court's extension of the protections of State v. Sanchez, 129 N.J. 261, 277 (1992) to juvenile proceedings.
3 The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14. If you haven't already registered, what are you waiting for? Don't miss the opportunity to earn up to 10 CLE credits at over 60 informative and timely programs.
The NJSBA Municipal Court Section is sponsoring 4 seminars in one day on Thursday May 14, 2009 at the annual convention in AC. Get 6 credits plus breakfast and lunch for a one day fee:
Register online now!
Municipal Court Practice Track:
(includes full day convention access to all other tracks, vendors, and food buffets
Breakfast Buffet at Exhibition Hall
Municipal Court Practice Section Municipal COURT TRACK
8:00 am - The Latest Cases and Court Rules in Municipal Court
Thursday, May 14 8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ
10:00 am - DWI in the Age of Chun, 1.5 credits
Speaker: Jeffrey Evan Gold, Esq.
Luncheon Buffet at Exhibition Hall
1:00 pm - What to Look for in Alcotest Discovery, 1.5 credits
Speaker: Arnold N. Fishman, Esq.
3:00 pm - Municipal Court Bench/Bar Forum. 1.5 credits
Panelists: Hon. Joan Robinson Gross, P.J.M.C.
Hon. Robert F. Schaul, JMC
Hon. E. Ronald Wright, JMC
Paris P. Eliades, Esq. Courter Kobert & Cohen, PC
Jeffrey E. Gold, Esq.
Deborah Veach, Esq. Municipal Prosecutor, Township of Teaneck
Other important programs:
-Equity Jurisprudence Committee Litigation TRACK (CHANCERY)
Thursday, May 14 1 - 2:30 p.m.
Chancery judges and general equity practitioners will discuss a variety of topics, including foreclosure mediation, equity practice in the current economic crisis and other priceless tips for chancery litigators.
Moderator: Alexandra V. Gallo, Esq., McElroy Deutsch, Mulvaney & Carpenter, LLP
Speakers: Hon. Harriet Derman, P.J.Ch.
Hon. Glenn Berman, J.S.C.
Hon. Harriet Farber Klein, J.S.C.
Frederick W. Alworth, Esq. Gibbons, PC
Thomas P. Scrivo, Esq. McElroy, Deutsch, Mulvaney & Carpenter, LLP
Kevin M .Wolfe, Esq. Chief Civil Practice Liaison, Administrative Office of the Courts
-Prosecuting and Defending the Police Officer
Criminal Law Section Litigation TRACK (CRIMINAL)
Thursday, May 14 3 - 4:30 p.m.
Moderator: Robert Brass, Esq. Picillo Caruso Pope Edell Picini, PC
Speakers: Paul J. Bradley, Esq. Supervising Assistant Prosecutor, Essex County Prosecutor's Office
Kevin P. McCann, Esq. NJSBA Treasurer
John L. Molinelli, Esq. Bergen County Prosecutor
Brian J. Neary, Esq
Anthony J. Pope, Esq. Picillo Caruso Pope Edell Picini, PC
It's not too late! There's still time to register. Don't get left behind!
Register Online NOW!
View the Annual Meeting Promotional Flyer
4. Upcoming charity races and community events
5/16/09 CASA Kids 5K Run 9am Princeton Pike Corporate Center
1009 Lenox Drive Lawrenceville, NJ 08648 When you register, write down under the team category- "RVRR."
May 16, 2009 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ What You Get: Give-A-Ways, i.e., Commemorative T-Shirt and more. Free beer http://rumsonhash.multiply.com/
May 20 Middlesex County Bar- Installation Dinner See Bright Armory
May 22 Memorial Day Friday “Legends of Belmar Night” Friday Join Ken V and friends the Friday night before race for "Legends Night" in Belmar at D’Jays, Bar A & Columns. Start approx 5pm. Leave work early
May 23 Spring Lake 5 mile race 8:30
5. Kenneth Vercammen named Super Lawyer for 2009 in the Criminal Law- DWI practice area.
ABOUT SUPER LAWYERS
Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
Super Lawyers is published as a special supplement in leading newspapers and city and regional magazines across the country. Super Lawyers magazine, featuring articles about attorneys named to the Super Lawyers list, is distributed to all attorneys in the state or region, the lead corporate counsel of Russell 3000 companies and the ABA-approved law school libraries.
Polling, research and selection are performed by Law & Politics, a publication of Key Professional Media, Inc. Law & Politics has been publishing legal magazines since 1990 and Super Lawyers since 1991.
Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research of Law & Politics. Super Lawyers magazine is published in all 50 states and reaches more than 13 million readers.
SUPER LAWYERS SELECTION PROCESS
OVERVIEW
In selecting attorneys for Super Lawyers, Law & Politics employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.
The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.
The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.
PUBLICATION
The final published list represents no more than 5 percent of the lawyers in the state. The lists are published annually in state and regional editions of Super Lawyers magazines and in inserts and special advertising sections in leading city and regional magazines and newspapers. All attorneys selected for inclusion in Super Lawyers, regardless of year, can be found on superlawyers.com.
http://www.superlawyers.com/new-jersey/lawyer/Kenneth-A-Vercammen/73f0b3a6-71c1-4ae1-a5d0-803ddb2739a9.html
1 Recent important cases. Passenger Pat down during traffic stop permitted if belief gang member is armed and dangerous Arizona v Johnson
2. Juvenile has no right to counsel during post-complaint interrogation
3 The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14.
4. Upcoming charity races and community events
5. Kenneth Vercammen named Super Lawyer for 2009 in the Criminal Law- DWI practice area.
1 Recent important cases. Passenger Pat down during traffic stop permitted if belief gang member is armed and dangerous Arizona v Johnson 172 L. Ed. 2d 694 (2009)
While patrolling near a Tucson neighborhood associated with the Crips gang, police officers serving on Arizona’s gang task force stopped an automobile for a vehicular infraction warranting a citation. At the time of the stop, the officers had no reason to suspect the car’s occupants of criminal activity. Officer Trevizo attended to respondent Johnson, the back-seat passenger, whose behavior and clothing caused Trevizo to question him. After learning that Johnson was from a town with a Crips gang and had been in prison, Trevizo asked him get out of the car in order to question him further, out of the hearing of the front-seat passenger, about his gang affiliation. Because she suspected that he was armed, she patted him down for safety when he exited the car. During the patdown, she felt the butt of a gun. At that point, Johnson began to struggle, and Trevizo handcuffed him. Johnson was charged with, inter alia, possession of a weapon by a prohibited possessor
Held: Officer Trevizo’s patdown of Johnson did not violate the Fourth Amendment ’s prohibition on unreasonable searches and seizures.
2. Juvenile has no right to counsel during post-complaint interrogation
State in the Interest of P.M.P. 404 NJ Super. 69 (App. Div. 2008)
The court concluded a juvenile delinquency complaint, filed at the direction of a county prosecutor's office, is not the substantial equivalent of an indictment such that it initiates a formal adversarial proceeding and triggers a juvenile's right to counsel. The court reversed the trial court's extension of the protections of State v. Sanchez, 129 N.J. 261, 277 (1992) to juvenile proceedings.
3 The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14. If you haven't already registered, what are you waiting for? Don't miss the opportunity to earn up to 10 CLE credits at over 60 informative and timely programs.
The NJSBA Municipal Court Section is sponsoring 4 seminars in one day on Thursday May 14, 2009 at the annual convention in AC. Get 6 credits plus breakfast and lunch for a one day fee:
Register online now!
Municipal Court Practice Track:
(includes full day convention access to all other tracks, vendors, and food buffets
Breakfast Buffet at Exhibition Hall
Municipal Court Practice Section Municipal COURT TRACK
8:00 am - The Latest Cases and Court Rules in Municipal Court
Thursday, May 14 8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ
10:00 am - DWI in the Age of Chun, 1.5 credits
Speaker: Jeffrey Evan Gold, Esq.
Luncheon Buffet at Exhibition Hall
1:00 pm - What to Look for in Alcotest Discovery, 1.5 credits
Speaker: Arnold N. Fishman, Esq.
3:00 pm - Municipal Court Bench/Bar Forum. 1.5 credits
Panelists: Hon. Joan Robinson Gross, P.J.M.C.
Hon. Robert F. Schaul, JMC
Hon. E. Ronald Wright, JMC
Paris P. Eliades, Esq. Courter Kobert & Cohen, PC
Jeffrey E. Gold, Esq.
Deborah Veach, Esq. Municipal Prosecutor, Township of Teaneck
Other important programs:
-Equity Jurisprudence Committee Litigation TRACK (CHANCERY)
Thursday, May 14 1 - 2:30 p.m.
Chancery judges and general equity practitioners will discuss a variety of topics, including foreclosure mediation, equity practice in the current economic crisis and other priceless tips for chancery litigators.
Moderator: Alexandra V. Gallo, Esq., McElroy Deutsch, Mulvaney & Carpenter, LLP
Speakers: Hon. Harriet Derman, P.J.Ch.
Hon. Glenn Berman, J.S.C.
Hon. Harriet Farber Klein, J.S.C.
Frederick W. Alworth, Esq. Gibbons, PC
Thomas P. Scrivo, Esq. McElroy, Deutsch, Mulvaney & Carpenter, LLP
Kevin M .Wolfe, Esq. Chief Civil Practice Liaison, Administrative Office of the Courts
-Prosecuting and Defending the Police Officer
Criminal Law Section Litigation TRACK (CRIMINAL)
Thursday, May 14 3 - 4:30 p.m.
Moderator: Robert Brass, Esq. Picillo Caruso Pope Edell Picini, PC
Speakers: Paul J. Bradley, Esq. Supervising Assistant Prosecutor, Essex County Prosecutor's Office
Kevin P. McCann, Esq. NJSBA Treasurer
John L. Molinelli, Esq. Bergen County Prosecutor
Brian J. Neary, Esq
Anthony J. Pope, Esq. Picillo Caruso Pope Edell Picini, PC
It's not too late! There's still time to register. Don't get left behind!
Register Online NOW!
View the Annual Meeting Promotional Flyer
4. Upcoming charity races and community events
5/16/09 CASA Kids 5K Run 9am Princeton Pike Corporate Center
1009 Lenox Drive Lawrenceville, NJ 08648 When you register, write down under the team category- "RVRR."
May 16, 2009 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ What You Get: Give-A-Ways, i.e., Commemorative T-Shirt and more. Free beer http://rumsonhash.multiply.com/
May 20 Middlesex County Bar- Installation Dinner See Bright Armory
May 22 Memorial Day Friday “Legends of Belmar Night” Friday Join Ken V and friends the Friday night before race for "Legends Night" in Belmar at D’Jays, Bar A & Columns. Start approx 5pm. Leave work early
May 23 Spring Lake 5 mile race 8:30
5. Kenneth Vercammen named Super Lawyer for 2009 in the Criminal Law- DWI practice area.
ABOUT SUPER LAWYERS
Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
Super Lawyers is published as a special supplement in leading newspapers and city and regional magazines across the country. Super Lawyers magazine, featuring articles about attorneys named to the Super Lawyers list, is distributed to all attorneys in the state or region, the lead corporate counsel of Russell 3000 companies and the ABA-approved law school libraries.
Polling, research and selection are performed by Law & Politics, a publication of Key Professional Media, Inc. Law & Politics has been publishing legal magazines since 1990 and Super Lawyers since 1991.
Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research of Law & Politics. Super Lawyers magazine is published in all 50 states and reaches more than 13 million readers.
SUPER LAWYERS SELECTION PROCESS
OVERVIEW
In selecting attorneys for Super Lawyers, Law & Politics employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.
The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.
The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.
PUBLICATION
The final published list represents no more than 5 percent of the lawyers in the state. The lists are published annually in state and regional editions of Super Lawyers magazines and in inserts and special advertising sections in leading city and regional magazines and newspapers. All attorneys selected for inclusion in Super Lawyers, regardless of year, can be found on superlawyers.com.
http://www.superlawyers.com/new-jersey/lawyer/Kenneth-A-Vercammen/73f0b3a6-71c1-4ae1-a5d0-803ddb2739a9.html
Thursday, April 23, 2009
NJ Laws Email Newsletter E302
NJ Laws Email Newsletter E302
April 23, 2009
In This Issue
_______________
1. Governor Corzine Signed a New Law that Prohibits Alimony and Awards Concerning Equitable Distribution to Persons who Commit Certain Crimes; Eliminates Inheritance Rights for Parents who Abuse or Abandon Children.
2. Governor Corzine Signs New Law Limiting Teen Drivers.
3. Homeowner's Insurance Company Must Pay for Injury to Tire Changer Who Fell on Ice, Not Car Insurance.
4. Welcome Spring Staff to Kenneth Vercammen & Associates, P.C.
_______________
1. Governor Corzine Signed a New Law that Prohibits Alimony and Awards Concerning Equitable Distribution to Persons who Commit Certain Crimes; Eliminates Inheritance Rights for Parents who Abuse or Abandon Children.
New Law prohibits alimony and awards concerning equitable distribution to persons who commit certain crimes; eliminates inheritance rights for parents who abuse or abandon children. This Law is intended to ensure that undeserving persons are not rewarded financially by the alimony and intestacy laws of this State.
Section 1 of the Law denies alimony to any person convicted of murder, manslaughter, criminal homicide, death by auto or vessel, aggravated assault, or a substantially similar offense under the laws of another jurisdiction, if the crime results in the death of another person and if the crime was committed after the divorce or dissolution of the marriage or civil union. Section 1 also provides that a court's authority to deny alimony for other bad acts is not changed. Under prior law, fault is irrelevant to alimony awards except if: (1) the fault affects the economic life of the parties or (2) the fault so violates societal norms that continuing the economic bonds between the parties would confound notions of simple justice. Calbi v. Calbi, 396 N.J. Super. 532, 540 (App. Div. 2007).
Section 2 of the Law eliminates a parent's right to inherit from the estate of their child if the parent abused, abandoned, neglected, endangered the welfare of, or committed any sexual offense against the minor child. If a parent is disqualified from taking a distributive share in the estate of a decedent under the section 2 of the Law, the estate of the child is distributed as though the parent had predeceased the decedent. Section 2 also provides that no sibling of the half blood of the decedent whose parent is disqualified may take a distributive share in the estate of the deceased child.
Under old law, the intestate share of a decedent child's estate is equally distributed between the surviving parents, regardless of whether that child's parents abused the child prior to his death.
Legislation Assembly members Sandra Love, Paul D. Moriarty and Valerie Vainieri Huttle sponsored to block alimony payments to convicted killers and eliminate inheritance rights for parents who abandon or abuse a child was signed into law by Governor Jon S. Corzine.
Under New Law (A-2681), alimony will be denied to any person convicted of a crime that resulted in death or serious bodily injury to a family member of a divorcing party, and the crime was committed after the marriage or civil union.
In addition, a person convicted of an attempt or conspiracy to commit murder will not receive alimony from the person who was the intended victim or be awarded equitable distribution.
The legislation was prompted by the case of Chris Calbi, a 14-year-old-boy from Old Tappan, Bergen County, who died after sustaining a lethal kick to the neck from his mother during a domestic argument.
Following his son's death, Calbi's father found there was no legal precedent to preclude his having to make alimony payments to his estranged wife upon her parole.
"This law really serves a simple and singular purpose: to keep money out of the hands of those who would go so far as to beat and kill their own family and then expect to receive an alimony payment from a former spouse." "Convicted killers should not be able to profit from their misdeeds."
The law also seeks to prevent abusive parents from receiving an inheritance settlement from the estates of a deceased child.
It was prompted by the horrific case of Faheem Williams, the 7-year-old Newark youngster whose mummified corpse was found in an apartment basement by police in 2003after his mother had abandoned him and other siblings to live with her cousin.
Although the cousin pled guilty to manslaughter in Faheem's death, Faheem's mother had to be separately barred from seeking the $1 million that the state paid to her son's estate.
Under previous law, the intestate share of a decedent child's estate was equally distributed between the surviving parents, regardless of whether that child's parents abused the child before his death.
"Any parent found to have abused their child should immediately forfeit their right to their child's estate."
"No parent who puts their innocent child's life in danger should get one penny."
"We need to take proactive steps to ensure that when a child is the victim of a tragic crime or the subject of abuse their estates are not looted by family members whose very neglect led to their deaths."
Under the law, a parent loses all rights to intestate succession and to administer the estate if:
They refused to acknowledge or abandoned the child by willfully forsaking or failing to care for it in such a way that it exposed the child to physical or moral risk.
"They were convicted of committing sexual assault, criminal sexual contact, endangering welfare of children, attempt or conspiracy to murder the child or committed abuse or neglect that contributed to the child's death. The subject of abuse their estates are not looted by family members whose very neglect led to their deaths."
Under the New Law, a parent loses all rights to intestate succession and to administer the estate if:
They refused to acknowledge or abandoned the child by willfully forsaking or failing to care for it in such a way that it exposed the child to physical or moral risk.
"They were convicted of committing sexual assault, criminal sexual contact, endangering welfare of children, attempt or conspiracy to murder the child or committed abuse or neglect that contributed to the child's death."
2. Governor Corzine Signs New Law Limiting Teen Drivers.
New Jersey is first state to have teen driver decal. Senate Bill S-2314/A-3069 requires the use of an identifier on vehicles driven by teens holding a permit or provisional license.
"Having a driver's license is an awesome responsibility for any teenager," Governor Corzine said. "The legislation I am signing today initiates several preventative measures to help avoid further teen driving tragedies while ensuring that our young people are better prepared to safely take to the roadways."
The new law also will assist police in identifying young drivers who may be in violation of the Graduated Driver License (GDL) restrictions.
Governor Corzine also signed S-16/A-3070, revising nighttime driving and passenger restrictions on permit and provisional drivers. New Jerseys' Graduated Driver License (GDL) law currently restricts teens on a provisional license from driving between midnight and 5 a.m. Although only 15 percent of miles driven by 16 and 17-year-olds are between 9 p.m. and 6 a.m., more than 40 percent of their fatal crashes occur during this time period. The bill also renames the provisional license "probationary."
"We live in the most densely populated state in the nation in an era of constant distractions." Over the last few years, we've witnessed a number of tragic accidents that could have been avoided. Hopefully these changes will make sure that inexperienced drivers have greater supervision and less distractions while they're still learning the ropes."
"Statistics show that 40 percent of fatal teen car accidents occur between the hours of 9 p.m. and 6 a.m." "This new law will work to protect all drivers by reducing these numbers, while also making it easier for law enforcement officers to identify teen drivers. This bill isn't about profiling, but instead ensuring that parents, young drivers and police officers are able to take an active role in protecting our roadways."
The bills signed today address four recommendations contained in the Teen Driver Study Commission's March 2008 report. Three of those recommendations are essential for stemming the tide of teen driver crashes that last year claimed 60 teen lives - 37 drivers and 23 passengers.
"Every nine minutes a teen crashes in New Jersey," Division of Highway Traffic Safety Director Pam Fischer said. "The legislation signed today by Governor Corzine will help to ensure that young drivers, who clearly face a higher risk on our roadways, remain safe during the most dangerous time of their lives. These bills will help reduce teen crashes and ultimately save young lives."
According to the NJ Teen Driver Study Commission Report, a teen driver is 158 percent more likely to be killed in a crash while carrying two passengers. The risk increases to 207 percent when there are three passengers in a teen driver's car. The increased risk is often the result of distraction and others in the car encouraging the teen driver to take risks with most teen crashes in NJ occur after school.
In total, the report outlines 47 recommendations to help reduce teen crashes, and ultimately save lives. While the State has the oldest minimum driving age in the nation (17) and a strong Graduated Driver License (GDL) law that addresses teen risk factors (i.e., passengers, nighttime driving, cell phones, and seat belts), the Commission determined that more can and must be done to reduce teen driver crashes and save lives.
Between 2002 and 2008, more than 400 teen drivers and teens who were passengers in teen-driven vehicles, died on the state's roadways.
3. Homeowner's Insurance Company Must Pay for Injury to Tire Changer Who Fell on Ice, Not Car Insurance.
3-25-09 Penn National Insurance Company v. Frank Costa(A-36-08)
In order to determine whether an injury arises out of the maintenance, operation or use of a motor vehicle thereby triggering automobile insurance coverage, there must be a substantial nexus between the injury suffered and the asserted negligent maintenance, operation or use of the motor vehicle.
In this case, there is no rational linkage between the negligent failure to clear the driveway of snow and ice and the entirely non-negligent maintenance activity in which Costa was engaged.
Therefore, Costa's homeowners insurance policy must respond to Arians's claims.
4. Welcome Spring Staff to Kenneth Vercammen & Associates, P.C.
This spring we have accepted into our mentor / internship program the following four people and they have done a great job.
Joseph Jakubczyk of St. Peter's College
Paula Anna Iwaniuk of Drew University
Tanya Sharp of Colorado Technical University
Ruchita Oza, who obtained her Masters of Law from Temple University Beasley School of Law.
April 23, 2009
In This Issue
_______________
1. Governor Corzine Signed a New Law that Prohibits Alimony and Awards Concerning Equitable Distribution to Persons who Commit Certain Crimes; Eliminates Inheritance Rights for Parents who Abuse or Abandon Children.
2. Governor Corzine Signs New Law Limiting Teen Drivers.
3. Homeowner's Insurance Company Must Pay for Injury to Tire Changer Who Fell on Ice, Not Car Insurance.
4. Welcome Spring Staff to Kenneth Vercammen & Associates, P.C.
_______________
1. Governor Corzine Signed a New Law that Prohibits Alimony and Awards Concerning Equitable Distribution to Persons who Commit Certain Crimes; Eliminates Inheritance Rights for Parents who Abuse or Abandon Children.
New Law prohibits alimony and awards concerning equitable distribution to persons who commit certain crimes; eliminates inheritance rights for parents who abuse or abandon children. This Law is intended to ensure that undeserving persons are not rewarded financially by the alimony and intestacy laws of this State.
Section 1 of the Law denies alimony to any person convicted of murder, manslaughter, criminal homicide, death by auto or vessel, aggravated assault, or a substantially similar offense under the laws of another jurisdiction, if the crime results in the death of another person and if the crime was committed after the divorce or dissolution of the marriage or civil union. Section 1 also provides that a court's authority to deny alimony for other bad acts is not changed. Under prior law, fault is irrelevant to alimony awards except if: (1) the fault affects the economic life of the parties or (2) the fault so violates societal norms that continuing the economic bonds between the parties would confound notions of simple justice. Calbi v. Calbi, 396 N.J. Super. 532, 540 (App. Div. 2007).
Section 2 of the Law eliminates a parent's right to inherit from the estate of their child if the parent abused, abandoned, neglected, endangered the welfare of, or committed any sexual offense against the minor child. If a parent is disqualified from taking a distributive share in the estate of a decedent under the section 2 of the Law, the estate of the child is distributed as though the parent had predeceased the decedent. Section 2 also provides that no sibling of the half blood of the decedent whose parent is disqualified may take a distributive share in the estate of the deceased child.
Under old law, the intestate share of a decedent child's estate is equally distributed between the surviving parents, regardless of whether that child's parents abused the child prior to his death.
Legislation Assembly members Sandra Love, Paul D. Moriarty and Valerie Vainieri Huttle sponsored to block alimony payments to convicted killers and eliminate inheritance rights for parents who abandon or abuse a child was signed into law by Governor Jon S. Corzine.
Under New Law (A-2681), alimony will be denied to any person convicted of a crime that resulted in death or serious bodily injury to a family member of a divorcing party, and the crime was committed after the marriage or civil union.
In addition, a person convicted of an attempt or conspiracy to commit murder will not receive alimony from the person who was the intended victim or be awarded equitable distribution.
The legislation was prompted by the case of Chris Calbi, a 14-year-old-boy from Old Tappan, Bergen County, who died after sustaining a lethal kick to the neck from his mother during a domestic argument.
Following his son's death, Calbi's father found there was no legal precedent to preclude his having to make alimony payments to his estranged wife upon her parole.
"This law really serves a simple and singular purpose: to keep money out of the hands of those who would go so far as to beat and kill their own family and then expect to receive an alimony payment from a former spouse." "Convicted killers should not be able to profit from their misdeeds."
The law also seeks to prevent abusive parents from receiving an inheritance settlement from the estates of a deceased child.
It was prompted by the horrific case of Faheem Williams, the 7-year-old Newark youngster whose mummified corpse was found in an apartment basement by police in 2003after his mother had abandoned him and other siblings to live with her cousin.
Although the cousin pled guilty to manslaughter in Faheem's death, Faheem's mother had to be separately barred from seeking the $1 million that the state paid to her son's estate.
Under previous law, the intestate share of a decedent child's estate was equally distributed between the surviving parents, regardless of whether that child's parents abused the child before his death.
"Any parent found to have abused their child should immediately forfeit their right to their child's estate."
"No parent who puts their innocent child's life in danger should get one penny."
"We need to take proactive steps to ensure that when a child is the victim of a tragic crime or the subject of abuse their estates are not looted by family members whose very neglect led to their deaths."
Under the law, a parent loses all rights to intestate succession and to administer the estate if:
They refused to acknowledge or abandoned the child by willfully forsaking or failing to care for it in such a way that it exposed the child to physical or moral risk.
"They were convicted of committing sexual assault, criminal sexual contact, endangering welfare of children, attempt or conspiracy to murder the child or committed abuse or neglect that contributed to the child's death. The subject of abuse their estates are not looted by family members whose very neglect led to their deaths."
Under the New Law, a parent loses all rights to intestate succession and to administer the estate if:
They refused to acknowledge or abandoned the child by willfully forsaking or failing to care for it in such a way that it exposed the child to physical or moral risk.
"They were convicted of committing sexual assault, criminal sexual contact, endangering welfare of children, attempt or conspiracy to murder the child or committed abuse or neglect that contributed to the child's death."
2. Governor Corzine Signs New Law Limiting Teen Drivers.
New Jersey is first state to have teen driver decal. Senate Bill S-2314/A-3069 requires the use of an identifier on vehicles driven by teens holding a permit or provisional license.
"Having a driver's license is an awesome responsibility for any teenager," Governor Corzine said. "The legislation I am signing today initiates several preventative measures to help avoid further teen driving tragedies while ensuring that our young people are better prepared to safely take to the roadways."
The new law also will assist police in identifying young drivers who may be in violation of the Graduated Driver License (GDL) restrictions.
Governor Corzine also signed S-16/A-3070, revising nighttime driving and passenger restrictions on permit and provisional drivers. New Jerseys' Graduated Driver License (GDL) law currently restricts teens on a provisional license from driving between midnight and 5 a.m. Although only 15 percent of miles driven by 16 and 17-year-olds are between 9 p.m. and 6 a.m., more than 40 percent of their fatal crashes occur during this time period. The bill also renames the provisional license "probationary."
"We live in the most densely populated state in the nation in an era of constant distractions." Over the last few years, we've witnessed a number of tragic accidents that could have been avoided. Hopefully these changes will make sure that inexperienced drivers have greater supervision and less distractions while they're still learning the ropes."
"Statistics show that 40 percent of fatal teen car accidents occur between the hours of 9 p.m. and 6 a.m." "This new law will work to protect all drivers by reducing these numbers, while also making it easier for law enforcement officers to identify teen drivers. This bill isn't about profiling, but instead ensuring that parents, young drivers and police officers are able to take an active role in protecting our roadways."
The bills signed today address four recommendations contained in the Teen Driver Study Commission's March 2008 report. Three of those recommendations are essential for stemming the tide of teen driver crashes that last year claimed 60 teen lives - 37 drivers and 23 passengers.
"Every nine minutes a teen crashes in New Jersey," Division of Highway Traffic Safety Director Pam Fischer said. "The legislation signed today by Governor Corzine will help to ensure that young drivers, who clearly face a higher risk on our roadways, remain safe during the most dangerous time of their lives. These bills will help reduce teen crashes and ultimately save young lives."
According to the NJ Teen Driver Study Commission Report, a teen driver is 158 percent more likely to be killed in a crash while carrying two passengers. The risk increases to 207 percent when there are three passengers in a teen driver's car. The increased risk is often the result of distraction and others in the car encouraging the teen driver to take risks with most teen crashes in NJ occur after school.
In total, the report outlines 47 recommendations to help reduce teen crashes, and ultimately save lives. While the State has the oldest minimum driving age in the nation (17) and a strong Graduated Driver License (GDL) law that addresses teen risk factors (i.e., passengers, nighttime driving, cell phones, and seat belts), the Commission determined that more can and must be done to reduce teen driver crashes and save lives.
Between 2002 and 2008, more than 400 teen drivers and teens who were passengers in teen-driven vehicles, died on the state's roadways.
3. Homeowner's Insurance Company Must Pay for Injury to Tire Changer Who Fell on Ice, Not Car Insurance.
3-25-09 Penn National Insurance Company v. Frank Costa(A-36-08)
In order to determine whether an injury arises out of the maintenance, operation or use of a motor vehicle thereby triggering automobile insurance coverage, there must be a substantial nexus between the injury suffered and the asserted negligent maintenance, operation or use of the motor vehicle.
In this case, there is no rational linkage between the negligent failure to clear the driveway of snow and ice and the entirely non-negligent maintenance activity in which Costa was engaged.
Therefore, Costa's homeowners insurance policy must respond to Arians's claims.
4. Welcome Spring Staff to Kenneth Vercammen & Associates, P.C.
This spring we have accepted into our mentor / internship program the following four people and they have done a great job.
Joseph Jakubczyk of St. Peter's College
Paula Anna Iwaniuk of Drew University
Tanya Sharp of Colorado Technical University
Ruchita Oza, who obtained her Masters of Law from Temple University Beasley School of Law.
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