2053 Woodbridge Avenue - Edison, NJ 08817

Thursday, August 31, 2006

Ken Vercammen's NJ Laws email newsletter July 27, 2006 E220

In this issue:
1 Hawaii Night - Saturday, August 26
2 Recent cases- In DWI Police Not Required to Prove Defendant Advised of Independent Testing.
3. Mandatory 180 Days in Jail For 3rd Offender DWI.
4. Suspended Jail Sentence Permitted in Juvenile Cases
5. Insurance Law- Argent v Brady
6. Seminar- Elder Law Practice: New Ethical Ideas to Improve Your Practice by Giving Clients What They Want and Need
7. Need a Good Attorney?
1. Friends of Cynthia Vercammen are invited to
Hawaii Night Saturday, August 26 6pm-10:00
Tiki Bar, Karokee and Dancin DJ's
Beer, wine, JD, soda, food. You can bring a rum bottle for the blenders, mixers or your favorite drink
LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522)
To RSVP or for Directions, send an email to KenVnjlaws@verizon.net
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or
732-940-8962 (evening) [Don't sent email to kenv@njlaws]
Yes, We will be attending the party - fax back to Law Office
Fax: (732) 572-0030
Name: _____________________________
E-mail: _____________________

2 Recent cases- In DWI Police Not Required to Prove Defendant Advised of Independent Testing. State v Howard 383 N.J. Super. 538 (App Div. 2006)
The State in a DWI case is not required to prove that a defendant has been advised of his or her right to independent testing pursuant to N.J.S.A. 39:4-50.2(c) and (d) in order to sustain a conviction of a per se violation under N.J.S.A. 39:4-50(a).

3. Mandatory 180 Days in Jail For 3rd Offender DWI. State v Luthe 383 N.J. Super. 512 (App Div. 2006)
N.J.S.A. 39:4-50(a)(3) does not authorize non custodial alternatives to the mandatory 180 days confinement, whether that confinement be served entirely in jail or partially in an inpatient facility. There is no statutory authority for work release programs, out-patient treatment, or the like as an alternative.

4. Suspended Jail Sentence Permitted in Juvenile Cases. In the Interest of M.C. 384 N.J. Super. 116 (App Div. 2006)
A Family Court judge imposed suspended sentences in three separate, unrelated juvenile cases involving defendants M.C., M.P., and S.J. The State contended that the sentences imposed are illegal. The Code of Juvenile Justice, N.J.S.A. 2A: 4A-20 to -91 (the Code), should be interpreted to permit suspended sentences. The Code is silent on the subject of suspended sentences. Nevertheless, the court concluded that its provisions are sufficiently flexible to permit our courts to impose suspended sentences as a viable disposition, given its fundamental rehabilitative and penal objectives.

5. Insurance Law- Argent v Brady

Appellate Division, A-2339-05T2, approved for publication June 27, 2006.
The business pursuits exclusion of a policy of homeowner’s insurance barred any obligation by the insurer to defend or indemnify the resident son of the named insureds from alleged liability for injuries that were sustained by an infant who was bitten by the son’s dog while the infant was receiving day care from the son’s mother. Source: Facts-on-Call Order No. 93074

6. Seminar- Elder Law Practice: New Ethical Ideas to Improve Your Practice by Giving Clients What They Want and Need

Saturday August 5, 2006 7:30am
Hawaii Convention Center, Honolulu Oahu Room 317B

Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA

Kenneth A. Vercammen, Esq. - co-author
"Nuts & Bolts of Elder Law", Edison, NJ

Plus special added speaker:
Elder law expert Charles Sabatino, director of the ABA's Commission on Law & Aging, who will talk about how the commission is helping lawyers help seniors deal with Medicare Part D, other elder law issues, and the anniversary of the Terry Schiavo case.

Contact American Bar Association's ITS at 800-421- 0459 for registration

Topics: "How To Start & Build An Elder Law Practice"
New Medicaid Law 2006- Protect yourself from inaccurate advice and malpractice
Getting referrals from other professionals
Email newsletters
Ethical marketing
How to achieve greater career satisfaction
How to get more referrals and repeat business
How to manage telephone conversations with your clients
marketing with written fee agreements
-Networking the Internet without backlash
-Ethics and marketing without violating the Rules of Professional Conduct
-Keeping clients informed to improve your practice

7. Need a Good Attorney?
Our firm receives many new clients as a result of referrals from current clients and other friends of our firm. We would like to express our deep thanks to everyone who refers their family, friends and co-workers to our firm. We sincerely appreciate the trust and confidence you show in us by making these referrals.

Thank you for thinking of us when a family member, friend or co-workers needs legal assistance. We Will continue to strive to provide the highest standard of legal service and representation to you and everyone you refer to our firm.

We have also developed a network of 500 New Jersey and other state attorneys through our membership in the American Bar Association. If we do not handle a type of case, we can attempt to


Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com

Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.

"Celebrating more than 20 years of providing excellent service to clients 1985-2006" Former Prosecutor
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Always schedule an office appointment with an experienced attorney when you have a legal matter. The Rules of Court limit an attorney's ability to discuss matters over the phone. If you have legal questions, you should schedule an in- office consultation.

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