NJ Laws Email Newsletter E264
Kenneth Vercammen, Attorney at Law December 20, 2007
In This Issue
_______________
1. More Holiday cheer at this great site.
2. Recent cases: Lack of Notice to Victim Not Grounds to Vacate Plea.
3. 3rd DWI Requires 90 Consecutive Days in jail, no weekends.
4. Police Can Use An Electronic Tracking Device to Trace a Stolen Cell Phone
5. Balance Billing between the Medicaid program and the Medicare program. By Thomas D. Begley, Jr., Esquire
6. More articles added to website www.njlaws.com
_____________________________________________________________
1. More Holiday cheer at this great site: http://holidays.blastcomm.com/
HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:
Wesoly Siat, Bozega Narodzenia (Merry Christmas in Polish)
FROHE
WEIHNACHTEN
PRÓSPERO AÑO NUEVO
HAPPY NEW YEAR
FRIEDEN
GLÜCKLICHES NEUES JAHR
JOYEUX NOËL
PRETTIGE
KERSTDAGEN
GELUKKIG
NIEUWJAAR
BUON
NATALE
BONNIE ANNEE
HYVÄÄ JOULUA
2. Recent cases: Lack of Notice to Victim Not Grounds to Vacate Plea. State v. Means 191 NJ 670 (2007).
A trial court may not set aside a plea agreement solely because the prosecutor failed to notify the victims prior to entering into the plea agreement.
3. 3rd DWI Requires 90 Consecutive Days in jail, no weekends. State v. Kotsev ___ NJ Super. ___ (App. Div. Decided July 23, 2007) A-3256-05T5.
1. N.J.S.A. 39:4-50 mandates a minimum of ninety consecutive days incarceration for a third or subsequent conviction for driving while intoxicated (DWI). Sheriff's Labor Assistance Programs (SLAP) and weekend service are not substitute sentencing for third or subsequent offenders.
2. The 1993 statute mandated a third or subsequent offender to serve 180 days incarceration "except that the court may lower such term for each day, not exceeding ninety days, served performing community service." No other options are available.
3. The 2004 amendment to N.J.S.A. 39:4-50, commonly referred to as Michael's Law, similarly mandates 180 days incarceration but allows a reduction of one day for each day, not exceeding ninety days, in an inpatient rehabilitation program.
A third or subsequent DWI conviction, under the current statute requires a defendant to serve a minimum of ninety consecutive days of incarceration.
4. Police Can Use An Electronic Tracking Device to Trace a Stolen Cell Phone. State v. Laboo ___ NJ Super. ___ (App. Div. Decided August 28, 2007) A-3746-06T5.
Three individual committed a string of armed robberies over the course of a one-hour period, taking items that included two cell phones. Approximately thirty hours after the last robbery, police used a tracking device to track one of the stolen cell phones to a three-family home located in a high crime area. Three officers entered the building and used a handheld tracking device to determine the exact apartment. An officer knocked on the apartment door and announced that he was a police officer. The officer then heard a young female yelling and a man's voice saying "shut up, shut up, 5-0," and scurrying inside the apartment. Without obtaining a warrant, the officers forcibly entered the apartment, wherein they found evidence from the robberies.
The Court reversed the law division's order suppressing the evidence. The search was justified because the exigent circumstances, although police-created, arose as a result of reasonable investigative conduct. The Court held that the police were not required to procure a warrant because a delay presented a real potential danger to the officers and public, under the circumstances.
5. Balance Billing between the Medicaid program and the Medicare program. By Thomas D. Begley, Jr., Esquire
There is a significant difference on the issue of balance billing between the Medicaid program and the Medicare program.
1. Medicaid. Medicaid reimbursement rates are very low and as a result it is often difficult to obtain services because providers refuse to accept Medicaid. It is not possible for the patient to pay the difference between the private pay rate and the Medicaid pay rate. This is known as balance billing. Medicaid participating providers must accept the Medicaid payment as "payment in full."[1] This means that providers accepting Medicaid waive their right to bill Medicaid beneficiaries for any amounts over the Medicaid payment.
Several states have refused to allow providers to assert liens against Medicaid beneficiaries where there is clear third party liability and the Medicaid beneficiary has obtained a significant tort recovery.
In Illinois,[2] the hospital brought an action against the Medicaid agency to allow it to refund the Medicaid reimbursement so that it could sue the Medicaid beneficiary who had obtained a substantial tort judgment. The Seventh Circuit held that the hospital could not refund the Medicaid payment to the Medicaid agency and sue the Medicaid beneficiary. The Court noted, "Medicaid is a payer of last resort." The state can seek reimbursement from third parties, but private providers may not.
In a similar case in Florida,[3] the hospital placed a lien on the settlement award, but the court held that when a Medicaid patient obtains a tort recovery in excess of the medical expenditures paid by Medicaid, that recovery is meant to go to the injured party, not the provider. A similar result was reached in another Florida case.[4]
A federal appellate court has found that a hospital's lien on the proceeds of a malpractice settlement was invalid and unenforceable because the hospital had already accepted Medicaid payments for the care provided to the patient.[5] "By accepting Medicaid payments, Spectrum waived its right to its customary fee for services provided to Bowling..." "Although Medicaid rates are typically lower than a service provider's customary fees, medical service providers must accept state-approved Medicaid payment as payment in full and may not require that patients pay anything beyond that amount."
California invalidated two state statutes authorizing provider liens against Medicaid beneficiaries.[6] The statutes authorized providers to file liens against recoveries obtained by Medicaid beneficiaries even after the provider received Medicaid. The court found that the state statutes were preempted by federal legislation banning balance billing.
2. Medicare. Previously, Medicare had a prohibition against billing Medicare beneficiaries in excess of the payment made by Medicare. Participation has been limited to providers who agreed to accept Medicare as payment in full. Recent changes in the Medicare law[7] now permit a provider to bill a Medicare beneficiary or assert a lien against the beneficiary's recovery obtained from the tortfeasor by way of settlement or award.[8]
In the seminal case,[9] a hospital sought to recover from the Medicare patient more than it received from Medicare reimbursement. The 1st Circuit held that the fact that the patient recovered more than Medicare reimbursed the hospital did not entitle the hospital to charge the patient the difference between its full fee and Medicare's lower flat fee. The agreement between Medicare and the hospital was that in exchange for Medicare guaranteeing payment to the hospital, there would be no additional payment required from the Medicare beneficiary.
The recent changes now allow providers to bill the liability insurer or place a lien against the Medicare beneficiary's recovery.
1. 42 U.S.C. §1396a(a)(25)(c); 42 C.F.R. §447.15; 42 U.S.C. §1320a-7b(d) .
2. Evanston Hospital v. Hauck, 1 F.3d 540 (7th Cir. 1993).
3. Mallo v. Public Health Trust of Dade County, 88 F.Supp.2d 1376 (S.D. Fla. 2000).
4. Public Health Trust of Dade County v. Dade County School Board, 693 So.2d 562 (Fla. Dist. Ct. App. 1996).
5. Spectrum v. Bowling, 410 F.3d 304 (6th Cir. 2005).
6. Olszewski v. Scripps Health, 135 Cal. Rptr. 2d 1 (Cal. 2003).
7. 68 Fed. Reg. 43940 (July 25, 2003).
8. 42 C.F.R. 411.54(c)(2).
9. Rybicki v. Hartley, 782 F.2d 260 (1st Cir. 1986).
Copyright 2007 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania. Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law and co-author with Kenneth Vercammen, Martin Spigner and Kathleen Sheridan of the 400 plus page book on Elder Law.
The Firm provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.
6. More articles added to website www.njlaws.com
Bail Bonds
Bail rights If Charged With A Criminal Offense
BENT V.TOWNSHIP OF STAFFORD (Public records request needs to be specific)
Birth Injury Cases
Breath machine (Alcotest 7110)
BRESOCNIK v. GALLEGOS (The Hand Delivery of This Letter To Ex-Wife Is Not 'Harassment'.)
buda (STATE v. BUDA)
Burglar's Tools 2C:5-5
CDS Public Property 2C:35-7.1
CDS fraud 2C:35-13
Car Accident (What to Do in an Accident)
Car Accident (What to Do in an Accident)2
Careless
Careless Driving Proof
CASINELLI v. MANGLAPUS
Child Abuse
Child Day Care Injuries
Child Support continues after age 18
Chun Facts (Judge King releases findings regarding 7110 Alcotest DWI machine)
Cigarettes (Sale of cigarettes to persons under age 19) 2C:33-13.1
Civil Arbitration
Client Testimonials
Confidential (Attorney- Client Confidential Relationship)
Contempt (Judge cannot hold lawyer in contempt without OSC and hearing.)
Contempt of Domestic Violence Restraining Order 2C:29-9b
Credit Cards 2C:21-6
Criminal Attorney (Fines for Criminal Charges in New Jersey)
Cross Examination
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Thursday, December 20, 2007
Wednesday, December 12, 2007
NJ Laws Email Newsletter E263 - December 12, 2007
Kenneth Vercammen, Attorney at Law December 12, 2007
In This Issue
_______________
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.
2. Recent Cases: In Criminal Fatal Accident it is Not Unconstitutional that Driver Required to Stay at Scene
3. Santa Claus Welcomes You to Claus.com
4. Holly Jolly Christmas lyrics
5. FREEZING COLD HASH RUN Sat. Jan. 5, 2008 10:00am 4 -6 MILE GROUP RUN.
6. Congratulations to Jerry Fennelly, Entrepreneur of the Year Princeton Regional Chamber of Commerce
7. Recent articles added to website.
______________________________________________
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.).
See Christmas/ Holiday photo with world's fastest dog at: http://www.njlaws.com/holiday2007.htm
The Holiday/Christmas time is the Season for giving.
Therefore, instead of mailing out cards to businesses, we will be making a donation to the St. James Food Bank located at 2136 Woodbridge Ave, Edison, NJ and offering the following gifts to friends and clients:
* T-Shirts "My attorney fights to win"
* Can Coozies
* Water Bottles
* USA Key Chains
* Refrigerator Magnet Clips
* 2008 Flag Calendar "America the Beautiful"
* Wallet 2008 Calendar
* Wallet Size "What to do in accident"
2. Recent Cases: In Criminal Fatal Accident it is Not Unconstitutional that Driver Required to Stay at Scene. State v. Fisher 395 NJ Super. 533 (App. Div. 2007)
Pursuant to N.J.S.A. 2C:11-5., a driver involved in a motor vehicle accident that results in a death of another person is guilty of a crime if the driver fails to comply with the requirements of N.J.S.A. 39:4-129. The driver must either remain at the scene to provide his or her driving credentials to designated persons or report the accident and his or her identity to the nearest officer of the local police department, county police or the State Police. Compliance with those requirements would preclude prosecution under N.J.S.A. 2C:11-5.1.
Moreover, compliance with those requirements would not violate the driver's privilege against self-incrimination. As the United States Supreme Court recognized in California v. Byers, disclosure of name and address is essentially a neutral act and most accidents occur without creating criminal liability. Under the facts of this case, there was no reasonable bases for the driver to apprehend prosecution, inasmuch as the decedent had been crouching or lying near the middle of the road. If, under different facts, compliance with the statutory requirements did pose a legitimate risk of self-incrimination, it might be necessary to accord compliant drivers use or derivative-use immunity as outlined in State v. Patton.
3. Santa Claus Welcomes You to Claus.com.
CLAUS.COM is one of the top-rated Santa Claus websites and is known around the world.
Santa Claus has the North Pole Village full of fun things to do for both kids and parents, including lots of new things this year. Check your Naughty or Nice rating. Choose your very own Elf Buddy. Play games in Elf School. Print your Honorary Elf Diploma. Sing along with new original Christmas songs. Try funny holiday recipes. Visit the amazing Toy Workshop. Send E-mail to Santa Claus. Follow Santa Claus in his sleigh on Christmas Eve. See how many cookies Santa Claus eats on his trip. Wonderful illustrations and a creative family experience. http://www.claus.com/index.php
4. Holly Jolly Christmas Lyrics.
Have a holly, jolly Christmas,
It's the best time of the year
I don't know if there'll be snow,
But have a cup of cheer.
Have a holly, jolly Christmas,
And when you walk down the street,
Say "Hello" to friends you know
And everyone you meet.
Oh, Ho, the mistletoe,
Hung where you can see,
Somebody waits for you,
Kiss her once for me.
Have a holly, jolly Christmas,
And in case you didn't hear,
Oh by golly, have a holly,
Jolly Christmas this year.
by Johnny Marks
5. FREEZING COLD HASH RUN
START:
Kenneth Vercammen Law Office
2053 Woodbridge Ave., Edison, NJ
[near the Nixon Post Office]
We then drive to the secret start.
POTENTIAL EXCITING DANGERS/ CHALLENGES
if you get lost.
- Buried bombs with mustard gas
- Slide on Mud on cliffs
- Get bitten by starving animals
- Slip on Ice and break bones
- Exploding Gas Pipelines
- Cut your leg on sharp Branches
- Slip on Snow and Break Arm
- Touch 29,000 Volts of Electricity
- Run into Tree Branches, Poke Eye Out
- Angry deer with huge antlers
- Fall off Bridges into Cold Water
- Frozen Rats & other dead animals
- Sticker Bushes
- Crawl under barbed wire
- Bad Drivers from New York Who Don't Speak English
The Hash House Harriers again return to the woods and marsh of Edison. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex and different course through woods, grass, swamp and marsh.
Brought to you by the Rumson Hash House Harriers.
COST: NO FEE TO RUN. Bring a canned food donation for the St. James Food Bank.
FREE BEER FOR WOMEN 21-69
$5.00 FOR THE POST RUN SOCIAL, HELD AT THE GREEN DERBY BAR. SITE OF THE "ON-ON" BREWS. A fun time is guaranteed! Wear old running shoes. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense a humor is a must. Prizes and giveaways at the post race social!
See info at
www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
Volunteers needed to help set up or point the way- even if you don't plan on running.
Discover great running paths. Tired of the same old neighborhood roads, traffic and bad drivers? Join the off-road runners for a great and unusual training run. See the swamps and wooded areas saved from development.
For details call Ken V. at 732-572-0500
DIRECTIONS: http://www.njlaws.com/directions_to_office.htm
[Weekly directions 732-219-0301]
See exciting photos: http://groups.msn.com/RumsonHash/freezingcoldhash2005.msnw
Be cautious- this is woods running- not a nice road with course marshals. Warning: You may encounter the following hazards to slow you down: Wild Dogs, Rabid Raccoons, rats, marshes, Swamp gas, Sticker bushes, potential exercise, parts of trail underwater, destruction of running shoes and clothes from dirt, loud men over 50, secret trails and more. Brought to you by the Rumson Hash House Harriers- The group that brings you the famous Cheesequake Park Hashathon every November.
THE ON-ON SOCIALIZING (POST RUN)
As soon as we are finished, we participate in the "On-On" for beverages and socializing. We will visit the nearby Green Derby Bar on Woodbridge Ave, Edison- Free beer for women 21-69, pretzels, more beer, restrooms, beer & heat. EXOTIC FOODS AVAILABLE, INCLUDING traditional Tentacles, Pigeon, AND MYSTERY ANIMAL.
Directions Jan. 5- http://www.njlaws.com/directions_to_office.htm
Directions to other weekly hashes held every Saturday at various locations in Monmouth and Middlesex Counties, call the Rumson Hash House Harriers Hot Line 732-219-0301
Look for the Hasher banner and guys in old running clothes.
For information call Run "hare" Kenneth Vercammen, Esq. at 732-572-0500 days
Info at http://www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
Waiver of injury form for participants: I hash for Fun and admit if I get hurt its my own fault. I recognize no one has insurance and agree not to file any type of claim or suit ever.
6. Congratulations to Jerry Fennelly, Entrepreneur of the Year Princeton Regional Chamber of Commerce.
The President and Founder NAI Fennelly Associates, Inc.
Mr. Fennelly was honored on November 28, 2007 at Tournament Players Club Jasna Polana, Princeton, New Jersey during the Annual Business Leadership Awards Gala
NAI Fennelly Associates, Inc. has been providing professional real estate services to the New Jersey business community since 1986.
As a company, they strive, at all times, to develop lasting relationships by offering the professional personnel, resources and innovative technologies needed to ensure our clients the best services available. Since 1998, their partnership in NAI Global, allows them to deliver services seamlessly nationally and internationally.
http://www.fennelly.com/
7. Recent articles added to website
http://www.njlaws.com/alphabetical_index.htm
http://njlaws.com/ABAEditor.html
http://njlaws.com/ABA_Elder_Law_Committee.htm
http://njlaws.com/ATTLegal.html
http://njlaws.com/AccidentChiro2.html
http://njlaws.com/AccidentChiro.html
http://njlaws.com/AccidentChiro2.html
http://njlaws.com/AccidentReportFax.htm
http://njlaws.com/AccidentReqInstoPay.htm
http://njlaws.com/Accident_WhatToDo.htm
http://njlaws.com/AccidentsNJ.html
http://njlaws.com/AccountingProbate.html
http://njlaws.com/AdministrationEstate.html
http://njlaws.com/Adoption9_3-45.html
http://njlaws.com/Affirmativedefenses2c2-5.html
http://njlaws.com/AggravatedAssa2C.12-1.b.html
http://njlaws.com/AirBagInjury.html
http://njlaws.com/AlcoholBeer.html
http://njlaws.com/Alcotest7110.html
http://njlaws.com/Alimony.html
http://njlaws.com/Allowingdwi.html
http://njlaws.com/AlzheimerWills.html
http://njlaws.com/Analog2C35-10.html
http://njlaws.com/Annulment.htm
http://njlaws.com/AnswerCivil.html
http://njlaws.com/AnswerProbate.html
http://njlaws.com/AragLegal.html
http://njlaws.com/Arrest_Criminal_Violation.htm
http://njlaws.com/Arson2C-17-1.html
http://njlaws.com/Assault2C-12-1.html
http://njlaws.com/AssetProtection.html
http://njlaws.com/AttyExecutor.html
http://njlaws.com/AttyFees.html
http://njlaws.com/auto_accidents.htm
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
In This Issue
_______________
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.
2. Recent Cases: In Criminal Fatal Accident it is Not Unconstitutional that Driver Required to Stay at Scene
3. Santa Claus Welcomes You to Claus.com
4. Holly Jolly Christmas lyrics
5. FREEZING COLD HASH RUN Sat. Jan. 5, 2008 10:00am 4 -6 MILE GROUP RUN.
6. Congratulations to Jerry Fennelly, Entrepreneur of the Year Princeton Regional Chamber of Commerce
7. Recent articles added to website.
______________________________________________
1. Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.).
See Christmas/ Holiday photo with world's fastest dog at: http://www.njlaws.com/holiday2007.htm
The Holiday/Christmas time is the Season for giving.
Therefore, instead of mailing out cards to businesses, we will be making a donation to the St. James Food Bank located at 2136 Woodbridge Ave, Edison, NJ and offering the following gifts to friends and clients:
* T-Shirts "My attorney fights to win"
* Can Coozies
* Water Bottles
* USA Key Chains
* Refrigerator Magnet Clips
* 2008 Flag Calendar "America the Beautiful"
* Wallet 2008 Calendar
* Wallet Size "What to do in accident"
2. Recent Cases: In Criminal Fatal Accident it is Not Unconstitutional that Driver Required to Stay at Scene. State v. Fisher 395 NJ Super. 533 (App. Div. 2007)
Pursuant to N.J.S.A. 2C:11-5., a driver involved in a motor vehicle accident that results in a death of another person is guilty of a crime if the driver fails to comply with the requirements of N.J.S.A. 39:4-129. The driver must either remain at the scene to provide his or her driving credentials to designated persons or report the accident and his or her identity to the nearest officer of the local police department, county police or the State Police. Compliance with those requirements would preclude prosecution under N.J.S.A. 2C:11-5.1.
Moreover, compliance with those requirements would not violate the driver's privilege against self-incrimination. As the United States Supreme Court recognized in California v. Byers, disclosure of name and address is essentially a neutral act and most accidents occur without creating criminal liability. Under the facts of this case, there was no reasonable bases for the driver to apprehend prosecution, inasmuch as the decedent had been crouching or lying near the middle of the road. If, under different facts, compliance with the statutory requirements did pose a legitimate risk of self-incrimination, it might be necessary to accord compliant drivers use or derivative-use immunity as outlined in State v. Patton.
3. Santa Claus Welcomes You to Claus.com.
CLAUS.COM is one of the top-rated Santa Claus websites and is known around the world.
Santa Claus has the North Pole Village full of fun things to do for both kids and parents, including lots of new things this year. Check your Naughty or Nice rating. Choose your very own Elf Buddy. Play games in Elf School. Print your Honorary Elf Diploma. Sing along with new original Christmas songs. Try funny holiday recipes. Visit the amazing Toy Workshop. Send E-mail to Santa Claus. Follow Santa Claus in his sleigh on Christmas Eve. See how many cookies Santa Claus eats on his trip. Wonderful illustrations and a creative family experience. http://www.claus.com/index.php
4. Holly Jolly Christmas Lyrics.
Have a holly, jolly Christmas,
It's the best time of the year
I don't know if there'll be snow,
But have a cup of cheer.
Have a holly, jolly Christmas,
And when you walk down the street,
Say "Hello" to friends you know
And everyone you meet.
Oh, Ho, the mistletoe,
Hung where you can see,
Somebody waits for you,
Kiss her once for me.
Have a holly, jolly Christmas,
And in case you didn't hear,
Oh by golly, have a holly,
Jolly Christmas this year.
by Johnny Marks
5. FREEZING COLD HASH RUN
START:
Kenneth Vercammen Law Office
2053 Woodbridge Ave., Edison, NJ
[near the Nixon Post Office]
We then drive to the secret start.
POTENTIAL EXCITING DANGERS/ CHALLENGES
if you get lost.
- Buried bombs with mustard gas
- Slide on Mud on cliffs
- Get bitten by starving animals
- Slip on Ice and break bones
- Exploding Gas Pipelines
- Cut your leg on sharp Branches
- Slip on Snow and Break Arm
- Touch 29,000 Volts of Electricity
- Run into Tree Branches, Poke Eye Out
- Angry deer with huge antlers
- Fall off Bridges into Cold Water
- Frozen Rats & other dead animals
- Sticker Bushes
- Crawl under barbed wire
- Bad Drivers from New York Who Don't Speak English
The Hash House Harriers again return to the woods and marsh of Edison. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex and different course through woods, grass, swamp and marsh.
Brought to you by the Rumson Hash House Harriers.
COST: NO FEE TO RUN. Bring a canned food donation for the St. James Food Bank.
FREE BEER FOR WOMEN 21-69
$5.00 FOR THE POST RUN SOCIAL, HELD AT THE GREEN DERBY BAR. SITE OF THE "ON-ON" BREWS. A fun time is guaranteed! Wear old running shoes. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense a humor is a must. Prizes and giveaways at the post race social!
See info at
www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
Volunteers needed to help set up or point the way- even if you don't plan on running.
Discover great running paths. Tired of the same old neighborhood roads, traffic and bad drivers? Join the off-road runners for a great and unusual training run. See the swamps and wooded areas saved from development.
For details call Ken V. at 732-572-0500
DIRECTIONS: http://www.njlaws.com/directions_to_office.htm
[Weekly directions 732-219-0301]
See exciting photos: http://groups.msn.com/RumsonHash/freezingcoldhash2005.msnw
Be cautious- this is woods running- not a nice road with course marshals. Warning: You may encounter the following hazards to slow you down: Wild Dogs, Rabid Raccoons, rats, marshes, Swamp gas, Sticker bushes, potential exercise, parts of trail underwater, destruction of running shoes and clothes from dirt, loud men over 50, secret trails and more. Brought to you by the Rumson Hash House Harriers- The group that brings you the famous Cheesequake Park Hashathon every November.
THE ON-ON SOCIALIZING (POST RUN)
As soon as we are finished, we participate in the "On-On" for beverages and socializing. We will visit the nearby Green Derby Bar on Woodbridge Ave, Edison- Free beer for women 21-69, pretzels, more beer, restrooms, beer & heat. EXOTIC FOODS AVAILABLE, INCLUDING traditional Tentacles, Pigeon, AND MYSTERY ANIMAL.
Directions Jan. 5- http://www.njlaws.com/directions_to_office.htm
Directions to other weekly hashes held every Saturday at various locations in Monmouth and Middlesex Counties, call the Rumson Hash House Harriers Hot Line 732-219-0301
Look for the Hasher banner and guys in old running clothes.
For information call Run "hare" Kenneth Vercammen, Esq. at 732-572-0500 days
Info at http://www.njlaws.com/FREEZING_COLD_HASH_RUN.htm
Waiver of injury form for participants: I hash for Fun and admit if I get hurt its my own fault. I recognize no one has insurance and agree not to file any type of claim or suit ever.
6. Congratulations to Jerry Fennelly, Entrepreneur of the Year Princeton Regional Chamber of Commerce.
The President and Founder NAI Fennelly Associates, Inc.
Mr. Fennelly was honored on November 28, 2007 at Tournament Players Club Jasna Polana, Princeton, New Jersey during the Annual Business Leadership Awards Gala
NAI Fennelly Associates, Inc. has been providing professional real estate services to the New Jersey business community since 1986.
As a company, they strive, at all times, to develop lasting relationships by offering the professional personnel, resources and innovative technologies needed to ensure our clients the best services available. Since 1998, their partnership in NAI Global, allows them to deliver services seamlessly nationally and internationally.
http://www.fennelly.com/
7. Recent articles added to website
http://www.njlaws.com/alphabetical_index.htm
http://njlaws.com/ABAEditor.html
http://njlaws.com/ABA_Elder_Law_Committee.htm
http://njlaws.com/ATTLegal.html
http://njlaws.com/AccidentChiro2.html
http://njlaws.com/AccidentChiro.html
http://njlaws.com/AccidentChiro2.html
http://njlaws.com/AccidentReportFax.htm
http://njlaws.com/AccidentReqInstoPay.htm
http://njlaws.com/Accident_WhatToDo.htm
http://njlaws.com/AccidentsNJ.html
http://njlaws.com/AccountingProbate.html
http://njlaws.com/AdministrationEstate.html
http://njlaws.com/Adoption9_3-45.html
http://njlaws.com/Affirmativedefenses2c2-5.html
http://njlaws.com/AggravatedAssa2C.12-1.b.html
http://njlaws.com/AirBagInjury.html
http://njlaws.com/AlcoholBeer.html
http://njlaws.com/Alcotest7110.html
http://njlaws.com/Alimony.html
http://njlaws.com/Allowingdwi.html
http://njlaws.com/AlzheimerWills.html
http://njlaws.com/Analog2C35-10.html
http://njlaws.com/Annulment.htm
http://njlaws.com/AnswerCivil.html
http://njlaws.com/AnswerProbate.html
http://njlaws.com/AragLegal.html
http://njlaws.com/Arrest_Criminal_Violation.htm
http://njlaws.com/Arson2C-17-1.html
http://njlaws.com/Assault2C-12-1.html
http://njlaws.com/AssetProtection.html
http://njlaws.com/AttyExecutor.html
http://njlaws.com/AttyFees.html
http://njlaws.com/auto_accidents.htm
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Wednesday, December 05, 2007
NJ Laws Email Newsletter E262 - December 5, 2007
NJ Laws Email Newsletter E262
Kenneth Vercammen, Attorney at Law
December 5, 2007
In This Issue
_______________
1. Holiday Gift Idea! Gift Certificates for Wills or Power of Attorney
2. Recent cases. Expungement of criminal charge Approved if Drug Distribution Conviction Was Not a Sale.
3. No Suppression Where Flight from Unconstitutional Stop. State v. Williams
4. Aerial Search of Marijuana Field Approved
5. Holiday/ Christmas song links to lyrics
6. Website: Christmas Carols instrumental- Listen to on your computer
7. Needed: Outdoor Nativity Scene
Greetings,
1. Holiday Gift Idea! Gift Certificates for Wills or Power of Attorney.
During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift which truly shows how much you care? Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done.
The Law Office of Kenneth Vercammen's Holiday special includes:
·A Simple Will without Trust
· Follow up legal advice
·A 2 year subscription to the NJ Laws Email News
- All for only $250.00! -
Call 732-572-0500 for the Gift Certificate
Details on Wills: http://www.njlaws.com/wills.htm
Power of Attorney http://www.njlaws.com/power_of_attorney.htm
2. Recent cases. Expungement of criminal charge Approved if Drug Distribution Conviction Was Not a Sale. In the Matter of Expungement Application of G.R. 395 NJ Super. 428 (App. Div. 2007).
N.J.S.A. 2C:35-5a(1) criminalizes the knowing or purposeful possession of a CDS "with intent to manufacture, distribute or dispense" to another. The statute does not draw a distinction between distributing or dispensing to another in exchange for money and a gratuitous transfer of narcotics. Either conduct constitutes crime as defined by N.J.S.A. 2C:35-5a(1). However, for purpose of expungement, it does make a difference. A sale of CDS is a bar to expungement; but a transfer for no consideration is not. Therefore, the court held that the facts must be examined to determine if the underlying possession of the CDS was with intent to sell, as opposed to dispense or distribute without a sale.
A judgment of conviction for possession of a CDS "with intent to dispense or distribute" contrary to N.J.S.A. 2C:35-5a(1), by itself is not conclusive of intent to sell or intent to dispense for no consideration. The description of the offense in the judgment of conviction does not aid the judge in deciding whether the statutory bar applies in a given situation. To the extent that State v. P.L., 369 N.J. Super. 291 (App. Div. 2004) makes such a suggestion, the Court disagrees with that opinion.
3. No Suppression Where Flight from Unconstitutional Stop. State v. Williams 192 NJ 1 (2007).
Marcellus Williams' resistance and flight, which amounted to obstruction, broke the link in the chain between the initial unconstitutional investigatory stop and the later seizure of the handgun. Under such circumstances, suppression of the evidence is not warranted by the exclusionary rule.
4. Aerial Search of Marijuana Field Approved. State v. Marolda 394 NJ Super. 430 (App. Div. 2007).
The Court applied the open fields doctrine in a case involving an aerial observation of a corn field.
5. Holiday/ Christmas song links to lyrics
Did you ever wonder what the actual words/ lyrics are to favorite songs? Here they are:
Christmas Song Lyrics
http://www.nevada.edu/~blake/Christmas.songs.html
A Baby Just Like You
All I Want For Christmas Is My Two Front Teeth
Blue Christmas
Christmas Dinner
Christmas For Cowboys
Christmas In Killarney
Deck the Halls
First Christmas
Frosty the Snow Man
Grandma Got Run Over By a Reindeer
Have Yourself A Merry Little Christmas
Here Comes Santa Claus
Holly Jolly Christmas
I Saw Mommy Kissing Santa Claus
It's the most wonderful time of the year
I'll Be Home For Christmas
Jingle Bell Rock
Jingle Bells
Jolly Old Saint Nicholas
Let It Snow!
Mary, Did You Know?
Merry Christmas Darling
Must Be Santa
Nuttin' For Christmas
O Christmas Tree
Pine Cones And Holly Berries
Rocking around the Christmas Tree
Rudolph The Red-Nosed Reindeer
Santa Claus Is Coming To Town
Silver Bells
Sleep Well, Little Children
Sleigh Ride
Tennessee Christmas
The Christmas Song
The Little Drummer Boy
The Night Before Christmas
The Twelve Days of Christmas
Up On the Housetop
We Wish You A Merry Christmas
White Christmas
Winter Wonderland
Christmas Carol Lyrics
http://www.nevada.edu/~blake/Christmas.carols.html
Angels From The Realm Of Glory
Angels We Have Heard On High
Away In a Manger
Bring A Torch, Jeanette Isabella
Do You Hear What I Hear
Far, Far Away on Judea's Plains
Go, Tell It On The Mountain
God Rest Ye Merry, Gentlemen
Good Christian Men, Rejoice
Hark! The Herald Angels Sing
I Heard the Bells on Christmas Day
It Came Upon The Midnight Clear
Joy To The World
O Come, All Ye Faithful
O Holy Night
O Little Town of Bethlehem
Once In Royal David's City
Silent Night
The First Noel
The Shepherd's Carol (round)
We Three Kings of Orient Are
What Child Is This?
When Joseph Went To Bethlehem
While Shepherds Watched Their Flocks
With Wondering Awe
6. Website: Christmas Carols instrumental - Listen to on your computer.
http://catholic.net/christmas_songs/template_channel.phtml?channel_id=17
The following songs were available:
Angels from the Realms of Glory
Angels we have Heard on High
Away in a Manger
Children, Go Where I send Thee
Christmas is now Drawing near at Hand
Christmas in the Trenches
Deck the Halls
Go Tell it on the Mountain
Good Christian Men, Rejoice
Good King Wenceslas
Hark the Herald Angels Sing
Here we come a Wassailing
I heard the Bells on Christmas Day
It came upon a Midnight Clear
Jingle Bells
Joy to the World
Oh Come all Ye Faithful
Oh Holy Night
Oh Little Town of Bethlehem
Silent Night
The First Noel
Twelve Days of Christmas
We Three Kings
We Wish You a Merry Christmas
What Child is This?
This is a great site with Holiday cheer:
http://holidays.blastcomm.com
7. Needed: Outdoor Nativity Scene
A nativity scene, also called a crib or crèche (meaning "crib" or "manger" in French) generally refers to any depiction of the birth or birthplace of Jesus. The local Knight of Columbus members are looking for used outdoor nativity scenes no longer being used or displayed, to give them a new home.
Christian Nativity scenes three (sculpture or other three-dimensional crafts), usually show Jesus in a manger, Joseph and Mary in a barn (or cave) intended to accommodate farm animals. A donkey and an ox accompany them; besides the necessity of animals for a manager, this is an allusion to Isaiah: "the ox knoweth his owner, and the ass his master's crib; but Israel doth not know, my people doth not consider" (Is. 1:3). The scene sometimes includes the Magi or Three Wise Men, shepherds, angels and the Star of Bethlehem. The traditional scenes that show the shepherds and Magi together are of course not true to the Bible story, since the Magi arrived much later (Luke 2:7-16).
http://en.wikipedia.org/wiki/Nativity_scene
If you have an unused Nativity scene, call Ken Vercammen at 732-572-0500
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Kenneth Vercammen, Attorney at Law
December 5, 2007
In This Issue
_______________
1. Holiday Gift Idea! Gift Certificates for Wills or Power of Attorney
2. Recent cases. Expungement of criminal charge Approved if Drug Distribution Conviction Was Not a Sale.
3. No Suppression Where Flight from Unconstitutional Stop. State v. Williams
4. Aerial Search of Marijuana Field Approved
5. Holiday/ Christmas song links to lyrics
6. Website: Christmas Carols instrumental- Listen to on your computer
7. Needed: Outdoor Nativity Scene
Greetings,
1. Holiday Gift Idea! Gift Certificates for Wills or Power of Attorney.
During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift which truly shows how much you care? Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done.
The Law Office of Kenneth Vercammen's Holiday special includes:
·A Simple Will without Trust
· Follow up legal advice
·A 2 year subscription to the NJ Laws Email News
- All for only $250.00! -
Call 732-572-0500 for the Gift Certificate
Details on Wills: http://www.njlaws.com/wills.htm
Power of Attorney http://www.njlaws.com/power_of_attorney.htm
2. Recent cases. Expungement of criminal charge Approved if Drug Distribution Conviction Was Not a Sale. In the Matter of Expungement Application of G.R. 395 NJ Super. 428 (App. Div. 2007).
N.J.S.A. 2C:35-5a(1) criminalizes the knowing or purposeful possession of a CDS "with intent to manufacture, distribute or dispense" to another. The statute does not draw a distinction between distributing or dispensing to another in exchange for money and a gratuitous transfer of narcotics. Either conduct constitutes crime as defined by N.J.S.A. 2C:35-5a(1). However, for purpose of expungement, it does make a difference. A sale of CDS is a bar to expungement; but a transfer for no consideration is not. Therefore, the court held that the facts must be examined to determine if the underlying possession of the CDS was with intent to sell, as opposed to dispense or distribute without a sale.
A judgment of conviction for possession of a CDS "with intent to dispense or distribute" contrary to N.J.S.A. 2C:35-5a(1), by itself is not conclusive of intent to sell or intent to dispense for no consideration. The description of the offense in the judgment of conviction does not aid the judge in deciding whether the statutory bar applies in a given situation. To the extent that State v. P.L., 369 N.J. Super. 291 (App. Div. 2004) makes such a suggestion, the Court disagrees with that opinion.
3. No Suppression Where Flight from Unconstitutional Stop. State v. Williams 192 NJ 1 (2007).
Marcellus Williams' resistance and flight, which amounted to obstruction, broke the link in the chain between the initial unconstitutional investigatory stop and the later seizure of the handgun. Under such circumstances, suppression of the evidence is not warranted by the exclusionary rule.
4. Aerial Search of Marijuana Field Approved. State v. Marolda 394 NJ Super. 430 (App. Div. 2007).
The Court applied the open fields doctrine in a case involving an aerial observation of a corn field.
5. Holiday/ Christmas song links to lyrics
Did you ever wonder what the actual words/ lyrics are to favorite songs? Here they are:
Christmas Song Lyrics
http://www.nevada.edu/~blake/Christmas.songs.html
A Baby Just Like You
All I Want For Christmas Is My Two Front Teeth
Blue Christmas
Christmas Dinner
Christmas For Cowboys
Christmas In Killarney
Deck the Halls
First Christmas
Frosty the Snow Man
Grandma Got Run Over By a Reindeer
Have Yourself A Merry Little Christmas
Here Comes Santa Claus
Holly Jolly Christmas
I Saw Mommy Kissing Santa Claus
It's the most wonderful time of the year
I'll Be Home For Christmas
Jingle Bell Rock
Jingle Bells
Jolly Old Saint Nicholas
Let It Snow!
Mary, Did You Know?
Merry Christmas Darling
Must Be Santa
Nuttin' For Christmas
O Christmas Tree
Pine Cones And Holly Berries
Rocking around the Christmas Tree
Rudolph The Red-Nosed Reindeer
Santa Claus Is Coming To Town
Silver Bells
Sleep Well, Little Children
Sleigh Ride
Tennessee Christmas
The Christmas Song
The Little Drummer Boy
The Night Before Christmas
The Twelve Days of Christmas
Up On the Housetop
We Wish You A Merry Christmas
White Christmas
Winter Wonderland
Christmas Carol Lyrics
http://www.nevada.edu/~blake/Christmas.carols.html
Angels From The Realm Of Glory
Angels We Have Heard On High
Away In a Manger
Bring A Torch, Jeanette Isabella
Do You Hear What I Hear
Far, Far Away on Judea's Plains
Go, Tell It On The Mountain
God Rest Ye Merry, Gentlemen
Good Christian Men, Rejoice
Hark! The Herald Angels Sing
I Heard the Bells on Christmas Day
It Came Upon The Midnight Clear
Joy To The World
O Come, All Ye Faithful
O Holy Night
O Little Town of Bethlehem
Once In Royal David's City
Silent Night
The First Noel
The Shepherd's Carol (round)
We Three Kings of Orient Are
What Child Is This?
When Joseph Went To Bethlehem
While Shepherds Watched Their Flocks
With Wondering Awe
6. Website: Christmas Carols instrumental - Listen to on your computer.
http://catholic.net/christmas_songs/template_channel.phtml?channel_id=17
The following songs were available:
Angels from the Realms of Glory
Angels we have Heard on High
Away in a Manger
Children, Go Where I send Thee
Christmas is now Drawing near at Hand
Christmas in the Trenches
Deck the Halls
Go Tell it on the Mountain
Good Christian Men, Rejoice
Good King Wenceslas
Hark the Herald Angels Sing
Here we come a Wassailing
I heard the Bells on Christmas Day
It came upon a Midnight Clear
Jingle Bells
Joy to the World
Oh Come all Ye Faithful
Oh Holy Night
Oh Little Town of Bethlehem
Silent Night
The First Noel
Twelve Days of Christmas
We Three Kings
We Wish You a Merry Christmas
What Child is This?
This is a great site with Holiday cheer:
http://holidays.blastcomm.com
7. Needed: Outdoor Nativity Scene
A nativity scene, also called a crib or crèche (meaning "crib" or "manger" in French) generally refers to any depiction of the birth or birthplace of Jesus. The local Knight of Columbus members are looking for used outdoor nativity scenes no longer being used or displayed, to give them a new home.
Christian Nativity scenes three (sculpture or other three-dimensional crafts), usually show Jesus in a manger, Joseph and Mary in a barn (or cave) intended to accommodate farm animals. A donkey and an ox accompany them; besides the necessity of animals for a manager, this is an allusion to Isaiah: "the ox knoweth his owner, and the ass his master's crib; but Israel doth not know, my people doth not consider" (Is. 1:3). The scene sometimes includes the Magi or Three Wise Men, shepherds, angels and the Star of Bethlehem. The traditional scenes that show the shepherds and Magi together are of course not true to the Bible story, since the Magi arrived much later (Luke 2:7-16).
http://en.wikipedia.org/wiki/Nativity_scene
If you have an unused Nativity scene, call Ken Vercammen at 732-572-0500
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Wednesday, November 21, 2007
NJ Laws Email Newsletter E261 - November 21, 2007
NJ Laws Email Newsletter E261
Kenneth Vercammen, Attorney at Law
November 21, 2007
In This Issue
_______________
1. Retired Judge recommends use of Alcotest 7100 machine.
2. Tort Claims notice must be filed against the correct public entity within 90 days or suit for injury would be barred.
3. Late Notice of claim sometimes permitted
4. Are Your Beneficiary Designations Up to Date?
5. Recent November laws
6. Great upcoming nearby charity races, Call Ken V to discuss carpools
Greetings,
HAPPY THANKSGIVING!
- Show quoted text -
1. Retired Judge recommends use of Alcotest 7100 machine.
The New Jersey Supreme Court released the report of the Special Master, retired Appellate Division Judge Michael Patrick King, regarding State v. Chun (Are alcotest instruments scientifically reliable for establishing blood alcohol levels in prosecutions under N.J.S.A. 39:4-50?). The Court will hold oral argument on Monday, Jan. 7, 2008 at 10 a.m. in the Supreme Court courtroom on the eighth floor, Richard J. Hughes Justice Complex, 25 Market St., Trenton The New Jersey Supreme Court will eventually rule on the case questioning whether alcotest instruments are scientifically reliable for establishing blood alcohol levels in prosecutions under N.J.S.A. 39:4-50.
The New Jersey State Bar Association, through its counsel Jeffrey Evan Gold and Arnold M. Fishman, has announced that it has been an active participant in the case since its petition for leave to participate as an amicus curiae party was granted in December 2005. After the initial round of hearings in the case, the NJSBA argued that the device was reliable provided that certain delineated conditions were met. Judge King's initial recommendations to the Supreme Court in the matter included many of the conditions advocated by the NJSBA.
In his most recent report, Judge King recommends that his initial report be adopted by the Court along with the following additional recommendations:
1. require certification of the alcotest every 6 months instead of 1
year
2. Prohibit the use of BAC evidence in all third test fcases until
the buffer overflow error is corrected in the source code
3. require the illegal opcode trap to be turned on
4. prohibit the use of any A.I.R. with missing data
5. require foundational documents in all cases ebfore a reading
can be admitted, mot just in pro-se cases.
6. require that the NJSBA, through its counsel, be notified of any software changes after the case is over.
The report issued by Judge King can be found at:
http://www.judiciary.state.nj.us/pressrel/supplemental_opinion.pdf
The briefing schedule in the case can at:
http://www.judiciary.state.nj.us/pressrel/Chun_memo_argument_schedule.pdf
2. Tort Claims notice must be filed against the correct public entity within 90 days or suit for injury would be barred.
TORT CLAIMS ACT COLLINS v. EDISON TOWNSHIP HOUSING AUTHORITY Appellate Division, A-3776-06T1, November 9, 2007, not approved for publication.
Dismissal of the plaintiff's complaint with prejudice for failure to timely file a Tort Claims Act notice of claim affirmed; the plaintiff slipped and fell on property owned by the defendant municipal housing authority on June 29, 2005, the plaintiff's attorney mailed a TCA notice of claim to the municipality on December 19, 2005, but he never gave a notice of claim to the housing authority; the Law Division concluded that the housing authority was not a subordinate branch of the municipality and properly dismissed the complaint (1) because the plaintiff did not serve the housing authority with a notice of claim within the 90-day deadline set forth in the Act and (2) because she did not seek leave of the court to file a late notice of claim pursuant to N.J.S.A. 59:8-9; the Law Division did not have jurisdiction under these circumstances because, under the case law, the filing of a notice of claim more than 90 days after the claim accrues without leave of the court is a "nullity"; furthermore, the complaint was filed after the one-year limit for seeking leave to file a late notice of claim under §59:8-9 had expired. Source: NJ Lawyer Daily briefing 11/13/07.
Therefore, if injured, make sure your attorney files a Notice of Claim against all possible defendants within 90 days of the injury.
Under the NJ Tort Claims Act, TCA, a claim of the type involved here cannot be brought against a public entity or public employee unless the procedural requirements of the Act have been followed. N.J.S.A. 59:8-3. The Act provides that "[a] claim for injury or damages...against a local public entity shall be filed with that entity." N.J.S.A. 59:8-7. Regarding the time in which a claim must be presented, N.J.S.A. 59:8-8 provides:
"A claim relating to a cause of action for death or for injury or damage to person or to property shall be presented as provided in this chapter not later than the ninetieth day after accrual of the cause of action. After the expiration of six months from the date notice of claim is received, the claimant may file suit in an appropriate court of law. The claimant shall be forever barred from recovering against a public entity or public employee if:
a. He failed to file his claim with the public entity within 90 days of accrual of his claim except as otherwise provided in section 59:8-9. (Emphasis added.)
Regarding the filing of notice of late claim, N.J.S.A. 59:8-9 provides:
A claimant who fails to file notice of his claim within 90 days as provided in section 59:8-8 of this act, may, in the discretion of a judge of the Superior Court, be permitted to file such notice at any time within one year after the accrual of his claim provided that the public entity or the public employee has not been substantially prejudiced thereby. Application to the court for permission to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the affiant showing sufficient reasons constituting extraordinary circumstances for his failure to file notice of claim within the period of time prescribed by section 59:8-8 of this act or to file a motion seeking leave to file a late notice of claim within a reasonable time thereafter; provided that in no event may any suit against a public entity or a public employee arising under this act be filed later than two years from the time of the accrual of the claim.
The underlying purpose of the notice requirement set forth in N.J.S.A. 59:8-8 is to "expedite investigation with the hope of reaching a nonjudicial settlement and to allow the public entity prompt access to information about the claim so that it may prepare a defense." Pilonero v. Twp. of Old Bridge, 236 N.J. Super. 529, 533 (App. Div. 1989). Specifically, the goals of the notice of claim provisions of the TCA are: (1) "to allow the public entity at least six months for administrative review with the opportunity to settle meritorious claims prior to the bringing of suit"; (2) "to provide the public entity with prompt notification of a claim in order to adequately investigate the facts and prepare a defense"; (3) "to afford the public entity a chance to correct the conditions or practices which gave rise to the claim"; and (4) "to inform the [public entity] in advance as to the indebtedness or liability that it may be expected to meet."
[Henderson v. Herman, 373 N.J. Super. 625, 634 (App. Div. 2004) (quoting Beauchamp v. Amedio, 164 N.J. 111, 121-22 (2000)).] The court said have emphasized that "[t]he filing of a notice of claim more than 90 days after the accrual of a claim without leave of court is a nullity." Priore v. State, 190 N.J. Super. 127, 130 (App. Div. 1983), overruled on other grounds, Moon v. Warren Haven Nursing Home, 182 N.J. 507 (2005). The filing of a notice of claim after the ninety-day period without leave of the court "does not confer jurisdiction upon the court to grant leave to file a late notice of claim beyond the one year period." Ibid. Thus, it is clear that a judge is powerless under the statute to exercise any discretion or to act after a period of one year has elapsed from the date on which the cause of action accrued, where application to the court by motion for permission to file a late notice of claim has not been made within the year.
[Fuller v. Rutgers, State Univ., 154 N.J. Super. 420, 423 (App. Div. 1977), certif. denied, 75 N.J. 610 (1978).]
3. Late Notice of claim sometimes permitted
TORT CLAIMS ACT CASSIDY v. EAST GREENWICH TOWNSHIP, Appellate Division, A-2295-06T5, November 19, 2007, not approved for publication.
Order that granted the plaintiffs' motion to extend the time to file a notice of tort claim under the Tort Claims Act affirmed; the trial court had concluded that the defendant County and the defendant Township had received a timely notice from the two individual defendants that contained all of the necessary information about the plaintiff's claim; the County asserted that the plaintiff's late notice of claim had to be disallowed because the plaintiff failed to demonstrate "exceptional circumstances"; the individual defendants' notice provided the relevant and necessary information about the plaintiff's claim to the County and the Township; the County timely received that notice, which made it aware of the plaintiff's injuries, and the County did not demonstrate any prejudice based on the 25-day delay in receipt of the plaintiffs' notice; based on the totality of the circumstances, the trial court did not abuse its discretion by granting the plaintiff's motion.
Source: New Jersey Lawyer Inc. 11/20/07
4. Are Your Beneficiary Designations Up to Date?
According to Financial expert Saul Simon, most people will agree that it's difficult enough to take care of the necessities of life, let alone the "nice-to-haves." Case in point, when was the last time you reviewed your beneficiary designations for life insurance policies and retirement accounts?
Very likely, the answer is "never."
These documents should be periodically reviewed. Various life events can signal a need to review and possibly change beneficiaries. The article, "Are Your Beneficiary Designations Up to Date?" reviews several scenarios that impact beneficiary designation since originally named.
Call Saul Simon to help you review your Beneficiary Designations and how putting this off today can have a serious impact on your own person planning. If you would like this article sent to you please e-mail Marc at marc.simon@LFG.com.
In the meantime, please give some thought about others you believe could benefit from our work, step out and make a difference in someone's life.
Thank you,
Saul Simon, 399 Thornall Street 12 Floor, Edison, NJ 08837
Phone (732) 623-2070 and Fax (732) 623-2088
5. Recent November laws
TRENTON - Governor Corzine has signed the following laws:
S-222/A-1740) - Prohibits political contributions by all State and local public agencies.
S-1099/A-4146) - Makes it a primary offense for motorists to talk on or text message with hand-held wireless telephone or electronic communication device while driving.
SCS for S-1195/ACS for A-992 - Establishes pharmacy's duty to fill prescriptions for in-stock drugs or devices without delay, notwithstanding sincerely held moral, philosophical or religious beliefs of pharmacist.
S-2506/A - Prohibits candidates from contributing campaign funds to charity in which candidate or candidate's immediate family is an officer or employee or receives compensation for goods or services provided to the charity.
A-439/S-329 - Requires health insurers to honor an assignment of benefits for ambulance service payments under certain circumstances.
6. Great upcoming nearby charity races, Call Ken V to discuss carpools.
11/23/07 - Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern
11/25/07 - Navesink Challenge 15k and 5k, 9am, 5k, 9:10 Middletown, NJ 732-542-6090 Quality JSRC event with Race director Dave Z.
12/1/07 - Metuchen 5k
12/2/07 - Reindeer Romp 5k Point Pleasant plenty of post race food, discount drinks
12/9/07 - Toys for Tots 5k Freehold
12/9/07 - USATF-NJ 10 MILE CHAMPIONSHIP, 11am Mercer County Park, West Windsor, 973-334-890 USATF members only
12/29/07 - Polar Bear Races 5k Asbury Park 5mi Run, 1pm, 732-222-9080 Free Polar Plunge swim in Atlantic Ocean after race.
12/31/07 - JSRC FUN RUN at Bar A
Jan. 5, 2008 - Freezing Cold Hash run, Edison, NJ -Start Ken Vercammen Law Office, 2053 Woodbridge Ave, Edison 732-572-0500 Adventure trail run, not a formal race. Featured on TV News12 NJ and Cablevision.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Kenneth Vercammen, Attorney at Law
November 21, 2007
In This Issue
_______________
1. Retired Judge recommends use of Alcotest 7100 machine.
2. Tort Claims notice must be filed against the correct public entity within 90 days or suit for injury would be barred.
3. Late Notice of claim sometimes permitted
4. Are Your Beneficiary Designations Up to Date?
5. Recent November laws
6. Great upcoming nearby charity races, Call Ken V to discuss carpools
Greetings,
HAPPY THANKSGIVING!
- Show quoted text -
1. Retired Judge recommends use of Alcotest 7100 machine.
The New Jersey Supreme Court released the report of the Special Master, retired Appellate Division Judge Michael Patrick King, regarding State v. Chun (Are alcotest instruments scientifically reliable for establishing blood alcohol levels in prosecutions under N.J.S.A. 39:4-50?). The Court will hold oral argument on Monday, Jan. 7, 2008 at 10 a.m. in the Supreme Court courtroom on the eighth floor, Richard J. Hughes Justice Complex, 25 Market St., Trenton The New Jersey Supreme Court will eventually rule on the case questioning whether alcotest instruments are scientifically reliable for establishing blood alcohol levels in prosecutions under N.J.S.A. 39:4-50.
The New Jersey State Bar Association, through its counsel Jeffrey Evan Gold and Arnold M. Fishman, has announced that it has been an active participant in the case since its petition for leave to participate as an amicus curiae party was granted in December 2005. After the initial round of hearings in the case, the NJSBA argued that the device was reliable provided that certain delineated conditions were met. Judge King's initial recommendations to the Supreme Court in the matter included many of the conditions advocated by the NJSBA.
In his most recent report, Judge King recommends that his initial report be adopted by the Court along with the following additional recommendations:
1. require certification of the alcotest every 6 months instead of 1
year
2. Prohibit the use of BAC evidence in all third test fcases until
the buffer overflow error is corrected in the source code
3. require the illegal opcode trap to be turned on
4. prohibit the use of any A.I.R. with missing data
5. require foundational documents in all cases ebfore a reading
can be admitted, mot just in pro-se cases.
6. require that the NJSBA, through its counsel, be notified of any software changes after the case is over.
The report issued by Judge King can be found at:
http://www.judiciary.state.nj.us/pressrel/supplemental_opinion.pdf
The briefing schedule in the case can at:
http://www.judiciary.state.nj.us/pressrel/Chun_memo_argument_schedule.pdf
2. Tort Claims notice must be filed against the correct public entity within 90 days or suit for injury would be barred.
TORT CLAIMS ACT COLLINS v. EDISON TOWNSHIP HOUSING AUTHORITY Appellate Division, A-3776-06T1, November 9, 2007, not approved for publication.
Dismissal of the plaintiff's complaint with prejudice for failure to timely file a Tort Claims Act notice of claim affirmed; the plaintiff slipped and fell on property owned by the defendant municipal housing authority on June 29, 2005, the plaintiff's attorney mailed a TCA notice of claim to the municipality on December 19, 2005, but he never gave a notice of claim to the housing authority; the Law Division concluded that the housing authority was not a subordinate branch of the municipality and properly dismissed the complaint (1) because the plaintiff did not serve the housing authority with a notice of claim within the 90-day deadline set forth in the Act and (2) because she did not seek leave of the court to file a late notice of claim pursuant to N.J.S.A. 59:8-9; the Law Division did not have jurisdiction under these circumstances because, under the case law, the filing of a notice of claim more than 90 days after the claim accrues without leave of the court is a "nullity"; furthermore, the complaint was filed after the one-year limit for seeking leave to file a late notice of claim under §59:8-9 had expired. Source: NJ Lawyer Daily briefing 11/13/07.
Therefore, if injured, make sure your attorney files a Notice of Claim against all possible defendants within 90 days of the injury.
Under the NJ Tort Claims Act, TCA, a claim of the type involved here cannot be brought against a public entity or public employee unless the procedural requirements of the Act have been followed. N.J.S.A. 59:8-3. The Act provides that "[a] claim for injury or damages...against a local public entity shall be filed with that entity." N.J.S.A. 59:8-7. Regarding the time in which a claim must be presented, N.J.S.A. 59:8-8 provides:
"A claim relating to a cause of action for death or for injury or damage to person or to property shall be presented as provided in this chapter not later than the ninetieth day after accrual of the cause of action. After the expiration of six months from the date notice of claim is received, the claimant may file suit in an appropriate court of law. The claimant shall be forever barred from recovering against a public entity or public employee if:
a. He failed to file his claim with the public entity within 90 days of accrual of his claim except as otherwise provided in section 59:8-9. (Emphasis added.)
Regarding the filing of notice of late claim, N.J.S.A. 59:8-9 provides:
A claimant who fails to file notice of his claim within 90 days as provided in section 59:8-8 of this act, may, in the discretion of a judge of the Superior Court, be permitted to file such notice at any time within one year after the accrual of his claim provided that the public entity or the public employee has not been substantially prejudiced thereby. Application to the court for permission to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the affiant showing sufficient reasons constituting extraordinary circumstances for his failure to file notice of claim within the period of time prescribed by section 59:8-8 of this act or to file a motion seeking leave to file a late notice of claim within a reasonable time thereafter; provided that in no event may any suit against a public entity or a public employee arising under this act be filed later than two years from the time of the accrual of the claim.
The underlying purpose of the notice requirement set forth in N.J.S.A. 59:8-8 is to "expedite investigation with the hope of reaching a nonjudicial settlement and to allow the public entity prompt access to information about the claim so that it may prepare a defense." Pilonero v. Twp. of Old Bridge, 236 N.J. Super. 529, 533 (App. Div. 1989). Specifically, the goals of the notice of claim provisions of the TCA are: (1) "to allow the public entity at least six months for administrative review with the opportunity to settle meritorious claims prior to the bringing of suit"; (2) "to provide the public entity with prompt notification of a claim in order to adequately investigate the facts and prepare a defense"; (3) "to afford the public entity a chance to correct the conditions or practices which gave rise to the claim"; and (4) "to inform the [public entity] in advance as to the indebtedness or liability that it may be expected to meet."
[Henderson v. Herman, 373 N.J. Super. 625, 634 (App. Div. 2004) (quoting Beauchamp v. Amedio, 164 N.J. 111, 121-22 (2000)).] The court said have emphasized that "[t]he filing of a notice of claim more than 90 days after the accrual of a claim without leave of court is a nullity." Priore v. State, 190 N.J. Super. 127, 130 (App. Div. 1983), overruled on other grounds, Moon v. Warren Haven Nursing Home, 182 N.J. 507 (2005). The filing of a notice of claim after the ninety-day period without leave of the court "does not confer jurisdiction upon the court to grant leave to file a late notice of claim beyond the one year period." Ibid. Thus, it is clear that a judge is powerless under the statute to exercise any discretion or to act after a period of one year has elapsed from the date on which the cause of action accrued, where application to the court by motion for permission to file a late notice of claim has not been made within the year.
[Fuller v. Rutgers, State Univ., 154 N.J. Super. 420, 423 (App. Div. 1977), certif. denied, 75 N.J. 610 (1978).]
3. Late Notice of claim sometimes permitted
TORT CLAIMS ACT CASSIDY v. EAST GREENWICH TOWNSHIP, Appellate Division, A-2295-06T5, November 19, 2007, not approved for publication.
Order that granted the plaintiffs' motion to extend the time to file a notice of tort claim under the Tort Claims Act affirmed; the trial court had concluded that the defendant County and the defendant Township had received a timely notice from the two individual defendants that contained all of the necessary information about the plaintiff's claim; the County asserted that the plaintiff's late notice of claim had to be disallowed because the plaintiff failed to demonstrate "exceptional circumstances"; the individual defendants' notice provided the relevant and necessary information about the plaintiff's claim to the County and the Township; the County timely received that notice, which made it aware of the plaintiff's injuries, and the County did not demonstrate any prejudice based on the 25-day delay in receipt of the plaintiffs' notice; based on the totality of the circumstances, the trial court did not abuse its discretion by granting the plaintiff's motion.
Source: New Jersey Lawyer Inc. 11/20/07
4. Are Your Beneficiary Designations Up to Date?
According to Financial expert Saul Simon, most people will agree that it's difficult enough to take care of the necessities of life, let alone the "nice-to-haves." Case in point, when was the last time you reviewed your beneficiary designations for life insurance policies and retirement accounts?
Very likely, the answer is "never."
These documents should be periodically reviewed. Various life events can signal a need to review and possibly change beneficiaries. The article, "Are Your Beneficiary Designations Up to Date?" reviews several scenarios that impact beneficiary designation since originally named.
Call Saul Simon to help you review your Beneficiary Designations and how putting this off today can have a serious impact on your own person planning. If you would like this article sent to you please e-mail Marc at marc.simon@LFG.com.
In the meantime, please give some thought about others you believe could benefit from our work, step out and make a difference in someone's life.
Thank you,
Saul Simon, 399 Thornall Street 12 Floor, Edison, NJ 08837
Phone (732) 623-2070 and Fax (732) 623-2088
5. Recent November laws
TRENTON - Governor Corzine has signed the following laws:
S-222/A-1740) - Prohibits political contributions by all State and local public agencies.
S-1099/A-4146) - Makes it a primary offense for motorists to talk on or text message with hand-held wireless telephone or electronic communication device while driving.
SCS for S-1195/ACS for A-992 - Establishes pharmacy's duty to fill prescriptions for in-stock drugs or devices without delay, notwithstanding sincerely held moral, philosophical or religious beliefs of pharmacist.
S-2506/A - Prohibits candidates from contributing campaign funds to charity in which candidate or candidate's immediate family is an officer or employee or receives compensation for goods or services provided to the charity.
A-439/S-329 - Requires health insurers to honor an assignment of benefits for ambulance service payments under certain circumstances.
6. Great upcoming nearby charity races, Call Ken V to discuss carpools.
11/23/07 - Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern
11/25/07 - Navesink Challenge 15k and 5k, 9am, 5k, 9:10 Middletown, NJ 732-542-6090 Quality JSRC event with Race director Dave Z.
12/1/07 - Metuchen 5k
12/2/07 - Reindeer Romp 5k Point Pleasant plenty of post race food, discount drinks
12/9/07 - Toys for Tots 5k Freehold
12/9/07 - USATF-NJ 10 MILE CHAMPIONSHIP, 11am Mercer County Park, West Windsor, 973-334-890 USATF members only
12/29/07 - Polar Bear Races 5k Asbury Park 5mi Run, 1pm, 732-222-9080 Free Polar Plunge swim in Atlantic Ocean after race.
12/31/07 - JSRC FUN RUN at Bar A
Jan. 5, 2008 - Freezing Cold Hash run, Edison, NJ -Start Ken Vercammen Law Office, 2053 Woodbridge Ave, Edison 732-572-0500 Adventure trail run, not a formal race. Featured on TV News12 NJ and Cablevision.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Monday, November 12, 2007
NJ Laws' Newsletter E260 - November 12, 2007
NJ Laws Email Newsletter E260
Kenneth Vercammen, Attorney at Law November 12, 2007
In This Issue
_______________
In this issue:
1. Municipality Could be Liable for Slip & Fall on Snow.
2. Suppression of Stop and Dismissal of DWI Dismissed Where No Erratic Driving.
3. Insurance Company Required to Participate in Injured Person's Underinsured Motorist Arbitration.
4. Business Not Liable When Neighbor's Customer Hit by Car.
5. Uninsured Motorist Benefits are Available to a Plaintiff in a Random, Drive-By Shooting.
6. Landlord not Liable for Tenant's Dog's Bite.
7. City Not Liable for Injury When Injury is Not Permanent.
--------------------------------------------------------------------------------
1. Municipality Could Be Liable for Slip & Fall On Snow
TORT CLAIMS ACT. ANTHONY v. TRI-COUNTY SECURITY. Appellate Division, A-361-06T3, October 9, 2007, not approved for publication
Summary judgment for the defendant Camden County and the defendant County Board of Chosen Freeholders reversed and remanded in a personal injury action; the plaintiff was injured when she slipped and fell on the steps inside City Hall in the City of Camden on "a very snowy day"; the Appellate Division agreed with the plaintiff's argument that summary judgment should not have been granted because there was sufficient evidence to raise a genuine issue of material fact as to whether the defendants had actual or constructive notice of the dangerous condition on the steps where the plaintiff slipped and fell; a fact-finder reasonably could infer (1) that the steps had been wet for a sufficient period of time to place the defendants on notice of the condition and of its dangerous nature and (2) that the defendants' failure to take action to protect against that condition was palpably unreasonable; there was an adequate factual foundation for a jury to find that any puddles of water on the steps could have been dealt with readily through the use of warning signs, runners, or a mop.
Source: NJ Lawyer Daily Briefing dailybriefing@njsba-njldailybriefing.com, October 10, 2007
2. Suppression of Stop and Dismissal of DWI Dismissed Where No Erratic Driving.
DRUNK DRIVING. STATE v. AMELIO. Appellate Division, A-1679-06T5, September 21, 2007, not approved for publication. Law Division order following a trial de novo that granted the defendant's motion to suppress evidence that resulted from a stop of his vehicle and that led to his arrest for driving while intoxicated and for refusal to submit to a Breathalyzer test affirmed; the defendant's 17 year old daughter reported to the police that she was having a verbal dispute with the defendant, that the defendant was "drunk," and that he had left the scene in a vehicle; a police officer on patrol observed a vehicle that matched the description given by the daughter; that vehicle parked on the side of the road and then drove away about five seconds later; the officer then pulled the vehicle over; the Law Division properly concluded that the information given to the police dispatcher and then to the officer did not provide reasonable suspicion that the defendant was driving while intoxicated; there was no evidence that the defendant was operating his vehicle in an erratic manner, and the only evidence offered by the State was the daughter's statement that the defendant was "drunk."
Source: NJ Lawyer October 1, 2007
3. Insurance Company Required to Participate in Injured Person's Underinsured Motorist Arbitration.
KARAMOLEGOS v. YUNGER Appellate Division, A-991-06T1, October 16, 2007, not approved for publication. Law Division order that required that the defendant/third-party plaintiff insurer of the plaintiff appear at underinsured motorist arbitration within 90 days affirmed substantially for the reasons expressed by the Law Division; the plaintiff was injured in an accident with the defendant driver in December 2002; in February 2004, the driver and the defendant owner of the vehicle he was operating offered to settle, and the plaintiff's attorney requested permission from the insurer to accept the offer and to pursue a UIM claim under Longworth v. Van Houten; in December 2004, the plaintiff filed her automobile negligence action; in January 2005, the insurer stated its parameters for UIM arbitration, which the plaintiff's attorney accepted; the insurer did not respond thereafter, and the plaintiff accepted the settlement in August 2005; the insurer then rejected the plaintiff's claim for UIM benefits, asserting that its subrogation rights had been jeopardized by the plaintiff's failure to give notice before settling; however, the Law Division properly determined that the plaintiff had substantially complied with both Longworth and Rutgers Cas. Ins. Co. v. Vassas.
4. Business Not Liable When Neighbor's Customer Hit by Car.
Brierley v. Rode. 09-27-07 A-0637-06T3. A business that permits another business, which is on the other side of a public road, to use its lot for customer parking, has no duty to the other business's customers to make passage over the road reasonably safe.
5. Uninsured Motorist Benefits are Available to a Plaintiff in a Random, Drive-By Shooting.
Livsey v. Mercury Insurance Group. A-1238-06T5 10-24-07. Uninsured motorist benefits are available to a plaintiff in a random, drive-by shooting.
6. Landlord Not Liable for Tenant's Dog's Bite.
TORTS. SPELLS v. UPLAND. Appellate Division, A-1373-06T1, November 5, 2007, not approved for publication. Summary judgment for the defendant landlords affirmed in a personal injury action; the plaintiff child was bitten and dragged by a dog owned by the defendant tenant; the dog had gotten loose and had run onto the sidewalk in front of the next-door neighbor's house; the trial court had concluded that a landlord cannot be held liable for a bite by a tenant's dog that occurs outside the common areas of the apartment house over which the landlord has control; there were no facts on which the fact-finder could conclude that the landlords knew or should have known that the tenant's dog was vicious or that it was likely to get loose; thus, even if the landlords owed a duty of care to persons on adjoining properties, there was no basis to conclude that they were negligent with regard to the dog biting the plaintiff.
Source: NJ Lawyer Daily Briefing November 6, 2007
7. City Not Liable for Injury When Injury is Not Permanent.
TORT CLAIMS ACT. BRITTON v. CITY OF ELIZABETH. Appellate Division, A-2203-06T2, November 5, 2007, not approved for publication. Summary judgment for the defendant City and the defendant City Department of Health and Human Services based on the N.J.S.A. 59:9-2(d) verbal threshold under the Tort Claims Act affirmed substantially for the reasons expressed by the trial court; the plaintiff fractured her left fibula when she fell from a swing; the Appellate Division rejected the plaintiff's arguments (1) that, because she remained under the care of her doctor through the date of the appeal, summary judgment had been improperly granted and (2) that, because there were material questions of fact as to whether she had suffered a permanent injury that was substantial, summary judgment should be vacated.
Source: NJ Lawyer Daily Briefing November 6, 2007
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Kenneth Vercammen, Attorney at Law November 12, 2007
In This Issue
_______________
In this issue:
1. Municipality Could be Liable for Slip & Fall on Snow.
2. Suppression of Stop and Dismissal of DWI Dismissed Where No Erratic Driving.
3. Insurance Company Required to Participate in Injured Person's Underinsured Motorist Arbitration.
4. Business Not Liable When Neighbor's Customer Hit by Car.
5. Uninsured Motorist Benefits are Available to a Plaintiff in a Random, Drive-By Shooting.
6. Landlord not Liable for Tenant's Dog's Bite.
7. City Not Liable for Injury When Injury is Not Permanent.
--------------------------------------------------------------------------------
1. Municipality Could Be Liable for Slip & Fall On Snow
TORT CLAIMS ACT. ANTHONY v. TRI-COUNTY SECURITY. Appellate Division, A-361-06T3, October 9, 2007, not approved for publication
Summary judgment for the defendant Camden County and the defendant County Board of Chosen Freeholders reversed and remanded in a personal injury action; the plaintiff was injured when she slipped and fell on the steps inside City Hall in the City of Camden on "a very snowy day"; the Appellate Division agreed with the plaintiff's argument that summary judgment should not have been granted because there was sufficient evidence to raise a genuine issue of material fact as to whether the defendants had actual or constructive notice of the dangerous condition on the steps where the plaintiff slipped and fell; a fact-finder reasonably could infer (1) that the steps had been wet for a sufficient period of time to place the defendants on notice of the condition and of its dangerous nature and (2) that the defendants' failure to take action to protect against that condition was palpably unreasonable; there was an adequate factual foundation for a jury to find that any puddles of water on the steps could have been dealt with readily through the use of warning signs, runners, or a mop.
Source: NJ Lawyer Daily Briefing dailybriefing@njsba-njldailybriefing.com, October 10, 2007
2. Suppression of Stop and Dismissal of DWI Dismissed Where No Erratic Driving.
DRUNK DRIVING. STATE v. AMELIO. Appellate Division, A-1679-06T5, September 21, 2007, not approved for publication. Law Division order following a trial de novo that granted the defendant's motion to suppress evidence that resulted from a stop of his vehicle and that led to his arrest for driving while intoxicated and for refusal to submit to a Breathalyzer test affirmed; the defendant's 17 year old daughter reported to the police that she was having a verbal dispute with the defendant, that the defendant was "drunk," and that he had left the scene in a vehicle; a police officer on patrol observed a vehicle that matched the description given by the daughter; that vehicle parked on the side of the road and then drove away about five seconds later; the officer then pulled the vehicle over; the Law Division properly concluded that the information given to the police dispatcher and then to the officer did not provide reasonable suspicion that the defendant was driving while intoxicated; there was no evidence that the defendant was operating his vehicle in an erratic manner, and the only evidence offered by the State was the daughter's statement that the defendant was "drunk."
Source: NJ Lawyer October 1, 2007
3. Insurance Company Required to Participate in Injured Person's Underinsured Motorist Arbitration.
KARAMOLEGOS v. YUNGER Appellate Division, A-991-06T1, October 16, 2007, not approved for publication. Law Division order that required that the defendant/third-party plaintiff insurer of the plaintiff appear at underinsured motorist arbitration within 90 days affirmed substantially for the reasons expressed by the Law Division; the plaintiff was injured in an accident with the defendant driver in December 2002; in February 2004, the driver and the defendant owner of the vehicle he was operating offered to settle, and the plaintiff's attorney requested permission from the insurer to accept the offer and to pursue a UIM claim under Longworth v. Van Houten; in December 2004, the plaintiff filed her automobile negligence action; in January 2005, the insurer stated its parameters for UIM arbitration, which the plaintiff's attorney accepted; the insurer did not respond thereafter, and the plaintiff accepted the settlement in August 2005; the insurer then rejected the plaintiff's claim for UIM benefits, asserting that its subrogation rights had been jeopardized by the plaintiff's failure to give notice before settling; however, the Law Division properly determined that the plaintiff had substantially complied with both Longworth and Rutgers Cas. Ins. Co. v. Vassas.
4. Business Not Liable When Neighbor's Customer Hit by Car.
Brierley v. Rode. 09-27-07 A-0637-06T3. A business that permits another business, which is on the other side of a public road, to use its lot for customer parking, has no duty to the other business's customers to make passage over the road reasonably safe.
5. Uninsured Motorist Benefits are Available to a Plaintiff in a Random, Drive-By Shooting.
Livsey v. Mercury Insurance Group. A-1238-06T5 10-24-07. Uninsured motorist benefits are available to a plaintiff in a random, drive-by shooting.
6. Landlord Not Liable for Tenant's Dog's Bite.
TORTS. SPELLS v. UPLAND. Appellate Division, A-1373-06T1, November 5, 2007, not approved for publication. Summary judgment for the defendant landlords affirmed in a personal injury action; the plaintiff child was bitten and dragged by a dog owned by the defendant tenant; the dog had gotten loose and had run onto the sidewalk in front of the next-door neighbor's house; the trial court had concluded that a landlord cannot be held liable for a bite by a tenant's dog that occurs outside the common areas of the apartment house over which the landlord has control; there were no facts on which the fact-finder could conclude that the landlords knew or should have known that the tenant's dog was vicious or that it was likely to get loose; thus, even if the landlords owed a duty of care to persons on adjoining properties, there was no basis to conclude that they were negligent with regard to the dog biting the plaintiff.
Source: NJ Lawyer Daily Briefing November 6, 2007
7. City Not Liable for Injury When Injury is Not Permanent.
TORT CLAIMS ACT. BRITTON v. CITY OF ELIZABETH. Appellate Division, A-2203-06T2, November 5, 2007, not approved for publication. Summary judgment for the defendant City and the defendant City Department of Health and Human Services based on the N.J.S.A. 59:9-2(d) verbal threshold under the Tort Claims Act affirmed substantially for the reasons expressed by the trial court; the plaintiff fractured her left fibula when she fell from a swing; the Appellate Division rejected the plaintiff's arguments (1) that, because she remained under the care of her doctor through the date of the appeal, summary judgment had been improperly granted and (2) that, because there were material questions of fact as to whether she had suffered a permanent injury that was substantial, summary judgment should be vacated.
Source: NJ Lawyer Daily Briefing November 6, 2007
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Friday, November 02, 2007
NJ Laws Email Newsletter E259 November 2, 2007
NJ Laws Email Newsletter E259
Kenneth Vercammen, Attorney at Law
November 2, 2007
In This Issue
_______________
1. Domestic Violence Not Guilty Does Not Bar Criminal Charge
2. Traffic Ticket Served After 30 Days is Untimely
3. Terroristic Threat Can Be Both 2nd or 3rd Degree
4. Upcoming Event
5. OFFICE SPACE AVAILABLE Sub-lease
6. Slip & Fall Accident
--------------------------------------------------------------------------------
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings Kenneth Vercammen,
1. Domestic Violence Not Guilty Does Not Bar Criminal Charge. State v. Brown 395 NJ Super. 492 (App. Div. 2007).
Neither the doctrine of collateral estoppel nor fundamental fairness preclude a criminal prosecution for the same events following denial of a Final Restraining Order and dismissal of a Domestic Violence complaint in the Family Part.
2. Traffic Ticket Served After 30 Days is Untimely. State v. Buczkowski 395 NJ Super. 40 (App. Div. 2007).
The Court applied the Supreme Court's dictum in State v. Fisher, 180 N.J. 462, 474 (2004), that N.J.S.A. 39:5-3a requires service of process within thirty days from the date of a alleged offense in most instances of charged motor vehicle violations. The Court, therefore, affirmed the Law Division's dismissal of a charge of reckless driving, N.J.S.A. 39:4-96, as untimely. The Court also applied the doctrine requiring "[t]he government [to] 'turn square corners' in its dealings with the public."
3. Terroristic Threat Can Be Both 2nd or 3rd Degree State v. Conklin 394 NJ Super. 408 (App. Div. 2007).
After the trial judge dismissed an indictment charging defendant with terroristic threats contrary to N.J.S.A. 2C:12-3(a) in connection with threats to kill the victim, the Court reinstated the indictment, holding that threats to kill may be prosecuted under either N.J.S.A. 2C:12-3(a) or N.J.S.A. 2C:12-3(b) because the elements of subsection (a) differ from elements of subsection (b) and the prosecutor has the discretion to seek an indictment under either statutory provision.
4. Upcoming Events:
Nov. 15 & 26 -Piscataway Police Lecture
Nov. 18 -Barter Depot social NJ Expo Center, Edison
Nov. 19 -Mun Drug, DWI, and Mun Seminar - Sheraton, Woodbridge - see below
Nov. 23 -Born to Run - give out calendars and magnets
HANDLING DRUG, DWI & SERIOUS MUNICIPAL COURT CASES
Monday, November 19, 2007
1:00 PM to 4:00 PM
Sheraton at Woodbridge Place, Iselin
- Penalties have increased for DWI and drug cases
- The alcotest 7110 is now part of DWI practice
- There are new municipal government rules
GAIN A THOROUGH UNDERSTANDING OF MUNICIPAL COURT PRACTICE, PROCEDURE, & RECENT DEVELOPMENTS, INCLUDING:
-Hearsay & Criminal evidence since State v. Berezansky and Crawford v. Washington
-New laws, court rules and pending legislation
-Drunk driving (DWI) - State implementation of the Alcotest 7110 breath test machine
-License suspension
-Plea agreements in drug cases
-How to read a driver's abstract when dealing with traffic violations
-Driving while suspended
-Increased refusal penalties
-Assault
-How to impress the Court and not annoy the Court staff
-Forms motions and demand letters
-Criminal case law developments during the past year
-The Rules of Professional Conduct: retainer agreements and professionalism
and more
This "nuts and bolts" guide to municipal court practice and procedure will prepare you to effectively represent clients in all types of cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will delve into a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
New Jersey Institute for Continuing Legal Education
Program # S525h-13770
One Constitution Square, New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383
CustomerService@njicle.com
The non-profit continuing education service of:
The New Jersey State Bar Association
Rutgers - The State University of New Jersey
Seton Hall University
Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers Division
5. OFFICE SPACE Sub- lease - 2053 Woodbridge Ave, Edison, NJ
Good for professional's branch office or new attorney. 2 rooms left. Available December 1, 2007. Call 732-572-0500.
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 updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Kenneth Vercammen, Attorney at Law
November 2, 2007
In This Issue
_______________
1. Domestic Violence Not Guilty Does Not Bar Criminal Charge
2. Traffic Ticket Served After 30 Days is Untimely
3. Terroristic Threat Can Be Both 2nd or 3rd Degree
4. Upcoming Event
5. OFFICE SPACE AVAILABLE Sub-lease
6. Slip & Fall Accident
--------------------------------------------------------------------------------
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings Kenneth Vercammen,
1. Domestic Violence Not Guilty Does Not Bar Criminal Charge. State v. Brown 395 NJ Super. 492 (App. Div. 2007).
Neither the doctrine of collateral estoppel nor fundamental fairness preclude a criminal prosecution for the same events following denial of a Final Restraining Order and dismissal of a Domestic Violence complaint in the Family Part.
2. Traffic Ticket Served After 30 Days is Untimely. State v. Buczkowski 395 NJ Super. 40 (App. Div. 2007).
The Court applied the Supreme Court's dictum in State v. Fisher, 180 N.J. 462, 474 (2004), that N.J.S.A. 39:5-3a requires service of process within thirty days from the date of a alleged offense in most instances of charged motor vehicle violations. The Court, therefore, affirmed the Law Division's dismissal of a charge of reckless driving, N.J.S.A. 39:4-96, as untimely. The Court also applied the doctrine requiring "[t]he government [to] 'turn square corners' in its dealings with the public."
3. Terroristic Threat Can Be Both 2nd or 3rd Degree State v. Conklin 394 NJ Super. 408 (App. Div. 2007).
After the trial judge dismissed an indictment charging defendant with terroristic threats contrary to N.J.S.A. 2C:12-3(a) in connection with threats to kill the victim, the Court reinstated the indictment, holding that threats to kill may be prosecuted under either N.J.S.A. 2C:12-3(a) or N.J.S.A. 2C:12-3(b) because the elements of subsection (a) differ from elements of subsection (b) and the prosecutor has the discretion to seek an indictment under either statutory provision.
4. Upcoming Events:
Nov. 15 & 26 -Piscataway Police Lecture
Nov. 18 -Barter Depot social NJ Expo Center, Edison
Nov. 19 -Mun Drug, DWI, and Mun Seminar - Sheraton, Woodbridge - see below
Nov. 23 -Born to Run - give out calendars and magnets
HANDLING DRUG, DWI & SERIOUS MUNICIPAL COURT CASES
Monday, November 19, 2007
1:00 PM to 4:00 PM
Sheraton at Woodbridge Place, Iselin
- Penalties have increased for DWI and drug cases
- The alcotest 7110 is now part of DWI practice
- There are new municipal government rules
GAIN A THOROUGH UNDERSTANDING OF MUNICIPAL COURT PRACTICE, PROCEDURE, & RECENT DEVELOPMENTS, INCLUDING:
-Hearsay & Criminal evidence since State v. Berezansky and Crawford v. Washington
-New laws, court rules and pending legislation
-Drunk driving (DWI) - State implementation of the Alcotest 7110 breath test machine
-License suspension
-Plea agreements in drug cases
-How to read a driver's abstract when dealing with traffic violations
-Driving while suspended
-Increased refusal penalties
-Assault
-How to impress the Court and not annoy the Court staff
-Forms motions and demand letters
-Criminal case law developments during the past year
-The Rules of Professional Conduct: retainer agreements and professionalism
and more
This "nuts and bolts" guide to municipal court practice and procedure will prepare you to effectively represent clients in all types of cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will delve into a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
New Jersey Institute for Continuing Legal Education
Program # S525h-13770
One Constitution Square, New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383
CustomerService@njicle.com
The non-profit continuing education service of:
The New Jersey State Bar Association
Rutgers - The State University of New Jersey
Seton Hall University
Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers Division
5. OFFICE SPACE Sub- lease - 2053 Woodbridge Ave, Edison, NJ
Good for professional's branch office or new attorney. 2 rooms left. Available December 1, 2007. Call 732-572-0500.
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 updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Wednesday, October 24, 2007
NJ Laws Email Newsletter E258 - October 24, 2007
NJ Laws Email Newsletter E258
Kenneth Vercammen, Attorney at Law
October 24, 2007
In This Issue
_______________
1. New Law signed to protect injured victims of hit & run accident.
2. In DWI Refusal, Officer should Read Additional Paragraph.
3. Reasonable Suspicion Required to Search a Disabled Car.
4. Proposed law would permit some suspended persons to drive to work to pay child support.
5. Governor Jon S. Corzine signed a new law recently which requires new State residents to register their vehicles in New Jersey.
6. Recent WebPages we have created.
7. We have established a new Web blog called "Law Enforcement Caselaw"
________________________________________
1. New Law signed to protect injured victims of hit & run accident. Law prohibits car insurance company from use of "step-down" provisions to limit uninsured and underinsured motorist coverage in Car insurance policies
This new law prohibits the use of "step-down" provisions in motor vehicle liability policies issued to corporate or business entities to lower uninsured or underinsured motorist coverage for employees to the limits of coverage available to the employees under their personal policies.
This new law is in response to the New Jersey Supreme Court's decision in Pinto v. New Jersey Manufacturers Insurance Company, 183 N.J. 205 (2005). In Pinto, the court held that as to a motor vehicle liability policy that names a corporate or business entity as a named insured, step-down provisions which limit uninsured or underinsured motorist coverage for employees of that entity that are not individually named on the policy are valid and enforceable. Thus, the court's ruling allows an employee's coverage under an employer's business motor vehicle insurance policy to be limited to the lower limits of uninsured or underinsured motorist coverage contained in the employee's individual motor vehicle liability policy, even in situations in which the employee is injured in a covered vehicle in a work-related accident, if the employer's policy so provides.
This new law reverses the effect of the Pinto decision by prohibiting step-down provisions in these policies. Further, the new law expressly provides that a policy that names a corporate or business entity as a named insured shall be deemed to provide the maximum uninsured or underinsured motorist coverage available under the policy to any individual employed by the corporate or business entity, regardless of whether the individual is an additional named insured under that policy or is a named insured or is covered under any other policy providing uninsured or underinsured motorist coverage.
Drivers now receive better protection against negligent drivers who have no insurance or bare minimum policies but cause traumatic injuries. The new law also helps persons injured in hit & run car accidents.
2. In DWI Refusal, Officer should Read Additional Paragraph. State v. Spell 395 NJ Super. 337 (App. Div., 2007).
In refusal to take a breathalyzer test N.J.S.A. 39:4-50.2, the Appellate Division wrote, effective October 1, 2007 officers must read the additional paragraph of the statutorily promulgated statement of the Motor Vehicle Commission before any refusal conviction can be sustained. However, this opinion is stayed pending appeal by Attorney General.
3. Reasonable Suspicion Required to Search a Disabled Car. State v. Elders 195 NJ 224 (2007).
The "reasonable and articulable suspicion" standard of State v. Carty. 174 N.J. 351 (2002), which governs consent searches of cars that are validly stopped applies equally to disabled vehicles on the State's roadways. In this case, the Court concludes that there was sufficient credible evidence in the record to support the trial judge's findings that the troopers engaged in an unconstitutional investigatory detention and search.
4. Proposed law would permit some suspended persons to drive to work to pay child support.
Proposed Bill ASSEMBLY, No. 3240 would allow a person whose license has been suspended for certain motor vehicle violations to apply for a restricted use license. The license would be used exclusively for traveling to and from the licensee's place of employment or education, when other transportation is not available, and for driving on the job where that is a condition of employment. I support this bill since the proposed law is intended to mitigate the adverse effects of a suspension of driving privileges on certain persons who must drive motor vehicles to maintain their employment or continue their education.
Persons who can maintain employment pay taxes and child support. Unemployed persons often become a drain on society.
Under the proposed bill, the court would make a recommendation to the Motor Vehicle Commission as to whether the license should be granted. A restricted use license would be granted only if all fines are paid and sentences completed in connection with the license suspension and proof of fully paid liability insurance is provided.
I urge voters to contact their legislators to support ASSEMBLY, No. 3240.
5. Governor Jon S. Corzine signed a new law recently which requires new State residents to register their vehicles in New Jersey
The legislators recognized there was an increase in non NJ drivers moving to New Jersey but failing to timely register their cars in New Jersey or obtain New Jersey licenses. This is also common with immigrants using unrecognized international licenses, having the car registered in another state, but then living and driving in New Jersey.
The new law extends "touring privileges" to nonresidents who have registered their vehicles in their home state [USA only], so that a vehicle would not have to be registered in more than one state at a time. In addition, current law specified that a person who was authorized to drive in this State as a nonresident prior to moving to New Jersey retains this right for 60 days after establishing New Jersey residency. These provisions have been interpreted by the New Jersey Motor Vehicle Commission to imply that a new New Jersey resident must register any vehicles he intends to drive on public highways within 60 days of becoming a resident.
This amended law expressly requires new New Jersey residents to register their vehicles within 60 days of becoming a resident of this State. Violations would be punishable by a fine up to $250 for a first offense and up to $500 for a second or subsequent offense. In addition, the vehicle would be impounded for a minimum of 96 hours for third or subsequent offenses. The law also allows impounded vehicles that are not claimed by their owners to be sold at auction, and outlines procedures for such sale. If the identity and address of the owner are known, the proceeds from the sale, less any towing, storage, and other costs, would be forwarded to the owner.
The Legislative committee adopted amendments clarifying that the ability to obtain release of an impounded vehicle is separate from the payment of court fines and fees associated with adjudication, clarifying the disposition of violation monies, requiring that the lienholder, if the lienholder's name and address are known, is to be notified of an impending sale of an impounded vehicle, and making technical changes to the text of the bill.
Under the law, one-half of the fines and penalties imposed and collected for violations would be paid to the chief financial officer of the county and one-half to the chief financial officer of the municipality in which the violation occurred, unless the complaining witness is a State law enforcement officer or other State official in which case the monies would be paid to the State Treasurer.
6. Recent and New Web Pages/Articles by Kenneth Vercammen
What to do if you have a Sport related Injury?
http://njlaws.com/what_to_do_sport_injury.htm
What are Interrogatory Questions?
http://njpersonalinjurylawcenter.com/what_are_interrogatory_questions.htm
Underage drinking at PNC Arts Center/Garden State Arts Center - Holmdel, NJ
http://njlaws.com/underage_drinking_pnc_arts_center.htm
Miranda Right to Remain Silent
http://benotguilty.com/criminal/miranda_right_to_remain_silent.htm
Drug Recognition Expert Defense
http://benotguilty.com/criminal/drug_recognition_expert_defense.htm
7. We have established a new Web blog called "LAW ENFORCEMENT CASELAW"
http://lawenforcementcaselaw.blogspot.com
This Webblog sets for weekly updates on criminal cases which affect police, law enforcement and homeland Security. Our Editor is Mike Rowan, a 2nd year law
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Kenneth Vercammen, Attorney at Law
October 24, 2007
In This Issue
_______________
1. New Law signed to protect injured victims of hit & run accident.
2. In DWI Refusal, Officer should Read Additional Paragraph.
3. Reasonable Suspicion Required to Search a Disabled Car.
4. Proposed law would permit some suspended persons to drive to work to pay child support.
5. Governor Jon S. Corzine signed a new law recently which requires new State residents to register their vehicles in New Jersey.
6. Recent WebPages we have created.
7. We have established a new Web blog called "Law Enforcement Caselaw"
________________________________________
1. New Law signed to protect injured victims of hit & run accident. Law prohibits car insurance company from use of "step-down" provisions to limit uninsured and underinsured motorist coverage in Car insurance policies
This new law prohibits the use of "step-down" provisions in motor vehicle liability policies issued to corporate or business entities to lower uninsured or underinsured motorist coverage for employees to the limits of coverage available to the employees under their personal policies.
This new law is in response to the New Jersey Supreme Court's decision in Pinto v. New Jersey Manufacturers Insurance Company, 183 N.J. 205 (2005). In Pinto, the court held that as to a motor vehicle liability policy that names a corporate or business entity as a named insured, step-down provisions which limit uninsured or underinsured motorist coverage for employees of that entity that are not individually named on the policy are valid and enforceable. Thus, the court's ruling allows an employee's coverage under an employer's business motor vehicle insurance policy to be limited to the lower limits of uninsured or underinsured motorist coverage contained in the employee's individual motor vehicle liability policy, even in situations in which the employee is injured in a covered vehicle in a work-related accident, if the employer's policy so provides.
This new law reverses the effect of the Pinto decision by prohibiting step-down provisions in these policies. Further, the new law expressly provides that a policy that names a corporate or business entity as a named insured shall be deemed to provide the maximum uninsured or underinsured motorist coverage available under the policy to any individual employed by the corporate or business entity, regardless of whether the individual is an additional named insured under that policy or is a named insured or is covered under any other policy providing uninsured or underinsured motorist coverage.
Drivers now receive better protection against negligent drivers who have no insurance or bare minimum policies but cause traumatic injuries. The new law also helps persons injured in hit & run car accidents.
2. In DWI Refusal, Officer should Read Additional Paragraph. State v. Spell 395 NJ Super. 337 (App. Div., 2007).
In refusal to take a breathalyzer test N.J.S.A. 39:4-50.2, the Appellate Division wrote, effective October 1, 2007 officers must read the additional paragraph of the statutorily promulgated statement of the Motor Vehicle Commission before any refusal conviction can be sustained. However, this opinion is stayed pending appeal by Attorney General.
3. Reasonable Suspicion Required to Search a Disabled Car. State v. Elders 195 NJ 224 (2007).
The "reasonable and articulable suspicion" standard of State v. Carty. 174 N.J. 351 (2002), which governs consent searches of cars that are validly stopped applies equally to disabled vehicles on the State's roadways. In this case, the Court concludes that there was sufficient credible evidence in the record to support the trial judge's findings that the troopers engaged in an unconstitutional investigatory detention and search.
4. Proposed law would permit some suspended persons to drive to work to pay child support.
Proposed Bill ASSEMBLY, No. 3240 would allow a person whose license has been suspended for certain motor vehicle violations to apply for a restricted use license. The license would be used exclusively for traveling to and from the licensee's place of employment or education, when other transportation is not available, and for driving on the job where that is a condition of employment. I support this bill since the proposed law is intended to mitigate the adverse effects of a suspension of driving privileges on certain persons who must drive motor vehicles to maintain their employment or continue their education.
Persons who can maintain employment pay taxes and child support. Unemployed persons often become a drain on society.
Under the proposed bill, the court would make a recommendation to the Motor Vehicle Commission as to whether the license should be granted. A restricted use license would be granted only if all fines are paid and sentences completed in connection with the license suspension and proof of fully paid liability insurance is provided.
I urge voters to contact their legislators to support ASSEMBLY, No. 3240.
5. Governor Jon S. Corzine signed a new law recently which requires new State residents to register their vehicles in New Jersey
The legislators recognized there was an increase in non NJ drivers moving to New Jersey but failing to timely register their cars in New Jersey or obtain New Jersey licenses. This is also common with immigrants using unrecognized international licenses, having the car registered in another state, but then living and driving in New Jersey.
The new law extends "touring privileges" to nonresidents who have registered their vehicles in their home state [USA only], so that a vehicle would not have to be registered in more than one state at a time. In addition, current law specified that a person who was authorized to drive in this State as a nonresident prior to moving to New Jersey retains this right for 60 days after establishing New Jersey residency. These provisions have been interpreted by the New Jersey Motor Vehicle Commission to imply that a new New Jersey resident must register any vehicles he intends to drive on public highways within 60 days of becoming a resident.
This amended law expressly requires new New Jersey residents to register their vehicles within 60 days of becoming a resident of this State. Violations would be punishable by a fine up to $250 for a first offense and up to $500 for a second or subsequent offense. In addition, the vehicle would be impounded for a minimum of 96 hours for third or subsequent offenses. The law also allows impounded vehicles that are not claimed by their owners to be sold at auction, and outlines procedures for such sale. If the identity and address of the owner are known, the proceeds from the sale, less any towing, storage, and other costs, would be forwarded to the owner.
The Legislative committee adopted amendments clarifying that the ability to obtain release of an impounded vehicle is separate from the payment of court fines and fees associated with adjudication, clarifying the disposition of violation monies, requiring that the lienholder, if the lienholder's name and address are known, is to be notified of an impending sale of an impounded vehicle, and making technical changes to the text of the bill.
Under the law, one-half of the fines and penalties imposed and collected for violations would be paid to the chief financial officer of the county and one-half to the chief financial officer of the municipality in which the violation occurred, unless the complaining witness is a State law enforcement officer or other State official in which case the monies would be paid to the State Treasurer.
6. Recent and New Web Pages/Articles by Kenneth Vercammen
What to do if you have a Sport related Injury?
http://njlaws.com/what_to_do_sport_injury.htm
What are Interrogatory Questions?
http://njpersonalinjurylawcenter.com/what_are_interrogatory_questions.htm
Underage drinking at PNC Arts Center/Garden State Arts Center - Holmdel, NJ
http://njlaws.com/underage_drinking_pnc_arts_center.htm
Miranda Right to Remain Silent
http://benotguilty.com/criminal/miranda_right_to_remain_silent.htm
Drug Recognition Expert Defense
http://benotguilty.com/criminal/drug_recognition_expert_defense.htm
7. We have established a new Web blog called "LAW ENFORCEMENT CASELAW"
http://lawenforcementcaselaw.blogspot.com
This Webblog sets for weekly updates on criminal cases which affect police, law enforcement and homeland Security. Our Editor is Mike Rowan, a 2nd year law
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Tuesday, October 09, 2007
NJ Laws Email Newsletter E257 - October 9, 2007
NJ Laws Email Newsletter E257
Kenneth Vercammen, Attorney at Law October 9, 2007
In This Issue
_______________
1. Decision on reliability of new DWI breath testing machine delayed.
2. If You are Hurt in an Accident, We Can Help You.
3. Upcoming Great Charity Races
4. Apartment for Rent Edison, NJ
5. Recent and New Web Pages/Articles by Kenneth Vercammen
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings,
1. Decision on reliability of new DWI breath testing machine delayed.
The Alcotest 7110 MK III is a new DWI breath testing machine manufactured by National Draeger, Inc., which is made with an internal computer communications feature as a standard capability of the instrument.
The Attorney General selected the Alcotest 7110 MK III machine to replace the breathalyzer as the testing machine for drunk drivers. There have been many challenges to this new Alcotest 7110 MK III DWI breath testing machine.
The Supreme Court in State v Chun appointed retired Appellate Division Presiding Judge Michael Patrick King as Special Master to develop a record, conduct hearings and report his findings and conclusions to the Supreme Court regarding the reliability of the Alcotest device. Judge King submitted his initial report to the Supreme Court on February 13, 2007.
Meanwhile, the question continues to be raised as to how the municipal courts are to proceed with Alcotest cases now that Judge King has submitted his personal report to the Supreme Court. The Administrative Office of the Court reminded all NJ court of the Supreme Court's January 10, 2006 order in the Chun case (emphasis added):
"Ordered that any and all requests for a reliability hearing in respect of Alcotest devices are stayed pending the filing of the Court's final decision herein, at which time all pending challenges to an Alcotest device's reliability shall be decided consistent with the Court's disposition;..."
The Administrative Office of the Court stated that the municipal courts should take no action based on submission of the Judge King report to the Court, either in pending cases or in any post-conviction relief applications. Rather, the courts should wait until the Supreme Court renders its final decision and act in accordance with that decision.
The Supreme Court in the Summer of 2007 permitted defense counsel to have independent experts examine the source code of the machine's computers.
The Supreme Court issued an Order on April 30, 2007 that contemplated an analysis of the software denominated as Firmware version 3.11. The Supreme Court ORDERED that each of the two experts designated by defendants and Draeger shall provide a report to the State, defendants, Draeger, and the Special Master within ninety (90) days of the receipt of the source code consistent with the examination and protective and it is further ORDERED that Draeger shall provide the source codes to the respective experts.
The Supreme Court also ordered:
10/12/07 Testimonial hearings to be completed
(45 days of receipt of experts' report)
10/26/07 Special Master's report due to Supreme Court (14 days from conclusion of hearings)
After over two years of litigation in State v. Chun, approximately 21,000 pages of documents have been disclosed, a 41 day hearing has been held before Judge King spanning 8,500 pages of transcripts, Judge King issued a 268 page opinion, and the case has been briefed and argued before the Supreme Court.
Co-Lead counsel Evan Levow advised that expert Base One did an extensive evaluation, finding 19,400 potential errors in the code.
In a report released August 28, 2007, Base One determined:
As a matter of public safety, the Alcotest should be suspended from use until the software has been reviewed against an acceptable set of software development standards, and recoded and tested if necessary. An incorrect breath test could lead to accidents and possible loss of life, because the device might not detect a person who is under the influence, and that person would be allowed to drive. The possibility also exists that a person not under the influence could be wrongly accused and/or convicted.
Draeger reviewed the code, as well, through its software house, SysTest Labs, which agreed with Base One, that the patchwork code that makes up the 7110 is not written well, nor is it written to any defined coding standard. SysTest said, "The Alcotest NJ3.11 source code appears to have evolved over numerous transitions and versioning, which is responsible for cyclomatic complexity."
The best thing SysTest said about the machine was, "The translation from German to English of the comments within the major components shows the logical intent of the programmers to produce reliable and valid test results. SysTest was unable to find any evidence of any intention to mis-direct or re-direct the test results or report anything other than valid results."
SysTest only looked for "mal-ware", not for functioning of the code. Base One, however, did an extensive evaluation, finding 19,400 potential errors in the code.
The Supreme Court will not decide whether this Alcotest 7110 machine is reliable for several additional months.
Additional Information on the Summary of the Software, submitted by Co-Lead counsel Evan Levow, is at http://njlaws.com/alcotest.htm
2. If You are Hurt in an Accident, We Can Help.
If you are hurt in a car, slip and fall or other type of accident, please call us. We are dedicated to providing the highest quality of legal representation to accident victims. We represent accident victims only- Not insurance companies. We will fight for your rights and try to resolve your claim as fast as possible, with the goal being to obtain the maximum compensation for you. We offer a free, no-obligation consultation.
3. Upcoming Great Charity Races
10/13/07 Sayreville Hit the Bricks 5 mile 732-390-7092
10/13/07 Metuchen YMCA
10/13/07 Rat race- Wall
10/14/07 Lupus 4 mile Cranford
10/21/07 Sunday East Brunswick 1pm RVRR well run event Road closed to traffic 848-391-0200. ebrrinc@gmail.com www.ebrr.org
10/28/07 Trick or Trot 4 mile run 4 mile Long Branch
Oct. 28 Frost on the Pumpkin 10k South River date TBA Cool winner mugs, secret free beer?, big hill
11/4/07 Sunday RUN with the VIKINGS 5K 10:00 AM South Brunswick High School, South Brunswick, NJ Bob Tona's great event
11/11/07 Hashathon 6 Mile 6 mile Cheesequake challenging, dangerous trails, Free beer, best post race party with band, 732-542-6090
11/17/07 Manasquan Turkey Trot 5 mile Manasquan
11/22/07 ASHENFELTER 8K CLASSIC, 9am, Glen Ridge, 973-748-0093, (NBGP-700pts)
11/23/07 Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern
11/25/07 Navesink Challenge 15k and 5k, 9am, 5k, 9:10 Middletown, NJ 732-542-6090 Quality JSRC event with Race director Dave Z.
12/1/07 Metuchen 5k
12/2/07 Reindeer Romp 5k Point Pleasant plenty of post race food, discount drinks
12/8/07 Bar A Jingle Bell Run 5k Lake Como
12/9/07 Toys for Tots 5k Freehold
12/9 USATF-NJ 10 MILE CHAMPIONSHIP, 11am Mercer County Park, West Windsor, 973-334-890 USATF members only
12/29 Polar Bear Races 5k Asbury Park 5mi Run, 1pm, 732-222-9080 Free Polar Plunge swim in Atlantic Ocean after race.
12/29 Ramona's Run 4 mile, 4pm Perth Amboy, NJ 732-381-0318
Jan. 5, 2008 Freezing Cold Hash run, Edison, NJ -Start Ken Vercammen Law Office, 2053 Woodbridge Ave, Edison 732-572-0500 Adventure trail run, not a formal race. Featured on TV News12 NJ and Cablevision.
4. Apartment For Rent - Edison, NJ
Apartment for Rent in Edison, NJ - 1 Bedroom, 2nd Floor, and all utilities included. Woodbridge Avenue, near Route 1. Private Parking $950/month. Available Immediately.
Call (732) 824-7607
5. Recent and New Web Pages/Articles by Kenneth Vercammen
What is an Expert Witness in a DWI case, If you are charged with Driving While Under the Influence?
What is a Deposition?
Caveat to Will
2007 Police Week
Victim's Rights
Kenneth Vercammen is a licensed Real Estate Agent
Kenneth Vercammen's eaking Engagements
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Kenneth Vercammen, Attorney at Law October 9, 2007
In This Issue
_______________
1. Decision on reliability of new DWI breath testing machine delayed.
2. If You are Hurt in an Accident, We Can Help You.
3. Upcoming Great Charity Races
4. Apartment for Rent Edison, NJ
5. Recent and New Web Pages/Articles by Kenneth Vercammen
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings,
1. Decision on reliability of new DWI breath testing machine delayed.
The Alcotest 7110 MK III is a new DWI breath testing machine manufactured by National Draeger, Inc., which is made with an internal computer communications feature as a standard capability of the instrument.
The Attorney General selected the Alcotest 7110 MK III machine to replace the breathalyzer as the testing machine for drunk drivers. There have been many challenges to this new Alcotest 7110 MK III DWI breath testing machine.
The Supreme Court in State v Chun appointed retired Appellate Division Presiding Judge Michael Patrick King as Special Master to develop a record, conduct hearings and report his findings and conclusions to the Supreme Court regarding the reliability of the Alcotest device. Judge King submitted his initial report to the Supreme Court on February 13, 2007.
Meanwhile, the question continues to be raised as to how the municipal courts are to proceed with Alcotest cases now that Judge King has submitted his personal report to the Supreme Court. The Administrative Office of the Court reminded all NJ court of the Supreme Court's January 10, 2006 order in the Chun case (emphasis added):
"Ordered that any and all requests for a reliability hearing in respect of Alcotest devices are stayed pending the filing of the Court's final decision herein, at which time all pending challenges to an Alcotest device's reliability shall be decided consistent with the Court's disposition;..."
The Administrative Office of the Court stated that the municipal courts should take no action based on submission of the Judge King report to the Court, either in pending cases or in any post-conviction relief applications. Rather, the courts should wait until the Supreme Court renders its final decision and act in accordance with that decision.
The Supreme Court in the Summer of 2007 permitted defense counsel to have independent experts examine the source code of the machine's computers.
The Supreme Court issued an Order on April 30, 2007 that contemplated an analysis of the software denominated as Firmware version 3.11. The Supreme Court ORDERED that each of the two experts designated by defendants and Draeger shall provide a report to the State, defendants, Draeger, and the Special Master within ninety (90) days of the receipt of the source code consistent with the examination and protective and it is further ORDERED that Draeger shall provide the source codes to the respective experts.
The Supreme Court also ordered:
10/12/07 Testimonial hearings to be completed
(45 days of receipt of experts' report)
10/26/07 Special Master's report due to Supreme Court (14 days from conclusion of hearings)
After over two years of litigation in State v. Chun, approximately 21,000 pages of documents have been disclosed, a 41 day hearing has been held before Judge King spanning 8,500 pages of transcripts, Judge King issued a 268 page opinion, and the case has been briefed and argued before the Supreme Court.
Co-Lead counsel Evan Levow advised that expert Base One did an extensive evaluation, finding 19,400 potential errors in the code.
In a report released August 28, 2007, Base One determined:
As a matter of public safety, the Alcotest should be suspended from use until the software has been reviewed against an acceptable set of software development standards, and recoded and tested if necessary. An incorrect breath test could lead to accidents and possible loss of life, because the device might not detect a person who is under the influence, and that person would be allowed to drive. The possibility also exists that a person not under the influence could be wrongly accused and/or convicted.
Draeger reviewed the code, as well, through its software house, SysTest Labs, which agreed with Base One, that the patchwork code that makes up the 7110 is not written well, nor is it written to any defined coding standard. SysTest said, "The Alcotest NJ3.11 source code appears to have evolved over numerous transitions and versioning, which is responsible for cyclomatic complexity."
The best thing SysTest said about the machine was, "The translation from German to English of the comments within the major components shows the logical intent of the programmers to produce reliable and valid test results. SysTest was unable to find any evidence of any intention to mis-direct or re-direct the test results or report anything other than valid results."
SysTest only looked for "mal-ware", not for functioning of the code. Base One, however, did an extensive evaluation, finding 19,400 potential errors in the code.
The Supreme Court will not decide whether this Alcotest 7110 machine is reliable for several additional months.
Additional Information on the Summary of the Software, submitted by Co-Lead counsel Evan Levow, is at http://njlaws.com/alcotest.htm
2. If You are Hurt in an Accident, We Can Help.
If you are hurt in a car, slip and fall or other type of accident, please call us. We are dedicated to providing the highest quality of legal representation to accident victims. We represent accident victims only- Not insurance companies. We will fight for your rights and try to resolve your claim as fast as possible, with the goal being to obtain the maximum compensation for you. We offer a free, no-obligation consultation.
3. Upcoming Great Charity Races
10/13/07 Sayreville Hit the Bricks 5 mile 732-390-7092
10/13/07 Metuchen YMCA
10/13/07 Rat race- Wall
10/14/07 Lupus 4 mile Cranford
10/21/07 Sunday East Brunswick 1pm RVRR well run event Road closed to traffic 848-391-0200. ebrrinc@gmail.com www.ebrr.org
10/28/07 Trick or Trot 4 mile run 4 mile Long Branch
Oct. 28 Frost on the Pumpkin 10k South River date TBA Cool winner mugs, secret free beer?, big hill
11/4/07 Sunday RUN with the VIKINGS 5K 10:00 AM South Brunswick High School, South Brunswick, NJ Bob Tona's great event
11/11/07 Hashathon 6 Mile 6 mile Cheesequake challenging, dangerous trails, Free beer, best post race party with band, 732-542-6090
11/17/07 Manasquan Turkey Trot 5 mile Manasquan
11/22/07 ASHENFELTER 8K CLASSIC, 9am, Glen Ridge, 973-748-0093, (NBGP-700pts)
11/23/07 Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern
11/25/07 Navesink Challenge 15k and 5k, 9am, 5k, 9:10 Middletown, NJ 732-542-6090 Quality JSRC event with Race director Dave Z.
12/1/07 Metuchen 5k
12/2/07 Reindeer Romp 5k Point Pleasant plenty of post race food, discount drinks
12/8/07 Bar A Jingle Bell Run 5k Lake Como
12/9/07 Toys for Tots 5k Freehold
12/9 USATF-NJ 10 MILE CHAMPIONSHIP, 11am Mercer County Park, West Windsor, 973-334-890 USATF members only
12/29 Polar Bear Races 5k Asbury Park 5mi Run, 1pm, 732-222-9080 Free Polar Plunge swim in Atlantic Ocean after race.
12/29 Ramona's Run 4 mile, 4pm Perth Amboy, NJ 732-381-0318
Jan. 5, 2008 Freezing Cold Hash run, Edison, NJ -Start Ken Vercammen Law Office, 2053 Woodbridge Ave, Edison 732-572-0500 Adventure trail run, not a formal race. Featured on TV News12 NJ and Cablevision.
4. Apartment For Rent - Edison, NJ
Apartment for Rent in Edison, NJ - 1 Bedroom, 2nd Floor, and all utilities included. Woodbridge Avenue, near Route 1. Private Parking $950/month. Available Immediately.
Call (732) 824-7607
5. Recent and New Web Pages/Articles by Kenneth Vercammen
What is an Expert Witness in a DWI case, If you are charged with Driving While Under the Influence?
What is a Deposition?
Caveat to Will
2007 Police Week
Victim's Rights
Kenneth Vercammen is a licensed Real Estate Agent
Kenneth Vercammen's eaking Engagements
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Wednesday, September 26, 2007
NJ Laws Email Newsletter E256 - September 26, 2007
NJ Laws Email Newsletter E256
Kenneth Vercammen, Attorney at Law September 26, 2007
--------------------------------------------------------------------------------
In This Issue
_______________
1. Police immune in high speed chase. Scott v. Harris US Supreme Court 05-1631
2. Carnegie Center 5K for The Parkinson Alliance Saturday September 29
3. Wills & Elder Law Seminar Middlesex County College, Professional & Community Programs Monday, October 15, 2007 7 - 9 P.M.
4. Upcoming Events
--------------------------------------------------------------------------------
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
1. Police immune in high speed chase. Scott v. Harris US Supreme Court 05-1631.
Deputy Timothy Scott, petitioner here, terminated a high-speed pursuit of respondent's car by applying his push bumper to the rear of the vehicle, causing it to leave the road and crash. Respondent was rendered quadriplegic. He filed suit under 42 U.S.C. 1983 alleging, inter alia, the use of excessive force resulting in an unreasonable seizure under the Fourth Amendment. The District Court denied Scott's summary judgment motion, which was based on qualified immunity. The Eleventh Circuit affirmed on interlocutory appeal, concluding, that Scott's actions could constitute "deadly force" under Tennessee v. Garner; that the use of such force in this context would violate respondent's constitutional right to be free from excessive force during a seizure; and that a reasonable jury could so find. The Court held that because the car chase respondent initiated posed a substantial and immediate risk of serious physical injury to others, Scott's attempt to terminate the chase by forcing respondent off the road was reasonable, and Scott is entitled to summary judgment.
2. Carnegie Center 5K for The Parkinson Alliance Saturday September 29
101 Carnegie Center Parking Lot West Windsor, New Jersey
Join us for the Carnegie Center 5K and one-mile fun run. Walkers and families are welcome. Food and refreshments will be served, and t-shirts will be given away (while supplies last). Awards to age-category and group team winners: 1st, 2nd, and 3rd place. There are water stops along the relatively flat course. Baldasari and Leestma timers; USATF Certified Course, Sanction Race; USATF-NJ Grand Prix Event: 500 points.
5K
Registration: 7:30am-9:15am
Start Time: 9:30
We are putting together a team for this event. When you register, for the team section, write in RVRR- Vercammen. Speed not important, just finish a 3.1 mile race.
http://www.parkinsonalliance.org/events.php?ID=4
3. Wills & Elder Law Seminar
WHERE: Middlesex County College, Professional & Community Programs
WHEN: Monday, October 15, 2007 7 - 9 P.M.
SPEAKER: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
- So you don't have a Will. You won't live forever and you can't take it with you. What should you do?
Main Topics:
1. Wills and the 2006 changes to the NJ Probate Law
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Estate Planning
6. Revocable Trusts/ Irrevocable Trusts
7. Federal HIPAA Regulations on release of medical info
8. Federal Estate Tax
9. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law. For more information on Elder law, visit the Website www.njlaws.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenv@njlaws.com.
Call for information 732-906-2556 to register by phone
$15 registration fee payable to Professional & Community Programs
About the Speaker: Kenneth Vercammen is an Elder Law and Litigation Attorney in Edison, NJ. He often lectures for the American Bar Association and New Jersey State Bar Association on Elder Law, personal injury, and criminal / municipal court matters. He has published 125 articles in national and New Jersey publications on legal topics. He speaks as a volunteer on Wills and Elder law to Adult Community Schools and non profit groups including Edison, Metuchen, Woodbridge, East Brunswick, North Brunswick, South Brunswick, Piscataway, Sayreville, Old Bridge, Spotswood and Perth Amboy Seniors. He has established New Jersey's most popular Elder law website on the Internet to provide information on Probate, Elder Law and Traffic matters located at www.njlaws.com
4. Upcoming Events
Oct. 6 Metuchen Fair- 10-4
Oct. 29 Biz Mania 1:30 -4
Thank you for reading our newsletter! God Bless America USA #1
Our new law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Kenneth Vercammen, Attorney at Law September 26, 2007
--------------------------------------------------------------------------------
In This Issue
_______________
1. Police immune in high speed chase. Scott v. Harris US Supreme Court 05-1631
2. Carnegie Center 5K for The Parkinson Alliance Saturday September 29
3. Wills & Elder Law Seminar Middlesex County College, Professional & Community Programs Monday, October 15, 2007 7 - 9 P.M.
4. Upcoming Events
--------------------------------------------------------------------------------
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
1. Police immune in high speed chase. Scott v. Harris US Supreme Court 05-1631.
Deputy Timothy Scott, petitioner here, terminated a high-speed pursuit of respondent's car by applying his push bumper to the rear of the vehicle, causing it to leave the road and crash. Respondent was rendered quadriplegic. He filed suit under 42 U.S.C. 1983 alleging, inter alia, the use of excessive force resulting in an unreasonable seizure under the Fourth Amendment. The District Court denied Scott's summary judgment motion, which was based on qualified immunity. The Eleventh Circuit affirmed on interlocutory appeal, concluding, that Scott's actions could constitute "deadly force" under Tennessee v. Garner; that the use of such force in this context would violate respondent's constitutional right to be free from excessive force during a seizure; and that a reasonable jury could so find. The Court held that because the car chase respondent initiated posed a substantial and immediate risk of serious physical injury to others, Scott's attempt to terminate the chase by forcing respondent off the road was reasonable, and Scott is entitled to summary judgment.
2. Carnegie Center 5K for The Parkinson Alliance Saturday September 29
101 Carnegie Center Parking Lot West Windsor, New Jersey
Join us for the Carnegie Center 5K and one-mile fun run. Walkers and families are welcome. Food and refreshments will be served, and t-shirts will be given away (while supplies last). Awards to age-category and group team winners: 1st, 2nd, and 3rd place. There are water stops along the relatively flat course. Baldasari and Leestma timers; USATF Certified Course, Sanction Race; USATF-NJ Grand Prix Event: 500 points.
5K
Registration: 7:30am-9:15am
Start Time: 9:30
We are putting together a team for this event. When you register, for the team section, write in RVRR- Vercammen. Speed not important, just finish a 3.1 mile race.
http://www.parkinsonalliance.org/events.php?ID=4
3. Wills & Elder Law Seminar
WHERE: Middlesex County College, Professional & Community Programs
WHEN: Monday, October 15, 2007 7 - 9 P.M.
SPEAKER: Kenneth Vercammen, Esq. of Edison
(Co-Author- NJ Elder Law & Probate)
- So you don't have a Will. You won't live forever and you can't take it with you. What should you do?
Main Topics:
1. Wills and the 2006 changes to the NJ Probate Law
2. Power of Attorney
3. Living Will
4. Administering the Estate/ Probate/Surrogate
5. Estate Planning
6. Revocable Trusts/ Irrevocable Trusts
7. Federal HIPAA Regulations on release of medical info
8. Federal Estate Tax
9. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law. For more information on Elder law, visit the Website www.njlaws.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenv@njlaws.com.
Call for information 732-906-2556 to register by phone
$15 registration fee payable to Professional & Community Programs
About the Speaker: Kenneth Vercammen is an Elder Law and Litigation Attorney in Edison, NJ. He often lectures for the American Bar Association and New Jersey State Bar Association on Elder Law, personal injury, and criminal / municipal court matters. He has published 125 articles in national and New Jersey publications on legal topics. He speaks as a volunteer on Wills and Elder law to Adult Community Schools and non profit groups including Edison, Metuchen, Woodbridge, East Brunswick, North Brunswick, South Brunswick, Piscataway, Sayreville, Old Bridge, Spotswood and Perth Amboy Seniors. He has established New Jersey's most popular Elder law website on the Internet to provide information on Probate, Elder Law and Traffic matters located at www.njlaws.com
4. Upcoming Events
Oct. 6 Metuchen Fair- 10-4
Oct. 29 Biz Mania 1:30 -4
Thank you for reading our newsletter! God Bless America USA #1
Our new law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Tuesday, September 18, 2007
NJ Laws Email Newsletter E255 September 10, 2007
NJ Laws Email Newsletter E255
Kenneth Vercammen, Attorney at Law
September 10, 2007
In This Issue
_______________
1. September 11th, 2007, an American flag should be displayed outside every home, apartment, office, and store in the United States
2. Recent cases- Threatening statements by defendant against witness not admissible.
3. Judge cannot issue warrant if they know the defendant.
4. No judicial notice of prior domestic violence dismissal in criminal assault case.
5. Bishop George Ahr/St. Thomas Aquinas 1st Annual Cross Country Classic for alumni and family.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings,
1. September 11th, 2007, an American flag should be displayed outside every home, apartment, office, and store in the United States.
Please join us in this FLY THE FLAG campaign and PLEASE forward this email immediately to everyone in your address book asking them to also forward it. We have a little less than one week and counting to get the word out all across this great land and into every community in the United States of America. If you forward this email to least 11 people and each of those people do the same...you get the idea.
THE PROGRAM IS THIS:
On Tuesday, September 11th, 2007, an American flag should be displayed outside every home, apartment, office, and store in the United States. Every individual should make it their duty to display an American flag on this anniversary of our country's worst tragedy. We do this in honor of those who lost their lives on 9/11, their families, friends and loved ones who continue to endure the pain, and those who today are fighting at home and abroad to preserve our cherished freedoms.
In the days, weeks and months following 9/11, our country was bathed in American flags as citizens mourned the incredible losses and stood shoulder-to-shoulder against terrorism. Sadly, those flags have all but disappeared. Our patriotism pulled us through some tough times and it shouldn't take another attack to galvanize us in solidarity. Our American flag is the fabric of our country and together we can prevail over terrorism of all kinds.
Action Plan: So, here's what we need you to do...
(1) Forward this email to everyone you know (at least 11 people). Please don't be the one to break this chain. Take a moment to think back to how you felt on 9/11 and let those sentiments guide you.
(2) Fly an American flag of any size on 9/11.
Honestly, Americans should fly the flag year-round, but if you don't, then at least make it a priority on this day.
Thank you for your participation.
God Bless You and God Bless America.
2. Recent cases- Threatening statements by defendant against witness not admissible. State v. Byrd 393 N.J. Super. 218 (App. Div. 2007)
At trial, the inculpatory statement of a non-testifying State witness was admitted through the testimony of a police detective, the judge having determined that both defendants had forfeited their Sixth Amendment right of confrontation when they procured the witness's silence by threatening him with bodily harm. The court reversed the convictions concluding that for the statement to have been admissible, the statement must also fall within one of the exceptions to the hearsay rule of preclusion, or be admissible by other law, N.J.R.E. 802. The New Jersey Rules of Evidence, contrary to the Federal Rules do not contain a forfeiture-by-wrongdoing hearsay exception permitting admission of the statement. N.J.R.E. 804(b). Although courts in a number of jurisdictions without a codified hearsay exception have adopted the forfeiture-by-wrongdoing doctrine through judicial decision, the court declined to do so determining that such change in the Rules of Evidence should be accomplished by the Supreme Court in accordance with the procedure prescribed in N.J.S.A. 2A:84A-38 and -39, rather than by judicial opinion.
3. Judge cannot issue warrant if they know the defendant. State v. McCann 391 N.J. Super. 542 (App. Div. 2007)
A municipal court judge who issued a search warrant for defendant's residence had a prior attorney-client relationship with defendant and with other members of his family over a period of many years. The Law Division granted defendant's motion to suppress, finding that the judge was not the constitutionally required "neutral and detached magistrate." The court agreed that the judge should not have issued the warrant, concluding that the appearance of impropriety was objectively reasonable and required the judge's recusal. The judge knew or should have known that the person identified in the warrant application was his former client. However, the court accorded its holding prospective effect only, concluding that suppression was not warranted in this case where defendant made no assertion of possible bias on the part of the judge and the court's decision established a new rule of law, as follows: In the future, if a defendant makes a particularized and credible assertion of facts which objectively suggest an appearance of partiality on the part of the judge issuing a search warrant, based on a prior relationship or otherwise, a "bright-line" rule invalidating the search warrant will be applicable.
4. No judicial notice of prior domestic violence dismissal in criminal assault case. State v. Silva __ N.J. Super. __ A-2332-06T5 6/29/07
On interlocutory review, the court reversed a trial judge's judicial notice, in a criminal trial, of another judge's factual finding in a related domestic violence proceeding.
5. Bishop George Ahr/St. Thomas Aquinas 1st Annual Cross Country Classic for alumni and family
Date: Sunday, September 16, 2007
Location: Bishop Ahr High School
Course: 3.1 mile BGA cross country course held on Bishop Ahr property
Time: 11:00 am to 2:00 pm
- Registration begins at 11:00 am
- Opening Prayer will begin at 11:30 am
Awards: Top 3 places in each group
Races scheduled:
- BGA Alumni Men and Women: Age groups -
Junior alumni division: 18 to 29, Senior alumni division: 30 and up
- Two Mile Walk Race on the track for Adults Only
- Parochial Grade 5 thru 8-boys & girls
- Lollipop race for ages 5 and under for alumni family and friends
Cost: $10.00 pre-registration/includes t-shirt and entry for 1 race. Alumni children free for each alumnus who registers to run by September 1st, 2007
$ 15.00 post-registration - on the day of race
Mail entries to: Ms. Yancy Munoz, Assistant Athletic Director
Bishop Ahr High School
One Tingley Lane, Edison, NJ 08820
For any inquiries contact: ymunoz@bgahs.org, to download entry form,
http://www.bgahs.com/apps/news/show_news.jsp?REC_ID=37793&id=0&rn=1592161
Concession stand will be open!
Thank you for reading our newsletter! God Bless America USA #1
Our new law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Kenneth Vercammen, Attorney at Law
September 10, 2007
In This Issue
_______________
1. September 11th, 2007, an American flag should be displayed outside every home, apartment, office, and store in the United States
2. Recent cases- Threatening statements by defendant against witness not admissible.
3. Judge cannot issue warrant if they know the defendant.
4. No judicial notice of prior domestic violence dismissal in criminal assault case.
5. Bishop George Ahr/St. Thomas Aquinas 1st Annual Cross Country Classic for alumni and family.
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings,
1. September 11th, 2007, an American flag should be displayed outside every home, apartment, office, and store in the United States.
Please join us in this FLY THE FLAG campaign and PLEASE forward this email immediately to everyone in your address book asking them to also forward it. We have a little less than one week and counting to get the word out all across this great land and into every community in the United States of America. If you forward this email to least 11 people and each of those people do the same...you get the idea.
THE PROGRAM IS THIS:
On Tuesday, September 11th, 2007, an American flag should be displayed outside every home, apartment, office, and store in the United States. Every individual should make it their duty to display an American flag on this anniversary of our country's worst tragedy. We do this in honor of those who lost their lives on 9/11, their families, friends and loved ones who continue to endure the pain, and those who today are fighting at home and abroad to preserve our cherished freedoms.
In the days, weeks and months following 9/11, our country was bathed in American flags as citizens mourned the incredible losses and stood shoulder-to-shoulder against terrorism. Sadly, those flags have all but disappeared. Our patriotism pulled us through some tough times and it shouldn't take another attack to galvanize us in solidarity. Our American flag is the fabric of our country and together we can prevail over terrorism of all kinds.
Action Plan: So, here's what we need you to do...
(1) Forward this email to everyone you know (at least 11 people). Please don't be the one to break this chain. Take a moment to think back to how you felt on 9/11 and let those sentiments guide you.
(2) Fly an American flag of any size on 9/11.
Honestly, Americans should fly the flag year-round, but if you don't, then at least make it a priority on this day.
Thank you for your participation.
God Bless You and God Bless America.
2. Recent cases- Threatening statements by defendant against witness not admissible. State v. Byrd 393 N.J. Super. 218 (App. Div. 2007)
At trial, the inculpatory statement of a non-testifying State witness was admitted through the testimony of a police detective, the judge having determined that both defendants had forfeited their Sixth Amendment right of confrontation when they procured the witness's silence by threatening him with bodily harm. The court reversed the convictions concluding that for the statement to have been admissible, the statement must also fall within one of the exceptions to the hearsay rule of preclusion, or be admissible by other law, N.J.R.E. 802. The New Jersey Rules of Evidence, contrary to the Federal Rules do not contain a forfeiture-by-wrongdoing hearsay exception permitting admission of the statement. N.J.R.E. 804(b). Although courts in a number of jurisdictions without a codified hearsay exception have adopted the forfeiture-by-wrongdoing doctrine through judicial decision, the court declined to do so determining that such change in the Rules of Evidence should be accomplished by the Supreme Court in accordance with the procedure prescribed in N.J.S.A. 2A:84A-38 and -39, rather than by judicial opinion.
3. Judge cannot issue warrant if they know the defendant. State v. McCann 391 N.J. Super. 542 (App. Div. 2007)
A municipal court judge who issued a search warrant for defendant's residence had a prior attorney-client relationship with defendant and with other members of his family over a period of many years. The Law Division granted defendant's motion to suppress, finding that the judge was not the constitutionally required "neutral and detached magistrate." The court agreed that the judge should not have issued the warrant, concluding that the appearance of impropriety was objectively reasonable and required the judge's recusal. The judge knew or should have known that the person identified in the warrant application was his former client. However, the court accorded its holding prospective effect only, concluding that suppression was not warranted in this case where defendant made no assertion of possible bias on the part of the judge and the court's decision established a new rule of law, as follows: In the future, if a defendant makes a particularized and credible assertion of facts which objectively suggest an appearance of partiality on the part of the judge issuing a search warrant, based on a prior relationship or otherwise, a "bright-line" rule invalidating the search warrant will be applicable.
4. No judicial notice of prior domestic violence dismissal in criminal assault case. State v. Silva __ N.J. Super. __ A-2332-06T5 6/29/07
On interlocutory review, the court reversed a trial judge's judicial notice, in a criminal trial, of another judge's factual finding in a related domestic violence proceeding.
5. Bishop George Ahr/St. Thomas Aquinas 1st Annual Cross Country Classic for alumni and family
Date: Sunday, September 16, 2007
Location: Bishop Ahr High School
Course: 3.1 mile BGA cross country course held on Bishop Ahr property
Time: 11:00 am to 2:00 pm
- Registration begins at 11:00 am
- Opening Prayer will begin at 11:30 am
Awards: Top 3 places in each group
Races scheduled:
- BGA Alumni Men and Women: Age groups -
Junior alumni division: 18 to 29, Senior alumni division: 30 and up
- Two Mile Walk Race on the track for Adults Only
- Parochial Grade 5 thru 8-boys & girls
- Lollipop race for ages 5 and under for alumni family and friends
Cost: $10.00 pre-registration/includes t-shirt and entry for 1 race. Alumni children free for each alumnus who registers to run by September 1st, 2007
$ 15.00 post-registration - on the day of race
Mail entries to: Ms. Yancy Munoz, Assistant Athletic Director
Bishop Ahr High School
One Tingley Lane, Edison, NJ 08820
For any inquiries contact: ymunoz@bgahs.org, to download entry form,
http://www.bgahs.com/apps/news/show_news.jsp?REC_ID=37793&id=0&rn=1592161
Concession stand will be open!
Thank you for reading our newsletter! God Bless America USA #1
Our new law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.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 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
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