In this issue:
1. Alcotest breath machine use stopped in certain counties
2. Refusal to provide name to officer not criminal obstructing
3. Car can be searched in prison parking lot.
4. Juvenile Touching of another's buttocks during inappropriate horseplay not a violation of criminal sexual contact
5. Conviction for possession controlled dangerous substances in park zone permissible despite defendant's being outside of the 500 foot limit
6. If You Are Hurt In An Accident, We Can Help
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1. Alcotest breath machine use stopped in certain counties
The Supreme Court on March 15 ordered the State to halt any further expansion of the Alcotest roll out in the state pending their decision. The hearing is now scheduled for 9/18/06 thru 10/20/06 and then there must be an opinion from the special master and then briefs to the Supreme Court before any decision. Many counties will use the old breathalyzer machine. The Attorney General had planned to implement the new Alcotest 7110 MkIIIc as the case proceeding, but the court said "no further expansion of the Alcotest should be undertaken without obtaining prior authorization from the Supreme Court...(and) it is not likely that such a request... will be ...granted."
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2. Refusal to provide name to officer not criminal obstructing. State v. Camillo ___ NJ Super. ___ (App. Div. 2005.) A-2189-04T3 Decided December 27, 2005
Defendant's refusal to provide his name, date of birth, and Social Security number to a state trooper who required the information to complete an incident report was not a violation of the obstruction statute, N.J.S.A. 2C:29-1a, which requires, among other things, that the obstruction or interference with the administration of law be "any means of flight, intimidation, force, violence, or physical interference or obstacle," none of which were present here.
3. Car can be searched in prison parking lot. State v. Daniels ___ NJ Super ___ (App. Div. 2005.) A-7023-03T4 Decided December 16, 2005
The trial court properly denied the defendant's motion to suppress the heroin seized from the interior of her vehicle pursuant to a Department of Corrections policy for searching prison visitors.
4. Juvenile Touching of another's buttocks during inappropriate horseplay not a violation of criminal sexual contact. In Re D.W. ___ NJ Super. ___ (2005.) A-1980-04T4 Decided October 8, 2005
While the evidence supported the trial judge's finding that the juvenile had touched the victim's buttocks, and caused her embarrassment, the court determined that the evidence was insufficient to warrant a finding that the juvenile's purpose was to degrade or humiliate her in violation of N.J.S.A. 2C:14-3(b). Common sense required a rejection of the state's claim that the juvenile engaged in criminal sexual contact because the juvenile's conduct only amounted to inappropriate horseplay between classmates.
5. Conviction for possession controlled dangerous substances in park zone permissible despite defendant's being outside of the 500 foot limit. State v. Lewis 182 NJ 428 (2005.)
A defendant who constructively possesses a controlled dangerous substance may be convicted under N.J.S.A. 2C:35-7.1 for possessing with intent to distribute a CDS within 500 feet of a public park, even though the CDS are beyond the 500-foot limit; here, the evidence that the nearby stash contained both marijuana and cocaine supported the reasonable inference that, depending on the drug requested by the buyer, defendant intended to distribute both drugs within the park zone. Source: 182 N.J.L.J. 1113
6. 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.
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Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com
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