In this issue:
1. New Jersey Transfer Inheritance Tax
2. Car Ignition Interlock devices to prevent DWI
3. refusal to submit to chemical test for DWI arrest must be proven beyond a reasonable doubt
4. Reduced DWI penalty of license suspension from six months to three months does not apply retroactively
5. New articles this month on website www.njlaws.com:
-Family Court Rules
-Child support in New Jersey
-Motions in Child Support, Divorce and Family Actions in NewJersey
-Divorce, alimony and child support in New Jersey
6. Coins prior to 1969 wanted
7. Upcoming events: HANDLING DRUG, & SERIOUS TRAFFIC VIOLATIONS IN MUNICIPAL COURT- November 28 5:00-9:00 PM NJ Law Center
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1. New Jersey Transfer Inheritance Tax
New Jersey has had a Transfer Inheritance Tax since 1892 when a 5% tax was imposed on property transferred from a decedent to a beneficiary. Currently, the law imposes a graduated Transfer Inheritance Tax ranging from 11% to 16% on the transfer of real and personal property with a value of $500.00 or more to certain beneficiaries.
The Transfer Inheritance Tax recognizes five beneficiary classes, as follows:
Class “A” - Father, mother, grandparents, spouse, child or children of the decedent, adopted child or children of the decedent, issue of any child or legally adopted child of the decedent and step-child of the decedent. No inheritance tax due, but Estate tax if estate over $675,000.
Class “B” - Eliminated by statute
Class ”C” - Brother or sister of the decedent, including half brother and half sister, wife or widow of a son of the decedent, or husband or widower of a daughter of the decedent.
Class “D” - Every other transferee, distributee or beneficiary who is not included in Classes “A”, “C” or “E”.
Class “E” - The State of New Jersey or any political subdivision thereof, or any educational institution, church, hospital, orphan asylum, public library or Bible and tract society or to, for the use of or in trust for religious, charitable, benevolent, scientific, literary or educational purposes
More information on New Jersey Transfer Inheritance Tax at our new article at http://www.njlaws.com/inheritance_tax.htm
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2. Car Ignition Interlock devices to prevent DWI
"An Ignition Interlock device is an electronic alcohol analyzer which connects with the ignition and other control systems of a motor vehicle. It measures the BAC of the intended driver and prevents the vehicle from being started if the BAC exceeds a preset limit. It is generally comprised of a detachable Sample Head and a Control Module which is hard wired to the vehicle in a tamper resistant fashion." http://www.acs-corp.com/interloc.htm
On a first conviction of DWI, the Judge can require you install an Ignition Interlock device on your car. On second and third offense, an Ignition Interlock device is mandatory on cars you own. The Ignition Interlock device requires fees for installation, plus monthly charges.
A conviction will require you to pay expensive surcharges to the N.J. MVC [Division of Motor Vehicles] and have your license suspended. In New Jersey, the Judge does not have to rule that you were drunk. The prosecutor only needs to prove a driver was under the influence of alcohol.
More information at: http://www.njlaws.com/ignition.htm
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3. refusal to submit to chemical test for DWI arrest must be proven beyond a reasonable doubt State v. Cummings ___ NJ ___, (A-65-04) (2005).
Because a Breathalyzer refusal case is properly a quasi-criminal matter, the constitutionally required burden of proof is the one applicable to criminal cases: proof beyond a reasonable doubt. This ruling shall have "pipeline retroactivity" effect. The case is remanded to the municipal court, where Cummings is to be afforded the opportunity either to withdraw his plea and proceed to trial under the proof beyond a reasonable doubt standard or to accept his earlier conviction and sentence.
4. Reduced DWI penalty of license suspension from six months to three months does not apply retroactively. State v. Slavin ___ NJ Super. ___ (App. Div. 2005). [unreported]
Conviction of driving while intoxicated and sentence of a six-month revocation of driving privileges affirmed; at the time of the defendant’s arrest, N.J.S.A. 39:4-50(a)(1) provided that the penalty for a first offense was the loss of driving privileges “for a period of not less than six months”; by the time of the defendant’s trial, §39:4-50(a)(1) had been amended to provide that the penalty for some first offenses is a three-month loss of driving privileges; the defendant was correctly sentenced according to the penalty provisions that were in effect at the time of his offense because nothing in the amended statute makes it apply retroactively to offenses that were committed before its effective date and because there was not “the slightest suggestion in the legislative history” that the legislative intent was to apply the more lenient sentence to offenses that were committed while the former statute was in effect. [unreported] Source: NJ Facts-on-Call Order No. 17984
5. New articles this month on website www.njlaws.com:
Family Court Rules
http://www.njlaws.com/family_court_rules.htm
Child support in New Jersey
http://www.njlaws.com/child_support.htm
Motions in Child Support, Divorce and Family Actions in New Jersey
www.njlaws.com/motions-in-child-support.htm
Divorce, alimony and child support in New Jersey
www.njlaws.com/divorce.htm
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6. Coins prior to 1969 wanted
Ken's middle school son Brendan is collecting silver coins prior to 1969, and pennies prior to 1958. Christmas present for Brendan
call Ken 732-572-0500
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7. Upcoming events:
HANDLING DRUG, & SERIOUS TRAFFIC VIOLATIONS IN MUNICIPAL COURT-
Monday, November 28 5:00-9:00 PM NJ Law Center
5:05-5:50 KENNETH A. VERCAMMEN, ESQ. [Power point]
• Criminal case law developments during the past year
• Forms motions and demand letters
• The Rules of Professional Conduct-retainer agreements and professionalism
• Mandatory Lab Reports in Drug cases
• Pending Legislation
5:50-6:35 NORMA MURGADO, ESQ.
Chief Prosecutor, Elizabeth
Assistant Prosecutor, Woodbridge
Murgado & Carroll (Elizabeth)
• What not to expect the Prosecutor to do in DWI and no insurance
• Recent directives from Attorney General, County Prosecutor and Legislature
• Revised rule on plea agreements in drug cases
• Plea Bargaining
• Double Jeopardy issues
6:35-7:20 HON. MARK APOSTOLOU
Municipal Court Judge (Manasquan, Asbury Park, Eatontown, and 5 other towns.
• Expert Arguments that may hold water
• Don't waste your time with these arguments
• Important Court Rules not to ignore
• Common Errors by defense attorneys and Prosecutors
• How to impress the Court and not annoy the Court staff!
7:20-7:25 5 minute break [attendees can write down their questions]
7:30- 8:10 WILLIAM G. BRIGIANI, ESQ.
• Driving while suspended and reading Motor Vehicle abstracts
• Defenses to no-insurance cases
• Assault
• Merger and sentencing arguments
8:10-9 JOHN MENZEL, ESQ.
• Update on decisions on Alcotest 7110 breath test machine - State v. Foley
• New DWI statute
• Increased refusal penalties
• Drug recognition expert cross-examination
• Alternatives to jail in 3rd offense- Is parole an option?
9pm Official end of program. Informal "ask the Experts"
and team photo, followed by snacks at Houlihans restaurant, compliments of Ken V. John Menzel will continue to speak on DWI matters and the 7110 machine at Houlihans, which is behind the Law Center.
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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
"Celebrating 20 years of providing excellent service to clients 1985-2005"
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