In this issue:
1. Prior uncounselled DWI guilty plea may not increase jail time. State v. Hrycak
2. NJ can suspend DL for NY DWI
3. DWI stop dismissed because error by officer. State v. Puzio
4. A Unique Holiday Gift Idea! ........Gift Certificates for
Wills or Power of Attorney
5. HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:
6. Holly Jolly Christmas
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1. Prior uncounselled DWI guilty plea may not increase jail time. State v. Hrycak 184 NJ 351 (2005). The court reaffirmed the decision in Laurick that in the context of repeat DWI offenses, the enhanced administrative penalties and fines may constitutionally be imposed but that in the case of repeat DWI convictions based on uncounselled prior convictions, the actual period of incarceration imposed may not exceed that for any counseled DWI convictions. 2. NJ can suspend DL for NY DWI. State v. Pepe ___ NJ Super. ___ (App. Div. A-176-04T2, decided on August 1, 2005). Pursuant to N.J.S.A. 39:5D-4, the Interstate Driver License Compact, New Jersey, as the home state of a person convicted of driving while under the influence of alcohol in another party state, is expressly authorized to suspend the driver's license of such person. Even though double jeopardy principles apply to quasi-criminal offenses such as driving while under the influence of alcohol, the double jeopardy clause does not bar the suspension of license in the home state after the driver's reciprocal driving privileges have been suspended in the state where the offense occurred because, under the doctrine of dual sovereignty, the same conduct violates the sovereignty of both states.
3. DWI stop dismissed because error by officer. State v. Puzio 379 NJ Super. 378 (App. Div. 2005).
The court held that a police officer effectuating an automobile stop for a violation of the motor vehicle laws must have an objectively reasonable belief that the law has been violated. Such an objectively reasonable belief cannot be predicated on a erroneous understanding of the statute.
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4. A Unique Holiday Gift Idea! ........Gift Certificates for
Wills or Power of Attorney
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5. HAPPY HOLIDAYS & SEASON'S GREETINGS WORLDWIDE:
FROHE
WEIHNACHTEN
PRÓSPERO AÑO NUEVO
HAPPY NEW YEAR
FRIEDEN
GLÜCKLICHES NEUES JAHR
JOYEUX NOËL
PRETTIGE
KERSTDAGEN
GELUKKIG
NIEUWJAAR
BUON
NATALE
BONNIE ANNEE
HYVÄÄ JOULUA
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6. Holly Jolly Christmas
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
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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
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