2053 Woodbridge Avenue - Edison, NJ 08817

Friday, July 06, 2007

NJ Laws Newsletter E226 October 23, 2006

In this issue:
1 Prenuptial Agreements continue to rise
2 Chemist Testimony Required in DWI Blood Case. Lab Cert is Hearsay.
3 Final Restraining Order Without Complaint Filed Violates Due Process
4 Personal Injury- Medical Expert must render opinion that bulging disc constituted permanent injury
5 Upcoming charity races
6 New Law- Criminalizes organized retail theft and establishes crime of leader of organized retail theft enterprise.

1 Prenuptial Agreements continue to rise

Baby-boomers are most likely to use pre-nuptial agreements, and the numbers are steadily increasing. More than 80 percent of lawyers questioned by the American Academy of Matrimonial Lawyers (AAML) say the number of pre-nups they handle is up, with 65 percent saying 40- to 60-year-olds are most likely to ask for the contracts. Clients increasingly seek such unusual provisions as arrangements for family pets, adultery penalties, intimacy requirements and limitations on weight gain. source: NJ daily briefing 10-11-06
Today, many persons may be planning into entering into second or third marriages. They question whether the marriage will work out and if it doesn't will they lose ownership of their property if they get divorced. Most people want to leave substantial portions of their assets to their natural children. Yet, it is not uncommon for individuals to get married several times. If you wish to protect your assets from loss in divorce and permit your children to inherit your entire estate, consider entering into a prenuptial agreement prior to a marriage.

Additionally, you should make advance plans regarding ownership and transfer your assets in the even of death or disability. In addition to having a formal Last Will and Testament individuals are encouraged to plan ahead prior to a second or third marriage. People who are about to marry can fix, limit and determine, by agreement, the interest, rights and claims that will accrue to each of them in their property. To this end, the prenuptial statute requires that each party have the benefit of legal representation.

By signing a Prenuptial Agreement ("Agreement") each party is willing to accept the provisions of this agreement in lieu of any rights which she or he may have in the property and assets of the other. All property owned, whether real or personal, must be fully disclosed and revealed to each of the parties prior to the execution of the agreement. It must be signed in ample time prior to a forthcoming marriage.

2 Chemist Testimony Required in DWI Blood Case. Lab Cert is Hearsay. State v. Berezansky 386 NJ Super. 84 (App. Div. 2006)

A conviction for driving while intoxicated was reversed and remanded for a new trial because the defendant’s right of confrontation was violated by admitting into evidence a lab certificate that attested to
his blood alcohol content without giving him the opportunity to cross- examine the chemist who analyzed his blood sample and prepared the certificate. Crawford v. Washington requires state to introduce live testimony by defendant in blood cases.
Source: Facts-on-Call Order No. 93048

3 Final Restraining Order Without Complaint Filed Violates Due Process. Franklin v Sloskey 385 NJ Super. 534 (App. Div. 2006)

The trial court violated the litigant’s rights to due process and a fair trial when it entered a final domestic violence restraining order against him (1) where he was unrepresented when he appeared at a hearing to prosecute his domestic violence complaint, (2) where no domestic violence complaint had been filed against him, and (3) where the FRO was entered based solely on his consent. The litigant did not admit that any act of domestic violence had occurred or provide a factual basis to support a finding that such an act had occurred, and the trial court did not make a finding that he had committed an act of domestic violence.
Source: Facts-on-Call Order No. 93029

4 Personal Injury- Medical Expert must render opinion that bulging disc constituted permanent injury

VASPOL v. HEIDT Appellate Division, A-274-05T5, September 27, 2006, not approved for publication. (6 pages). Facts-on-Call Order No. 20248 .

Summary judgment in favor of the defendant based on the N.J.S.A. 39:6A-8a verbal threshold under AICRA affirmed; the plaintiff supplied both credible objective evidence that she had bulging discs and the opinions of medical experts that her bulging discs were caused by the parties’ accident; however, the plaintiff did not supply the opinion of a medical expert that her bulging discs constituted permanent injuries within the meaning of §39:6A-8a.

5 Upcoming charity races:
10/22 Sunday East Brunswick 1pm RVRR well run event Road closed to traffic 848-391-0200. ebrrinc@gmail.comm www.ebrr.org

October 29 Sunday RUN with the VIKINGS 5K 10:00 AM
South Brunswick High School, South Brunswick, NJ Bob Tona's good event
Benefiting the South Brunswick High School Vikings Athletic Club & the Athletes Race Director Bob Tona 732 940 3111
-Food, refreshments, and music

Nov. 12 Hashathon challenging, dangerous trails, Free beer, best post race party with band, 732-542-6090

Nov. 24 Friday Born to Run Freehold 5 miler Free beer at Court Jester tavern
11/ 26 Navesink Challenge 15k, 9am, 5k, 9:10 Middletown, NJ  732-542-6090 Quality JSRC event with Race director Dave Z.   
Dec 3 Reindeer Romp, 5k Pt. Pleasant -plenty of post race food, discount drinks

12/10 Toys for Tots- Freehold FARC event

12/10  USATF-NJ 10 MILE CHAMPIONSHIP, 11am Mercer County Park, West Windsor, 973-334-890 USATF members only

12/30 43rd Annual Polar Bear Race 5mi Run, 1pm, 10mi Racewalk, 10am Asbury Park, NJ 732-222-9080 Free Polar Plunge swim in Atlantic Ocean after race.
Jan. 7, 2007 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.

For more events visit, www.metrorace.com or www.njlaws.com

6 New Law- Criminalizes organized retail theft and establishes crime of leader of organized retail theft enterprise.
P.L. 2006, c.56.  

According to the sponsor’s statement, organized retail theft is a growing problem for retailers in this State and throughout the United States. It is committed by professional theft rings which move across communities and states to pilfer merchandise from supermarkets, chain drug stores, independent pharmacies, mass merchandisers and convenience stores, then resell that merchandise over the Internet, at flea markets and to the stores from which it was stolen.  Popular items include infant formula, skin care products, heartburn medications and shaving products.  According to the Federal Bureau of Investigation, organized retail theft losses have amounted to as much as $30 billion. This law is intended to provide an additional tool to retailers to fight back against these shoplifting gangs.

New- Our law blog-
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
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