2053 Woodbridge Avenue - Edison, NJ 08817

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

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