2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, September 09, 2008

NJ Laws Email Newsletter E282 - September 9, 2008

In This Issue
1. Recent Cases: Crawford Hearsay Rule does not apply to Breathalyzer Certification.

2. Step Down Post Conviction Relief must be filed in Original Court.


4. September's Charity and Community Events.

5. A Taste of Sea Bright" Saturday, September 27th.


1. Recent Cases: Crawford Hearsay Rule does not apply to Breathalyzer Certification. State v. Sweet ___ NJ ___ (Decided 6-23-08) A-1-07.

The ampoule testing certificates and the breath testing instrument inspection certificates are hearsay statements admissible under the business records exception to the hearsay rule. Those records also are nontestimonial and thus are admissible under the Confrontation.
2. Step Down Post Conviction Relief must be filed in Original Court. State v. Schadewald 400 NJ Super. 350 (App. Div. 2008).

A defendant convicted of a second or subsequent offense of driving while intoxicated (DWI), N.J.S.A. 39:4-50, who seeks a step-down in sentence on the ground that one or more of the prior convictions were uncounseled, pursuant to State v. Laurick, 120 N.J. 1, cert. denied, 498 U.S. 967, 111 S. Ct. 429, 112 L. Ed. 2d 413 (1990), must first petition for post- conviction relief (PCR) in the municipal court in which the prior uncounseled conviction occurred. The PCR proceedings in municipal court are governed by Rule 7:10-2(f) and (g).

We recommend a Durable Power of Attorney in the event of your physical or mental disability to help you with financial affairs. Fees for Power of Attorney has been reduced from $175 to $100 if signed and completed by September 27.

Please fill out completely and fax or mail back. This form is extremely important. Your accuracy and completeness in responding will help me best represent you. All sections and information must be filled out prior to sitting down with the attorney.

Please be sure to check all appropriate boxes. If "NONE", please state "NONE".

If "NOT APPLICABLE", please state "N/A".


1. Your Full Name:

First Last
2. IF MARRIED OR SEPARATED, complete (a) and (b) below:
(a) Spouse's Full Name:

First Last

3. Your Street Address:

City _____________________________
State ____ Zip Code ______________

4. Telephone Numbers:

Cell: _________________________________

Day: __________________________________
Night: ________________________________

5. E-mail address:


6. Referred By:

If referred by a person, is this a client or an attorney? If you heard about the law office on the internet, which search engine? What search terms did you use?

7. Today's Date ____________________

We recommend a Durable Power of Attorney in the event of your physical
or mental disability to help you with financial affairs?
Yes ________ No ________

We recommend a Living Will telling hospitals and doctors not to prolong your life by artificial means, i.e. Terri Schiavo; Karen Quinlan?
Yes ________ No ________

How can we help you? What are your questions/other important information?




[It is required by Court Rules that all pages be filled out in person's own handwriting prior to seeing the attorney to avoid conflicts of interest]

8. Your Sex: [ ] Male [ ] Female

9. Your Marital Status:
[ ] Single [ ] Married [ ] Separated
[ ] Divorced [ ] Widowed

10. Your Date of Birth:
_____________________ SS # ________________
Month Day Year

11. Spouse Date of Birth:
____________________ SS # _________________
Month Day Year

2. Personal representative

The person charged with administering bills, paying taxes and/or other debts, preserving, managing, and distributing assets and property is called the Personal Representative. This person should be one with whom you have trust and confidence. Your SPOUSE is usually named primary Personal Representative, followed by the child who lives closest to your home.

Please provide the following information about the person you wish to name to serve in this capacity.

1. PRIMARY Choice of Personal Representative:

Name: _______________________________________
First Last

Relationship: ___________________
Address: ________________________

2. SECOND Choice of Personal Representative:

This individual will serve in the event that the primary executor/personal representative is not alive at the time of your death, or is unable to serve.

Name: _______________________________________
First Last

Relationship: ___________________
Address: ________________________

The two proposed of Personal Representatives must be filled out prior to meeting the attorney. We do not recommend Joint of Personal Representatives, which often causes conflicts and additional work for the Estate. It is best to select one primary person, then a secondary person.
4. September's Charity and Community Events.

Sept 11 Patriot's Day rite Metuchen Freedom Plaza 8:30

Sept 11 Edison Elks patriotism rite 8pm Never forget, always remember

Sept. 12 & 13 Edison Festival Amboy Ave

Sept. 12 Brendan's Birthday

Sept 15 Municipal Court Seminar

Sept. 16 Middlesex World's largest networking

Sept. 17 Middlesex Bar-Pines-Civil Rules; 5pm

Sept 20 Keyport 5k and Festival

Sept. 20 Edison Elks Pig Roast

Sept 21 JSRC Jersey Shore at Monmouth Racetrack

Sept. 22 NJSBA Municipal Court meeting

Sept 24 Middlesex Bar Association Legislator's breakfast

Sept 27 Sea Bright Restaurant Trolley Tour more details below

Oct. 4 Metuchen Fair

Oct. 6 1:30 Biz Mania

Oct. 11 Thin Mike Sydor & Lance Tkacs Almost 60 Party

October 18 Annual Far Hills Steeple Chase Race "The Hunt" Saturday Post Time 1:00 p. m.
Moorland Farms, Far Hills, New Jersey $80.00 per person

Oct. 21 Wills - East brunswick 7pm -8:30pm Tuesday
5. A Taste of Sea Bright" Saturday, September 27th.

Ride the trolley and hop to 27 different stops for samplings of food, drinks, cocktails, door prize drawings, and incredible free giveaways!

Noon - 6 p.m.

Buy Your Admission Bracelet

now FOR ONLY $20.00
(Admission bracelets will cost $30 on the day of the event.
Details at

Purchase admission bracelets
At below listed Sea Bright businesses
Andy K's
Smoker's Haven
Better Homes
Sea Bright
Brahma Yoga
Driftwood Cabana Club
The Liquor Store at Sea Bright
The Mad Hatter
Ocean Avenue Grill
The Palm
The Quay
Riverside Cafe Pool Bar (@ The Fairbanks)
Ross's Dockside Steak & Seafood
Salon Mari
Sea Bright Pizza
The Shack
Something Fishy
Tracy Lynn
Spa and Salon
Trattoria "G"
Squash Club

When you purchase your admission bracelet, you will also receive a map/passport. The admission bracelet and map/passport will entitle you to samplings of food, drinks, cocktails, door prize drawings, and incredible free giveaways at 27 different stops on the map -- and unlimited rides on the trolley during the event.

Each stop on the map is unique and will offer something different. It is at the discretion of each establishment as to what they will provide event-goers. The food served by the participating restaurants is limited to a "sampling". Any restaurant offering an alcoholic beverage has a limit of one complimentary serving per person, and you must be 21 years of age. You may be asked for identification to prove you are of legal drinking age at each stop...so don't forget to bring your I.D.
What is the Probate Surrogate?

In New Jersey the County Surrogate handles the probate of an original Will. Some people refer to the Surrogate as the "Will Clerk." However, the Surrogate can only admit to probate the original Will. The Surrogate cannot admit a photocopy.

To admit a photocopy, a complaint must be filed in the Superior Court and a hearing held before a Judge.

Thank you for reading our newsletter! God Bless America USA #1

We have decided to try to double our subscriber list in 2008. Our hope is that every one of our current subscribers will sign up at least one friend as a new subscriber to the NJ Laws Newsletter. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com or click here.


Our Law blogs:

NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/

NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/

NJ Elder Law Blog -http://elder-law.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 22 years of providing excellent service to clients 1985-2008" Former Prosecutor.

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Editor's Note and Disclaimer:

All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.



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