NJ Laws Email Newsletter E290
Kenneth Vercammen, Attorney at Law
December 23, 2008
In This Issue
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1. Happy Holidays & Merry Christmas
2. Police may have immunity for a criminal arrest made in their presence. Virginia v. Moore 128 S.Ct. 1598 (2008) No. 06-1082
3. 30 year old uncounseled DWI Conviction could not enhance jail. State v. Binkiewicz 78 NJ 397 (App. Div. Decided May 6, 2008) A5613-06T4, Unpublished.
4. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks.
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Greetings Kenneth Vercammen,
1. Happy Holidays & Merry Christmas
In the true spirit of the holiday and Christmas season, may we all be thankful and share in the hope for peace on earth and goodwill toward all.
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2. Police may have immunity for a criminal arrest made in their presence. Virginia v. Moore 128 S.Ct. 1598 (2008) No. 06-1082
In a case raising the issue of whether a police officer violates the Fourth Amendment by making an arrest based on probable cause but prohibited by state law, the Supreme Court rules that warrantless arrests for crimes committed in the presence of an arresting officer are reasonable under the Constitution, and that while states are free to regulate such arrests however they desire, state restrictions do not alter the Fourth Amendment's protections.
3. 30 year old uncounseled DWI Conviction could not enhance jail. State v. Binkiewicz 78 NJ 397 (App. Div. Decided May 6, 2008) A5613-06T4, Unpublished.
Where defendant's first conviction for a DWI occurred more than 30 years ago, his testimony and certification that he did not know that he was entitled to counsel and was not asked if he wanted an adjournment to obtain counsel is sufficient under Laurick to establish that the conviction was uncounseled. Having found that the conviction was uncounseled, and since subsequent convictions exceeded the 10-year time span under N.J.S.A. 39:4-50(a)(3), the judge correctly applied the step-down provision and sentenced defendant as a second offender with respect to incarceration but as a third offender with respect to the administrative penalties after he pleaded guilty to his third DWI conviction.
Source: 192 N.J.L.J. 412
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4. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks
No one plans on being injured in an accident, whether it is a car accident, fall down or other situation. Speak with a personal injury attorney immediately to retain all your rights. The stores are responsible for the maintenance of their premises which are used by the public. It is the duty of the store to inspect and keep said premises in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to persons lawfully thereon.
The law imposes upon the owner of commercial or business property the duty to use reasonable care to see to it that the sidewalks abutting the property are reasonably safe for members of the public who are using them. In other words, the law says that the owner of commercial property must exercise reasonable care to see to it that the condition of the abutting sidewalk is reasonably safe and does not subject pedestrians to an unreasonable risk of harm. The concept of reasonable care requires the owner of commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it.
If there was a condition of this sidewalk that was dangerous in that it created an unreasonable risk of harm for pedestrians, and if the owner knew of that condition or should have known of it but failed to take such reasonable action to correct or remedy the situation within a reasonable period of time thereafter as a reasonably prudent commercial or business owner would have done under the circumstances, then the owner is negligent.
If you are injured, after seeking medical treatment and advising the store/mall,
CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 For an Appointment
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KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
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Edison, NJ 08817
(Phone) 732-572-0500
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website: www.njlaws.com
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