2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, March 04, 2009

NJ Laws Email Newsletter E297

Kenneth Vercammen, Attorney at Law
www.njlaws.Com LINKS--Main Website with 500 + articles and 1,000 + links
Phone: (732) 572-0500

NJ Laws Email Newsletter E297

March 3, 2009

In This Issue:

1. Brendan Vercammen Wins Region 5 Wrestling Championship and Advances to All State Tournament.
2. Non Profit Social Club Not Liable for DWI Injury After Self-service Party.
3. No Plea Bargain of DWI on Appeal.
4. School Principal May Search Car on School Grounds if Reasonably Suspect Criminal Activity.
5. Internal Affairs Investigation Can Be Released.
Greetings Kenneth Vercammen,

1. Brendan Vercammen Wins Region 5 Wrestling Championship and Advances to All State Tournament in Atlantic City!

He set a record with 16 pins this season, most in the first period. He was a finalist at the Greater Middlesex County Tournament.

Home News Articles:



Star Ledger Articles:



Recent Cases:

2. Non Profit Social Club Not Liable for DWI Injury After Self-service Party. Mazzacano v. Happy Hour Social and Athletic Club of Maple Shade, Inc. (A-102-07) 1-22-09

New Jersey's unsafe driving statute, N.J.S.A. 39:4-97.2, provides that the Motor Vehicle Commission shall assess the driver points for a third or subsequent offense. The statute also affords relief from the assessment of points when an offense is committed more than five years after a prior offense. In this appeal, the court has construed that language to apply only to offenses that occur after the third offense.

3. No Plea Bargain of DWI on Appeal. State v. Rastogi ___ NJ Super. ___(Law Div. Decided October 27, 2008) No. 14-3-2023

The Law Division may not accept a plea bargain to resolve a de novo appeal on the record of a municipal court conviction of driving under the influence.

4. School Principal May Search Car on School Grounds if Reasonably Suspect Criminal Activity. State v. Best 403 NJ. Super. 428 (App. Div. 2008)
A school principal may search a student's car parked on school grounds whenever, under the totality of the circumstances, the principal reasonably suspects that evidence of criminal activity will be found in the vehicle. In light of the strong State interest in maintaining order, safety and discipline in the school environment, neither probable cause nor a warrant is required.

5. Internal Affairs Investigation Can Be Released. Spinks v. Clinton 402 NJ Super. 454 (App. Div. 2008)

Three former Township of Clinton police officers appealed from two orders granting summary judgment to defendants, The Township of Clinton and Stephen Clancy, the Police Chief of Clinton. Plaintiffs had pled guilty to falsifying documents concerning their police activities, were admitted into a pre-trial intervention program, resigned their positions as police officers, and stipulated they would not work again in law enforcement in New Jersey.

Following this, they sued defendants, alleging retaliation in violation of plaintiffs' civil rights pursuant to 42 U.S.C.A. § 1983, and unlawful termination based upon age in violation of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12. After reviewing plaintiffs' contention affirmed the orders.

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