2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, June 17, 2009

NJ Laws Email Newsletter E306

NJ Laws Email Newsletter E306
Kenneth Vercammen, Attorney at Law

June 11, 2009

In This Issue
Recent Important Cases...
1. Improper Cross-examination by Municipal Prosecutor and Judge can Require Retrial
before Different Judge.
2. Alcotest Operator Must Observe Defendant for 20 Minutes.
3. Telephonic Search Warrants Approved.
4. Next Races and Community Events
5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.
6. If You Are In A Slip & Fall Accident, We Can Help.

Main Website with 500 [http://rs6.net/tn.jsp?t=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://rs6.net/tn.jsp?t=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://rs6.net/tn.jsp?t=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]

(732) 572-0500

Greetings Kenneth Vercammen,

Recent Important Cases...
1. Improper Cross-examination by Municipal Prosecutor and Judge can Require Retrial before Different Judge. State v. Wang (App. Div.) 14-2-2508 Unpublished.

Because the cross-examination of defendant regarding her Nevada driver's license and the lack of proper record keeping at the Therapy Center was improper because the evidence lacked any relevancy to the prostitution charge, and because its use
to attack defendant's credibility ran afoul of N.J.R.E. 607, 608, and 404, and the evidence was relied upon by the municipal and Law Division judges in assessing credibility, defendant's conviction for prostitution is reversed and the matter is remanded for
retrial before a different municipal court judge.
Unpublished Source: Daily Briefing - 01/21/2009

2. Alcotest Operator Must Observe Defendant for 20 Minutes. State v Nucifora (Law Div. Camden) Unpublished.

This important unpublished case held that the Supreme Court in Chun meant exactly what it said when it directed that "the operator must observe the test subject for required 20 minute{s}", that this was not dicta, and that it does not allow for
observation by other officers. The appeal was raised in the context of a Chun stayed case and stands for the proposition that if a good faith 20 min issue was raised at the time of a Chun stayed plea, the issue is sufficient to reopen the matter.
Source: Jeff Gold, NJSBA 2008 Municipal Court Attorney of the Year.

3. Telephonic Search Warrants Approved. State v. Juan Pena-Flores 198 NJ 6 (2009)

The Supreme Court affirms its longstanding precedent that permits an automobile search without a warrant only in cases in which the police have both probable cause to believe that the vehicle contains evidence and exigent circumstances that would
justify dispensing with the warrant requirement. Whether exigent circumstances exist is to be decided on a case-by-case basis with the focus on police safety and the preservation of evidence. The Court also determines that a warrant obtained
by telephonic or electronic means is the equivalent of an in-person warrant and does not require proof of exigent circumstances. Also State v. Charles Fuller (A-15-07)

4. Next Races and Community Events

Monday, June 15, 2009
Charlie Browns, Millburn, 973-376-6094,
Free beer, big post race party. Ken Vercammen needs a ride from Edison/East Brunswick area to President's Cup. If you are in the area, email Ken V at Kenv@njlaws.com or call Ken at: 732-572-0500.

Friday, June 19, 2009
June Moon 5k 7:15pm Somerset NJ Quality CJRR event. Post race food Saturday, June 20, 2009

Long Branch Sprint Triathlon Series-1 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch NJ 732-614-6028 Sunday, June 21, 2009 Pt. Pleasant Boro 5k 8:30

Saturday, June 27, 2009
1. Rumson 10 mile, 10 bar Long Branch to Belmar. This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Cheap beer. Finish at Bar A, and play volleyball.
2. Frog Hollow 5k South Amboy- Free food, use swim club for entire day. Sunday, June 28, 2009

Pine Beach 5K 9am Vista Park, [near Toms River] Sunday Very well run shore area event. USTAF masters championship when you register, write down under the team category-"RVRR Ken V." 732-349-6425.

5. More New Legal Podcasts & Video on the Kenneth Vercammen YouTube Channel.

Defense to Refusal to take Breath Test http://www.youtube.com/watch?v=vWVjiSlneJs&feature=channel_page

Will contests and Contested Probate
http://www.youtube.com/watch?v=N9BYaCrumnY&feature=channel_page [http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DN9BYaCrumnY%26feature%3Dchannel_page&id=preview]

Undue Influence to Contest a Will, Gift or Power of Attorney
http://www.youtube.com/watch?v=sxlRb-b1Lyo&feature=channel_page [http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DsxlRb-b1Lyo%26feature%3Dchannel_page&id=preview]

Signing of Last Will & Testament and Post Signing Activity
http://www.youtube.com/watch?v=1G6O6CtJCVY&feature=channel_page [http://rs6.net/tn.jspt=fvfej7cab.0.0.be4bcacab.0&ts=S0397&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3D1G6O6CtJCVY%26feature%3Dchannel_page&id=preview]

Major Municipal Court and Criminal Cases Parts 1-7

6. If You Are In A Slip & Fall Accident, We Can Help.

Next to car accidents, the most common type of accident is a slip and fall. If you are hurt in a slip and fall accident, you have rights, including the right to compensation for your injuries. You may have this right even if you are partly at fault for the

If you are injured in a slip and fall accident, please call us. We have helped many victims of slip and fall accidents recover the maximum compensation for their injuries and losses, and we can help you. Call promptly, as the time right after the accident
can be vital to your claim.

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

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Editor's Note and Disclaimer:

All materials Copyright 2009. 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 [http://rs6.net/tn.jsp?t=9qkutlcab.0.0.be4bcacab.0&ts=S0332&p=http%3A%2F%2Fnjlaws.com%2F&id=preview&id=preview]

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Kenneth Vercammen Law Office | 2053 Woodbridge Avenue | Edison | NJ | 08817