NJ Laws Email Newsletter E309
Kenneth Vercammen, Attorney at Law
July 1, 2009
In This Issue
Recent Important Cases...
1. Idling While Drunk is not DWI.
2. Harassment Required Proof of Intent to Alarm or Annoy.
3. Upcoming Events:
Belmar Five Mile Run - New Team Competition. Need Team Members.
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Recent Important Cases...
1. Idling While Drunk is not DWI. State v. Putz (App. Div.) decided May 26, 2009 Docket 05-2-3929 Unpublished
Defendant appeals his conviction of driving under the influence of alcohol. The arresting officer observed and approached defendant's truck, in which he was sleeping, that was parked with the engine running in a turnaround on private property. Because the record does not support a finding beyond a reasonable doubt that defendant intended to operate his vehicle at the time of his arrest, the appellate panel reversed.
Source: N.J.L.J. Daily Briefing - 05/27/2009
2. Harassment Required Proof of Intent to Alarm or Annoy. State v. DeGiulio (App. Div.) decided May 20, 2009 14-2-3889 Unpublished
Where defendant was charged only with violating N.J.S.A. 2C:33-4(c), the judge erred in sua sponte amending the complaint to include violations under 4(a) and 4(b) and defendant's convictions for harassment under the latter two provisions are reversed. His conviction under 4(c) must be reversed as the State failed to prove a course of alarming conduct or of repeatedly committed acts done with the purpose to alarm or seriously annoy his ex-wife. His conviction for contempt under N.J.S.A. 2C:29-9(b) for knowingly violating the terms of the FRO previously entered against him is also reversed since there was no evidence of a harassing communication with his ex-wife nor did he commit an act of domestic violence against her when a near collision occurred when they both pulled their cars out of their parking spaces at the same time during a parenting exchange.
Source: NJ Law Journal 196 NJLJ 553 May 25
3. Upcoming Events: Belmar Five Mile Run - New Team Competition. Need Team Members
Saturday, July 11, 2009 at 8:30 am
Kenneth Vercammen is putting together 3 teams of both competitive and non-competitive runners. If you can finish 5 miles in less than 1 hour, you can be on our team of fun.
Our winning teams in 2008 won free beer tickets. individual Application online at:
http://www.belmar5.com/belmar.pdf or go to:
The name of Ken's teams are US Olympic Development 1, Olympic Development 2, and US Olympic Development 3 [just trying to finish] . We will have runners from several running clubs, including RVRR. JSRC, CJRR & Sandy Hooker Tri Club.
You do not need to be a member of USATF or any club to be on a team. We would like 30 people of different abilities.
Post Race Activities
Enjoy a complimentary massage and stop by the sponsor and merchant tables in Silver Lake Park, for sampling and giveaways.
Team awards, music and Beach party, after the race at Bar Anticipation.
Bring your Belmar Five Mug - mug discounts all day after the Race!
Bar Anticipation - 703 16th Avenue, Lake Como (formerly South Belmar)
If you have or will enter, email Ken V at KenV@njlaws.com
Call Kenneth Vercammen at 732-572-0500
More details on Belmar 5 at: http://www.belmar5.com/
Reminder: Friends of Kenneth Vercammen and Jim Capraro are invited to their 50th Birthday Party
Saturday July 18 5pm- 11pm
Join us for an exciting evening. Swimming Pool, Food, 8 person Hot tub plus Tiki Bar. DJ Blender drinks
Country Western BBQ Benefit for Zachary Nemeth
LET'S "GET ON TRACK WITH ZACH"
Sunday, July 19, 2009
Zachary Nemeth is a two year old little boy who was born with multiple disabilities and is developmentally delayed. He suffers from muscular weakness and cannot swallow. As a result, he has a tracheotomy and a feeding tube. Zachary is under constant medical care and needs occupational, physical and swallow therapies. He has been hospitalized several times and will need more surgeries in the near future.
Zachary is continuing his developmental progress at home, in Helmetta, with around the clock care of nurses, and his mother, Barbara. However, despite the devotion of family and friends, the Nemeth family has been financially burdened with countless medical and daily living expenses. They need our help. So Please Open Up Your Hearts and Help Zach Stay on Track.
WHERE: EAST BRUNSWICK ELKS LODGE at 21B Oakmont Ave., East Brunswick (732)821-9527 (go to www.ebelks.com for directions)
WHEN: Sunday, July 19, 2009 (Rain or Shine) (outside event, please bring your lawn chairs)
TIME: 12:00PM - 7:00 PM
(Line Dance lessons 12PM - 1PM)
COST: $30 Per Person
Children 3-6 yrs old $15
2 and under Free
Price includes: BBQ food, desserts, soda, coffee/tea, live entertainment and DJ for dancing
The following bands and DJ will be performing:
"JT AND FRIENDS"
Editorial Assistance of this email newsletter was provided by Timothy O' Donnell. Mr O' Donnell is currently participating in Kenneth Vercammen's Summer Internship Program. This fall Mr. O' Donnell will be entering his second year at Seton Hall University Law School.