October 7, 2009
In This Issue:
Recent Important Cases:
1. Condo Parking Garage is Quasi-public for Refusal Violation.
2. New Law Grants Immunity to Certain Underage Persons if they Call for Medical Assistance
for Another Underage Person who has Consumed Alcoholic Beverages.
3. Community Events
4. Estate Planning Ideas for Professionals and People who advise Seniors--Free Seminar-- 2009 update Wills and Estate Planning
5. Wills, Probate and Elder Law-- Adult and Community Education
6. Handling Drug, DWI & Serious Motor Vehicle Cases Seminar Featuring a Discussion on the Newly Released Court Rules
7. Next Non-Profit Races
8. Recent NJ Laws Tube on YouTube
RECENT IMPORTANT CASES:
1. Condo Parking Garage is Quasi-public for Refusal Violation. State v. Bertrand ___ NJ Super. ___ (App. Div. 2009) A-2378-07T4 Defendant's conviction for refusing to provide breath samples, N.J.S.A. 39:4-50.2, is affirmed. The parking garage of a high-rise condominium that held 354 cars, and the use of which was restricted to residents of that building, constituted a "quasi-public area" for purposes of the statute.
2. New Law Grants Immunity to Certain Underage Persons if they Call for Medical Assistance for Another Underage Person who has Consumed Alcoholic Beverages. Governor Jon S. Corzine signed ACS for A-3160/S-2748 which grants immunity to certain underage persons for unlawful possession or consumption of alcoholic beverages. This is an amendment to NJSA 2C:33-15 that will provide statutory immunity to certain individuals who consume alcoholic beverages while under the legal age to do so. This law establishes "9-1-1: Lifeline Legislation," to grant immunity to underage drinkers who unlawfully consume or possess alcoholic beverages, whether on public or private property, if they call for medical assistance for another underage person who has consumed alcoholic beverages. The law also provides immunity to an underage person who receives such medical assistance. NJSA 2C:33-15 generally prohibits either the consumption or possession of an alcoholic beverage by a person under the age of 21. Under current law, a person under the legal age to purchase alcoholic beverages who knowingly possesses or consumes any alcoholic beverage on public property is guilty of a disorderly persons offense. Disorderly persons offenses are punishable by a term of imprisonment of up to six months, a fine of up to $1,000, or both. If the offense is committed in a motor vehicle, the offender's driver's license is also suspended for six months. Current law also authorizes municipalities to enact ordinances to make it an offense for underage persons to possess or consume alcoholic beverages on private property. A violation of such a municipal ordinance is punishable by a fine of $250 for a first offense and a fine of $350 for subsequent offenses. The court also may suspend the offender's driver's license for six months. Under the new law, an underage person and one or two other persons are immune from prosecution under these underage drinking laws if: (1) one of the underage persons called 9-1-1 and reported that another underage person was in need of medical assistance due to alcohol consumption; (2) the underage person who called 9-1-1 and, if applicable, one or two other persons acting in concert with the underage person who called 9-1-1 provided each of their names to the 9-1-1 operator; (3) the underage person was the first person to make the 9-1-1 report; and (4) the underage person and, if applicable, one or two other persons acting in concert with the underage person who made the 9-1-1 call remained on the scene with the person under the legal age in need of medical assistance until assistance arrived and cooperated with medical assistance and law enforcement personnel on the scene. The law also provides immunity for the underage person who receives medical assistance. (Sponsors Angelini,Johnson, Bramnick,Evans/S. Kean,Girgenti)
3. Community Events: Metuchen Fair rescheduled to: October 10, 2009 10am-4pm
4. Estate Planning Ideas for Professionals and People who advise Seniors--Free Seminar-- 2009 update Wills and Estate Planning WHEN: Wednesday, October 14, 2009 TIME: 12:15-1:00 PM WHERE: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, 2nd floor, Edison, NJ Invited: CPA's, Financial Planners, Insurance Producers, Nursing Home Administrators, Hospital and Nursing Home Social Workers, Medicaid Workers, Office on Aging Personnel, Senior Club Presidents, and Accountants The cost for this program previously at Middlesex County College was $29.00. If you email back prior to October 10 you can attend for free. COST: Free if you pre-register. This program is limited to 15 people Complimentary Sandwiches to pre-registered persons at 12:10 SPEAKER: Kenneth Vercammen, Esq. (Author- Answers to Questions About Probate)
5. Wills, Probate and Elder Law-- Adult and Community Education WHEN: Monday October 19 7 - 8:30 P.M. WHERE: East Brunswick Adult & Community Education Program, East Brunswick High School, Cranbury Rd COST: $29 For additional information, call the East Brunswick Adult Education Office for registration information at 732-613-6989. INSTRUCTOR: Kenneth Vercammen, Esq. of Edison (Co-Author- NJ Elder Law & Probate) COMPLIMENTARY MATERIAL: Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts. You don't have to be wealthy or near death to do some thinking about a Will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of the state law. Topics covered by author of "Answer to questions about Probate" will include: Wills, revocable trusts, irrevocable trusts, power of attorney, living will, long term care insurance, reverse mortgage, plus the opportunity to ask questions. Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law. For more information on Elder law, visit the Website: www.CentralJerseyElderLaw.com [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.centraljerseyelderlaw.com%2F&id=preview]. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to: Kenv@njlaws.com.
6. Handling Drug, DWI & Serious Motor Vehicle Cases Seminar Featuring a discussion on the newly released court rules. Monday, October 26, 2009; 6:00PM to 9:30PM Sheraton Edison, Edison (Raritan Center) Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers' Section Gain a thorough understanding of Municipal Court practice, procedure, & recent developments; Criminal Case Law and Legislative Update The Prosecutor's Perspective: DWI, no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues Judicial Perspective : Expert arguments, important court rules, common errors by defense attorneys and prosecutors, how to impress the court and not annoy the court staff; New Court Rules Recent developments in traffic law, merged traffic tickets and more DWI and Chun A special Q&A session: Ask the Experts Speakers include: KENNETH A. VERCAMMEN, ESQ. Past Chair, NJSBA Municipal Court Section Chair, ABA Elder Law Committee K. Vercammen & Associates (at Mt. Laurel & Edison) HON. ROBERT J. ZANE, III, PJMC (Camden) (at Mt. Laurel) WILLIAM G. BRIGIANI, ESQ. (at Mt. Laurel & Edison) ROBERT A. GLEANER, ESQ. Prosecutor in Audubon and Stratford (Camden County) (at Mt. Laurel) JOHN MENZEL, ESQ. (at Mt. Laurel & Edison) HON. JOHN J. COYLE, JR. JSC (Belvidere) (at Edison) HON. JOAN ROBINSON GROSS, PJMC (Union County) Chair, Supreme Court Municipal Practice Committee (Union County) NORMA M. MURGADO, ESQ. Chief Prosecutor (Elizabeth) Assistant Prosecutor (Woodbridge)
7. Next Non-Profit Races If you are attending, call Ken V to car pool from East Brunswick area.
October 11, 2009 Deal 5 miler 5k Deal hot dogs & free beer October 18, 2009 Sunday East Brunswick 1pm 5k & 10k RVRR Well run event Road closed to traffic www.ebrr.org [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.ebrr.org%2F&id=preview] October 25, 2009 Trick or Trot 4 mile run 4-mile Long Branch party at Celtic Cottage after run -- discount beer November 1, 2009 Viking 5K, South Brunswick November 8, 2009 Cocoa Beach Florida 2 mile [Ken V is defending champion] November 21, 2009 Manasquan Turkey Trot 5-mile Manasquan 11am party at taverns after race discount beer November 27, 2009 Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern 11am November 29, 2009 Navesink Challenge 15k and 5k, Middletown, NJ 732-542-6090 Quality JSRC event with Race Director: Dave Z. Free food and discount beer at Outback December 6, 2009 Arthritis 5k Metuchen
8. Recent NJ Laws Tube on YouTube: Simple Assault and Aggravated Assault: Simple Assault and Aggravated Assault YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DAghg4IQLiRY%26feature%3Dchannel_page&id=preview] Self Defense Law and Defense Against Assault Charges: Self Defense Law and Defense Against Assault Charges YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dus_SPKNFICs%26feature%3Dchannel_page&id=preview] Back & Neck Injury in Accident: Back & Neck Injury in Accident YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dlh5bZjFP1fY%26feature%3Dchannel_page&id=preview] Prohibited Weapons & Possession of Weapons for Unlawful Purpose: Prohibited Weapons & Possession of Weapons YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DHwJlayuLEEw%26feature%3Dchannel_page&id=preview] Conspiracy 2C:5- 2: Conspiracy 2C:5-2 YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3D13_DFORQY0c%26feature%3Dchannel_page&id=preview] Theft of Movable Property 2C:20-3: Theft of Movable Property YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DB4dl-4h-ris%26feature%3Dchannel_page&id=preview] Law on Refusal to provide breath samples after arrested for DWI/DUI: Refusal DWI/DUI YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3Dl1uh1Ahyevs%26feature%3Dchannel_page&id=preview] Speeding and Radar: Speeding and Radar YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DtdVk8nmJJis%26feature%3Dchannel_page&id=preview] PTI Pre Trial Intervention to Stop and Dismiss Criminal Charges: PTI Pre Trial Intervention to Stop and Dismiss Criminal Charge YouTube [http://rs6.net/tn.jsp?t=fjf6qadab.0.0.be4bcacab.0&ts=S0411&p=http%3A%2F%2Fwww.youtube.com%2Fwatch%3Fv%3DQfkLbQ-GgUY%26feature%3Dchannel_page&id=preview] ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Thank you for reading our newsletter! God Bless America USA #1
