NJ Laws Email Newsletter E319
Kenneth Vercammen, Attorney at Law
November 10, 2009
In This Issue:
1. New Jersey Military Vets, Towns to Commemorate Veterans Day.
RECENT CASES:
2. After Juvenile Complaint Filed, No Miranda Waiver in Absence of Counsel.
3. MVC/DMV Can Suspend NJ DL for Florida DWI Two Years Ago.
4. For Domestic Violence, Calls Must be Annoying or Threatening.
5. Upcoming Community Events:
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Greetings Kenneth Vercammen,
1. New Jersey Military Vets, Towns to Commemorate Veterans Day. By New Jersey Local News Service Local military veterans will be holding services and other events this week to commemorate Veterans Day.
The holiday, originally called Armistice Day, was created to honor veterans of World
War I. The armistice effectively ending the war was signed on Nov. 11, 1918. In
1954, Congress passed legislation setting Nov. 11 as a day to honor American veterans
of all wars.
EAST BRUNSWICK -- "Salute to Veterans," to honor those who served our country, 6p.m. Wednesday, Veterans Park, East Brunswick Municipal Complex, 1 Jean Walling Civic Center. Call (732) 390-6850.
PERTH AMBOY -- Veterans Day Ceremony, co-sponsored by VFW Post 663 and American
Legion Post 45, 11 a.m. Wednesday, Veterans War Memorial, Sadowski Parkway; followed
by the unveiling of the Veterans' Mural at 2 p.m. in the City Hall council chambers.
Call (732) 826-0290.
SOUTH BRUNSWICK -- Veterans Day Observance Ceremony, veterans from VFW Post 9111 and American Legion Post 401 will present ceremonial wreathes in honor and memory of veterans of all branches of the service, 11 a.m. Wednesday, South Brunswick Municipal
Building, Senior Center, 540 Ridge Road in Monmouth Junction. Call (732) 329-4000.
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RECENT CASES:
2. After Juvenile Complaint Filed, No Miranda Waiver in Absence of Counsel. State
in the Interest of P.M.P. ___ NJ ___ (2009) A-5156-07T4
The filing of the complaint and the obtaining of a judicially approved arrest warrant
by the Camden County Prosecutor's Office was a critical stage in the proceedings,
and pursuant to N.J.S.A. 2A:4A-39B(1), P.M.P. had the right to counsel and could not waive that right except in the presence of and after consultation with his attorney counsel. Therefore, the trial court properly granted P.M.P.'s motion to suppress his statement.
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3. MVC/DMV Can Suspend NJ DL for Florida DWI Two Years Ago. Carrasco v. N.J. Motor
Vehicle Commission ___ NJ Super. ___ (App. Div. 2009) Unreported. 05-2-4275
The Motor Vehicle Commission's two-year delay in suspending the appellant's New
Jersey driving privileges following his conviction and license suspension in Florida
for driving under the influence of alcohol did not constitute double punishment, since an offender has no legal right to concurrent suspension periods. Nor did the delay constitute a factual dispute that would have entitled the appellant to an MVC hearing, since the reason for delay in the issuance and transmittal of notice by Florida officials was not material to the mandatory action taken by the MVC upon
receipt of that notice.
Source: Daily Briefing June 24, 2009
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4. For Domestic Violence, Calls Must be Annoying or Threatening. Quesada v. Gonzales
App. Div. 2009, 20-2-4202, decided June 17, 2009, Unpublished.
Deferring to the trial court's assessment of credibility and its finding that plaintiff failed to show the elements of harassment where it was not alleged that the offending telephone call was made at inconvenient hours or in offensively coarse language or in a manner likely to cause annoyance or alarm, and that even if defendant had threatened to beat her, that in itself does not constitute an act of domestic violence,and that the court was justified in considering the context and backdrop of the parties' relationship, including any ulterior motive of the victim whose safety is allegedly threatened, the panel affirms the trial court's dismissal of plaintiff's temporary restraining order and the denial or her request for a final restraining order. Unreported.
Source: New Jersey Law Journal June 1, 2009
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5. Upcoming Community Events:
November 12, 2009
Lecture to Edison Police on Recent Criminal Cases
November 14, 2009
Colonial Park 5K Turkey Trot Colonial Park, Somerset 9:30
November 21, 2009
Manasquan Turkey Trot 5-mile Manasquan 11am party at taverns after race discount
beer
November 26, 2009
Ashenfelter 8k USATF
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 you get the maximum award you deserve.
