NJ Laws Email Newsletter E322
December 9, 2009
In This Issue:
1. In DWI Case, State Must Provide 20 Minute Observation of Driver Prior to Breath
Test by Clear and Convincing Evidence, but Arresting Officer can Testify as Part
of 20 Minutes. State v Urgrovics
2. If You Have No Will
3. Happy Holidays & Season's Greetings!
4. Lyrics to Holiday Songs
1.In DWI Case, State Must Provide 20 Minute Observation of Driver Prior to Breath Test by Clear and Convincing Evidence, but Arresting Officer can Testify as Part of 20 Minutes. State v Urgrovics ___ NJ Super.___ A-4906-08T4 12-02-09
This appeal concerns the admissibility of the results of an Alcotest. By leave granted, the State appeals from the order of the Law Division suppressing the results of the Alcotest because the arresting officer, rather than the Alcotest operator, was the person who observed defendant during the twenty minutes prior to him taking the test. In reaching this conclusion, the trial court relied on what it characterized as the "procedures" mandated by the Supreme Court in State v. Chun, 194N.J. 54,cert. denied, ____ U.S. ____, 129 S. Ct. 158, 172 L. Ed. 2d 41(2008). The court reverses. The court held that the State is only required to establish that the test subject did not ingest, regurgitate or place anything in his or her mouth that may compromise the reliability of the test results for a period of at least twenty minutes prior to the administration of the Alcotest. The State can meet this burden by calling any competent witness who can so attest.
2. If You Have No Will:
Compiled By Kenneth Vercammen, Esq.
If you leave no Will or your Will is declared invalid because it was improperly
prepared or is not admissible to probate:
* State law determines who gets assets, not you
* Additional expenses will be incurred and extra work will be required to qualify
an administrator-Surety Bond, additional costs and legal fees
* Judge determines who gets custody of your children
* Possible additional State inheritance taxes and Federal estate taxes
* If you have no spouse or close relatives the State may take your property
* The procedure to distribute assets becomes more complicated
* It may also cause fights and lawsuits within your family
When loved ones are grieving and dealing with death, they shouldn't be overwhelmed
with Financial concerns.
Who don't you want to receive your assets?
Who is not the best choice to raise your children, or safeguard your children's
money for college?
Do you want children, or grandchildren, to get money when they turn 18? Will they invest money wisely, or go to Seaside and play games?
THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH SHOULD BE INCLUDED
IN A WILL:
1ST: DEBTS AND TAXES
2ND: SPECIFIC BEQUESTS
3RD: DISPOSITION TO SPOUSE
4TH: DISPOSITION OF REMAINDER OF ESTATE
5TH: CREATION OF TRUSTS FOR SPOUSE
6TH: CREATION OF TRUST FOR CHILDREN
7TH: OTHER BENEFICIARIES UNDER 21
11TH: SURETY OR BOND
13TH: AFTERBORN CHILDREN
14TH: PRINCIPAL AND INCOME
15TH: NO ASSIGNMENT OF BEQUESTS
17TH: CONSTRUCTION OF WILL
18TH: NO CONTEST CLAUSE
A Will must not only be prepared within the legal requirements of the New Jersey
Statutes but should also be prepared so it leaves no questions regarding your intentions.
WHY PERIODIC REVIEW IS ESSENTIAL
Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will.
Some of these are:
* Marriage, death, birth, divorce or separation affecting either you or anyone named
in your Will
* Significant changes in the value of your total assets or in any particular assets
which you own
* A change in your domicile
* Death or incapacity of a beneficiary, or death, incapacity or change in residence
of a named executor, trustee or guardian of infants, or of one of the witnesses to the execution of the Will
* Annual changes in tax law
* Changes in who you like
MAY I CHANGE MY WILL?
Yes. A Will may be modified, added to, or entirely changed at any time before your
death provided you are mentally and physically competent and desire to change your
Will. You should consider revising your Will whenever there are changes in the
size of your estate. For example, when your children are young, you may think it
best to have a trust for them so they do not come into absolute ownership of property
until they are mature. Beware, if you draw lines through items, erase or write
over, or add notations to the original Will, it can be destroyed as a legal document.
Either a new Will should be legally prepared or a codicil signed to legally change
portions of the Will.
3. Happy Holidays & Season's Greetings!
Wesoly Siat, Bozega Narodzenia (Merry Christmas in Polish)
PRÓSPERO AÑO NUEVO
HAPPY NEW YEAR
GLÜCKLICHES NEUES JAHR
More Holiday cheer at this great site:
4. Lyrics to Holiday Songs
Go to Website: http://www.christmas-lyrics.org/ [http://rs6.net/tn.jsp?t=ejtcgedab.0.0.be4bcacab.0&ts=S0431&p=http%3A%2F%2Fwww.christmas-lyrics.org%2F&id=preview]
for lyrics to the following songs:
Silent Night Lyrics
Baby Its Cold Outside
Carol Of The Bells
Where Are You Christmas
We Wish You A Merry Christmas
Deck The Halls
Jingle Bell Rock
All I Want For Christmas Is You
Auld Lang Syne
Have Yourself A Merry Little Christmas Lyrics
Santa Claus Is Coming To Town
Little Drummer Boy
I Want A Hippopotamus For Christmas
Let It Snow Song
Grandma Got Run Over By A Reindeer
Joy To The World
Rocking Around The Christmas Tree
Frosty The Snowman
What Child Is This
Plus, lyrics to that classic Christmas song that no one knows the words. [just like
no one knows the words to Louie, Louie]
You're a Mean One, Mr. Grinch
You're a mean one, Mr. Grinch.
You really are a heel.
You're as cuddly as a cactus,
You're as charming as an eel.
You're a bad banana
With a greasy black peel.
You're a monster, Mr. Grinch.
Your heart's an empty hole.
Your brain is full of spiders,
You've got garlic in your soul.
I wouldn't touch you, with a
thirty-nine-and-a-half foot pole.
You're a vile one, Mr. Grinch.
You have termites in your smile.
You have all the tender sweetness
Of a seasick crocodile.
Given the choice between the two of you
I'd take the seasick crockodile.
You're a foul one, Mr. Grinch.
You're a nasty, wasty skunk.
Your heart is full of unwashed socks
Your soul is full of gunk.
The three words that best describe you,
are, and I quote: "Stink. Stank. Stunk."
You're a rotter, Mr. Grinch.
You're the king of sinful sots.
Your heart's a dead tomato splot
With moldy purple spots,
Your soul is an apalling dump heap overflowing
with the most disgraceful assortment of deplorable rubbish imaginable,
Mangled up in tangled up knots.
You nauseate me, Mr. Grinch.
With a nauseaus super-naus.
You're a crooked jerky jockey
And you drive a crooked horse.
You're a three decker saurkraut and toadstool
With arsenic sauce.
Copyright © 1957, Dr. Seuss. Author: Dr. Seuss