NJ Laws Email Newsletter E326
Kenneth Vercammen, Attorney at Law
January 26, 2010
In This Issue:
RECENT CASES:
1. NJ adopts the "New Jersey Compassionate Use Medical Marijuana Act."
2. New Law Gives Mandatory Jail for Certain Drunks who Drive While Suspended.
3. New Law Requires Palimony Agreements to be in Writing.
4. New Law Permits Judge to Order Community Service if Defendant Unable to Pay
Fine.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1. NJ adopts the "New Jersey Compassionate Use Medical Marijuana Act."
Medical research suggests that marijuana may alleviate pain or other symptoms associated with certain debilitating medical conditions. Federal law, however, prohibits the use of marijuana. Ninety-nine percent of marijuana-related arrests in the country are made under state law rather than under federal law. Changing state law would therefore provide legal protection to the vast majority of seriously ill people who use marijuana medically. Thirteen other states permit the use of marijuana for medical purposes, and with this law, New Jersey would join the effort to protect patients using marijuana to alleviate suffering from arrest, prosecution, and other legal sanctions, as well as provide protection to their physicians, caregivers,alternative treatment centers authorized to produce marijuana for medical purposes,and persons who simply are in the vicinity of permitted medical use of marijuana.
PATIENT/CAREGIVER IDENTIFICATION CARD
The law provides that DHSS shall issue registry identification cards containing
the patient's photograph to qualifying patients and their primary caregivers. The
law defines "qualifying patient" or "patient" as a person who has been diagnosed
by a physician with whom the patient has a bona fide physician-patient relationship
as having a "debilitating medical condition." "Debilitating medical condition"
is defined as: cancer, glaucoma, positive HIV/AIDS status, or the treatment of these
conditions; a chronic or debilitating disease or medical condition or its treatment
that produces cachexia or wasting syndrome, severe or chronic pain, severe nausea,
seizures, severe and persistent muscle spasms; and other medical conditions that
may administratively be added by the department. "Primary caregiver" or "caregiver"
is defined as a person who is at least 18 years old, who has never been convicted
of a felony drug offense, has agreed to assist with a qualifying patient's medical
use of marijuana and has been designated as primary caregiver on the patient's registry
identification card, or in other written notification to the department. A primary
caregiver may only have one qualified patient at any one time. A patient's physician
could not serve as a primary caregiver.
DHSS shall issue registry identification cards to qualifying patients who submit
the following:
- written certification that the person is a qualifying patient (medical records
or a statement signed by a physician with whom the patient has a bona fide physician-patient
relationship, stating that in the physician's professional opinion, after completing
a full assessment of the patient's medical history and current medical condition,
the patient has a debilitating medical condition for which recognized drugs or treatments
are or would not be effective and the potential benefits of the medical use of marijuana
would likely outweigh the health risks for the patient);
- the required application or renewal fee, which may be based on a sliding scale
as determined by the commissioner;
- the patient's and caregiver's name, address and date of birth; and
- the physician's name, address and telephone number.
The law requires that DHSS verify the information prior to issuing a registry identification
card, and approve or deny an application or renewal within 15 days of receipt and
issue a registry identification card within five days of approval. DHSS may deny
an application or renewal only if the applicant fails to provide the required information,
or if it determines that the information was falsified. Denial of an application
is considered a final agency decision, subject to review by the Appellate Division
of the Superior Court.
DHSS shall issue a registry identification card to the primary caregiver named in
a patient's approved application if the caregiver signs a statement agreeing to
provide marijuana only to the patient who has named him as primary caregiver. DHSS
would be prohibited from issuing a registry identification card to any proposed
caregiver with a felony drug offense conviction.
Under the law, it would be a disorderly persons offense, punishable by up to 180
days in jail and a $1,000 fine, for a person to fabricate or misrepresent a registry
identification card to a law enforcement official.
DHSS is to maintain a confidential list of the persons to whom it has issued registry
identification cards. Individual names and other identifying information on the
list are to be confidential, and not subject to public access, but could be released
to authorized DHSS employees as necessary to perform official department duties
and to authorized employees of State or local law enforcement agencies when necessary
to verify that a person who is engaged in the suspected or alleged medical use of
marijuana is lawfully in possession of a registry identification card.
ALTERNATIVE TREATMENT CENTERS
The law provides that DHSS shall establish a registration program authorizing alternative
treatment centers to produce and dispense marijuana for medical purposes. A person
who has been convicted of possession or sale of a controlled dangerous substance
shall not be issued a permit to operate, or be an employee of, an alternative treatment
center, unless such conviction was for a violation of federal law relating to possession
or sale of marijuana for conduct that is legal under the law. All usable marijuana,
seeds and seedlings associated with the production of marijuana for a registered
qualifying patient would be the property of the patient and must be provided to
the patient upon request. An alternative treatment center may be reimbursed by
a patient for reasonable costs associated with the production of marijuana for
that patient.
An alternative treatment center permit holder or his employee would not be subject
to arrest or prosecution, or penalized in any manner for the acquisition, distribution,
possession, cultivation, or transportation of marijuana or paraphernalia related
to marijuana on behalf of a registered identification cardholder, provided the
amount of marijuana possessed by the center, combined with the amount possessed
by the registered patient and his primary caregiver, does not exceed six marijuana
plants and one ounce of usable marijuana per patient
LEGAL PROTECTIONS
The law provides that a patient and his caregiver who possess a registry identification
card and collectively possess no more than six marijuana plants and one ounce of
usable marijuana would receive the following protections under this law:
- The person would not be subject to arrest, prosecution, or penalty, or denied
any right or privilege, including civil penalty or disciplinary action by a professional
licensing board, for the medical use of marijuana.
- The person would be entitled to a rebuttable presumption of medical use of marijuana
if the patient or his caregiver possesses a registry identification card and the
permissible amount of marijuana.
- The person could assert an affirmative defense of medical use of marijuana, unless
the person was operating a motor vehicle, aircraft or motorboat while under the
influence of marijuana, or smoking marijuana in a school bus or other form of public
transportation, on any school grounds, in any correctional facility, or at any public
park, public beach, public recreation center or youth center.
- Possession of, or application for, a registry identification card shall not alone
constitute probable cause to search a person or his property.
- If a patient has in his possession a registry identification card and the permissible
amount of marijuana, N.J.S.A.26:2-82 (authorizing the destruction of marijuana determined
to exist by the Department of Health and Senior Services) would not apply.
The law extends these protections to a qualified patient who is under 18 years of
age if the patient and his legal guardian are advised by the patient's physician
of the risks and benefits of using marijuana for medical purposes, and the legal
guardian consents in writing to allow the medical use of marijuana, serve as the
primary caregiver, and control the patient's acquisition, dosage and frequency
of use.
A physician who provides written certification for the medical use of marijuana
to a qualifying patient would not be subject to arrest, prosecution, or penalty
in any manner, or denied any right or privilege, including a penalty or disciplinary
action by the State Board of Medical Examiners.
In addition, the law would protect persons from arrest and prosecution for constructive
possession, conspiracy, or any other offense if they were in the presence or vicinity
of the medical use of marijuana as permitted by the law.
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2. New Law Gives Mandatory Jail for Certain Drunks who Drive While Suspended.
The statute creates criminal penalties for persons whose driver's licenses are suspended
for certain drunk driving offenses and who, while under suspension for those offenses,
unlawfully operate a motor vehicle.
It will be a crime of the fourth degree to operate a motor vehicle during a period
of driver's license suspension if the person's driver's license was suspended or
revoked for a first offense of driving while intoxicated or refusal to submit to
a breath test, and the person had previously been convicted of operating a motor
vehicle while under suspension for that first offense.
It is a crime of the fourth degree to operate a motor vehicle during a period of
license suspension if the person's license was suspended or revoked for a second
or subsequent offense of driving while intoxicated or refusal to submit to a breath
test.
A person convicted of violating the law's provisions is to be sentenced to a term
of imprisonment which would include a six-month period of parole ineligibility.
The effective date is 18 months to permit the Motor Vehicle Commission to make modifications
to its computer system.
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3. New Law Requires Palimony Agreements to be in Writing.
This law is intended to overturn recent "palimony" decisions by New Jersey courts
by requiring that any such contract must be in writing and signed by the person
making the promise. More specifically, the law provides that a promise by one party
to a non-marital personal relationship to provide support or other consideration
for the other party, either during the course of such relationship or after its
termination, is not binding unless it is in writing and signed. The law provides
that no such written promise is binding unless it was made with the independent
advice of counsel for both parties.
In two recent cases, Devaney v. L'Esperance, 195 N.J. 247 (2008) and In re Estate
of Roccamonte, 174 N.J. 381 (2002), the New Jersey Supreme Court upheld palimony
agreements between two unmarried cohabitants. In the Devaney case the court held
that "cohabitation is not an essential requirement for a cause of action for palimony,
but a marital-type relationship is required." In the Roccamonte case, the court
held that an implied promise of support for life is enforceable against the promisor's
(cohabitant's) estate. Those decisions are consistent with the court's prior decision
in Kozlowski v. Kozlowski, 80 N.J. 378 (1979), which had held that a promise of
lifetime support by one cohabitant to another in a marital-like relationship would
be enforced, if one of the partners was induced to cohabit by the promise. The
court held that the right to such support is found in contract principles and that
the contract may be either express or implied.
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4.New Law Permits Judge to Order Community Service if Defendant Unable to Pay Fine.
Under existing law, if a person is sentenced by a municipal court to pay a monetary
penalty and that person defaults on the payment, the court may order the person
to perform community service pursuant to the provisions of N.J.S.A.2B:12-23.
This new law as amended would supplement that provision of the law by allowing a
municipal court to permit a person to pay in installments; grant a credit for jail
time against the penalty; have the penalty suspended or revoked or order the performance
of community service in lieu of payment of the penalty; or impose any other alternative
authorized by law.
Under the provisions of the new law, if a person does not have the ability to pay
on the day of the hearing, the court may order payment by installments. If the
person defaults on an installment, the court may: (1) reduce or suspend the penalty
or modify the installment plan, (2) order that credit be given against the amount
owed for each day of confinement, if the court finds that the person has served
jail time for the default; (3) revoke or suspend any unpaid portion of the penalty,
if the court finds that the circumstances that warranted it have changed or that
it would be unjust to require payment; (4) order the person to perform community
service in lieu of payment of the penalty; or (5) impose any other alternative permitted
by law in lieu paying the penalty. Restitution, surcharges for unsafe driving pursuant
to subsection f. of section 1 of P.L.2000, c.75 (C.39:4-97.2), and assessments that
are not statutorily mandated are excluded from the definition of penalty.
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_______________________________________________________
Congratulations new Superior Court Judges Joseph Paone assigned to the Superior
Court, Criminal Division, Middlesex County and Superior Court Judge Lisa M. Vignuolo
assigned to the Superior Court, Family Division, Middlesex County.
Tuesday, January 26, 2010
Tuesday, January 19, 2010
NJ Laws Email Newsletter E325
NJ Laws Email Newsletter E325
Kenneth Vercammen, Attorney at Law
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January 19, 2010
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In This Issue:
RECENT CASES:
1. New Law Authorizes Court to Waive or Reduce Parole Ineligibility or Grant Probation
Instead of Mandatory Prison for Drug-Free School Zone Violations Under Certain Circumstances.
2. "Ricci's Law;" Increases Ignition Interlock Device Requirements for Certain Drunk
Driving Offenders.
3. Free Program! 2010 update of the Wills and Estate Planning Seminar"
4. DWI Dismissed Under Speedy Trial Where More than 360 Day Lapse.
5. South Brunswick Team Wrestling Wins Against Sayreville and Edison.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Phone:(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1. New Law Authorizes Court to Waive or Reduce Parole Ineligibility or Grant Probation Instead of Mandatory Prison for Drug-Free School Zone Violations Under Certain Circumstances.
This law authorizes the court to waive or reduce the minimum term of parole ineligibility or place on probation a person convicted of distributing, dispensing, or possessing with the intent to distribute a controlled dangerous substance while on or withina 1,000 feet of school property or a school bus.
In making a determination under the law, the court is required to consider the following factors:
(1) the extent of the person's prior criminal record and the seriousness of the
offenses;
(2) where the offense was committed in relation to the school property, including
distance from the school or bus and the reasonable likelihood of exposing children
to drug-related activities there;
(3) whether school was in session at the time of the offense; and
(4) whether children were present at or in the immediate vicinity of where the offense
occurred.
A court would be prohibited under the law from waiving or reducing the minimum term
of parole eligibility or placing the person on probation if:
(1) the offense occurred on school property or a school bus; or
(2) the defendant, while committing the offense, used or threatened violence; possessed
a firearm; or resisted arrest or eluded a police officer.
A waived or reduced term of parole ineligibility or probation sentence imposed by
the court under the law would not be final for 10 days so that the prosecution can
appeal the court's determination. A-2762/S-1866
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. "Ricci's Law;" Increases Ignition Interlock Device Requirements for Certain Drunk
Driving Offenders.
Assembly Bill No. 3073(2R), entitled "Ricci's Law," provides that all persons convicted of first, second, and third offenses of drunk driving would be required to installan ignition interlock device in any motor vehicle that they own, lease or operate.
Current law imposes driver's license suspensions on all persons convicted of drunk
driving and allows the court the option to order the installation of an ignition
interlock device after the license suspension period is over and the license is
returned to the person. Under the law, the interlock device would be mandatory
in all cases and, in addition, would also be required to be in effect during the
period of time that the license is suspended.
These Assembly amendments provide that persons who are convicted of refusing the
breath test also would be required to install an ignition interlock device. They
are subject to the same requirements imposed on convicted drunk drivers under the
law, except that all first offenders of the refusal statute would be required to
install the device. The amendments also clarify that offenders for offenses other
than drunk driving or refusal to submit to the breath test would not be subject
to the provisions of the ignition interlock statute. The amendments also provide
that the device would be installed only on the vehicle principally operated by
the offender.
The amendments also provide for reduced fees for certain persons required to install
the device. If the person's family income does not exceed 100% of the federal poverty
level, the monthly leasing fee would be 50% of the cost established by regulation.
If the person's family income does not exceed 149% of the federal poverty level,
the monthly leasing fee would be 75% of the cost established by regulation. Persons
who qualify for a reduced fee would not be required to pay the installation fee,
the fee for monitoring of the device, or any fees for calibration or removal of
the device.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. New law Revises Eligibility for Expungement of Criminal and Juvenile Delinquency
Records.
This law makes some changes to the criteria for expungement of criminal convictions
and adjudications of delinquency and also adds to the list of crimes that may not
be expunged.
Expungement of Indictable Offenses Generally Section 1 of the law reduces the amount
of time that must elapse before a person convicted of an indictable offense is eligible for expungement. Under current law, subsection a. of N.J.S.2C:52-2 requires a person to wait 10 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later,before applying to expunge a conviction for an indictable offense. The law would allow expungement for an indictable offense although less than 10 years has expired if the court finds that:
· Less than 10 years has expired from the satisfaction of a fine, but the 10-year
time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered by the court, or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or
· At least five years has expired from the date of conviction, payment of fine,
satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense,or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant's character and conduct since conviction.
In determining whether compelling circumstances exist, a court may consider the
amount of the fine or fines imposed, the person's age at the time of the offense,
the person's financial condition and other relevant circumstances regarding the
person's ability to pay.
Crimes that May Not Be Expunged Section 1 of the law also adds the following crimes
to the list of crimes that cannot be expunged:
· Human Trafficking, section 1 of P.L.2005, c.77 (C.2C:13-8);
· Causing or permitting a child to engage in a prohibited sexual act, N.J.S.2C:24
4b(3);
· Selling or manufacturing child pornography, N.J.S.2C:24:4b(5)(a);
· Knowingly promoting the prostitution of the actor's child, N.J.S.2C:34-1b(4);
· Terrorism, section 2 of P.L.2002, c.26 (C.2C:38-2); and
· Producing or Possessing Chemical Weapons, Biological
Agents or Nuclear or Radiological Devices, subsection a. of section 3 of P.L.2002,
c.26 (C.2C:38-3).
Expungement of Certain Drug Crimes Section 1 of the law also allows expungement
of certain convictions for the sale or distribution of a controlled dangerous substance
(CDS) or possession thereof with intent to sell. Expungement would be allowed if
the convictions involve crimes of the third or fourth degree, and the court finds
that expungement is consistent with the public interest, giving due consideration
to the nature of the offense, and the petitioner's character and conduct since conviction.
Under current law, a person may not have his conviction for the sale or distribution
of a CDS or possession thereof with intent to sell expunged unless it relates to
the sale, distribution, or possession with intent to sell a small amount of marijuana
or hashish.
Expungement of Delinquency Adjudications Section 2 of the law changes the criteria
for expunging a record of an adjudication of delinquency. Under current law, to
expunge an adjudication of delinquency, a minimum of five years must elapse after
final discharge of the person from legal custody or supervision or after the entry
of any other court order not involving custody or supervision. Also, the person
must not have been convicted of a crime, or a disorderly or petty disorderly persons
offense, or adjudged a delinquent, or in need of supervision, during the five years
prior to the filing of the petition for expungement. Section 2 of the law would
except periods of post incarceration supervision pursuant to section 25 of P.L.1982,
c.77(C.2A:4A-44) from these five-year periods.
Need for Availability of Criminal Records Factor Section 3 of the law amends N.J.S.2C:52-14
to require a court to determine whether the need for the availability of a person's
criminal record outweighs the desirability of freeing the person from the disabilities
normally associated with a criminal conviction in cases of third and fourth degree
drug offenses. This change is necessitated by section 1 of the law, which authorizes
expungement of third and fourth degree convictions for the sale or distribution
of a controlled dangerous substance or possession thereof with intent to sell. Under
current law, a court only weighs this consideration if an objection to the expungement
is raised by a law enforcement official.
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4. DWI Dismissed Under Speedy Trial Where More than 360 Day Lapse. State v. Tsetsekas
___ NJ Super ___(App. Div. 2009) 14-2-6170 12-14-09
The court reversed the Law Division conviction and required dismissal of the DWI
charge due to a violation of defendant's right to a speedy trial. The extensive
delay in adjudicating this matter, caused solely by the state's repeated lapses
in preparation and the failure to secure its witnesses, infringed on defendant's
due process rights.
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5. South Brunswick Team Wrestling Wins Against Sayreville and Edison.
http://blogs.mycentraljersey.com/onthemat/2010/01/16/5989/ [http://rs6.net/tn.jsp?t=pxe8qgdab.0.0.be4bcacab.0&p=http%3A%2F%2Fblogs.mycentraljersey.com%2Fonthemat%2F2010%2F01%2F16%2F5989%2F&id=preview]
Records: South Brunswick 9-3
This week in Middlesex County wrestling (High school Wrestling news)
By THE STAR-LEDGER / Wrestling News
January 12, 2010,
TEAM TO WATCH South Brunswick won five consecutive matches this season, including
a 44-22 victory over Perth Amboy on Jan. 6, before falling, 34-24, to Old Bridge
on Saturday. The 6-2 squad lost six starters to graduation last season, but South
Brunswick returned senior Brendan Vercammen, a Region 5 champion at 171 pounds in
2009. Teammates James Pagano (135 pounds), Tyler Jaramillo (140) and Jeff Goldhagen
(189) each qualified for the Region 5 tournament last year. South Brunswick faces
Sayreville on Saturday as it tries to avenge a 31-29 loss suffered last year and
then it squares up against South Plainfield, No. 3 in The Star-Ledger Top 20, on
Tuesday
Source: http://www.nj.com/hssports/news/wrestling/ [http://rs6.net/tn.jsp?t=pxe8qgdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.nj.com%2Fhssports%2Fnews%2Fwrestling%2F&id=preview]
GMC Individual Rankings
JANUARY 15, 2010 · 11:53 AM
By Greg Tufaro
http://blogs.mycentraljersey.com/onthemat/2010/01/15/gmc-individual-rankings-5 [http://rs6.net/tn.jsp?t=pxe8qgdab.0.0.be4bcacab.0&p=http%3A%2F%2Fblogs.mycentraljersey.com%2Fonthemat%2F2010%2F01%2F15%2Fgmc-individual-rankings-5&id=preview]/
Next South Brunswick Varsity wrestling team meets
Tue 01/19/10 @ SOUTH PLAINFIELD HS away
Tue 01/21/10 vs Hillsborough at South Brunswick
Sat 01/23/10 at Princeton High School
Sat 01/23/10 v Ewing High School
Sat 01/23/10 v West Windsor-Plainsboro N.
Wed 01/27/10 at EAST BRUNSWICK away
Fri 01/29/10 Middlesex County championships GMC @PISCATAWAY
Sat 01/30/10 Middlesex County championships @ GMC @PISCATAWAY
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
January 19, 2010
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In This Issue:
RECENT CASES:
1. New Law Authorizes Court to Waive or Reduce Parole Ineligibility or Grant Probation
Instead of Mandatory Prison for Drug-Free School Zone Violations Under Certain Circumstances.
2. "Ricci's Law;" Increases Ignition Interlock Device Requirements for Certain Drunk
Driving Offenders.
3. Free Program! 2010 update of the Wills and Estate Planning Seminar"
4. DWI Dismissed Under Speedy Trial Where More than 360 Day Lapse.
5. South Brunswick Team Wrestling Wins Against Sayreville and Edison.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Phone:(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1. New Law Authorizes Court to Waive or Reduce Parole Ineligibility or Grant Probation Instead of Mandatory Prison for Drug-Free School Zone Violations Under Certain Circumstances.
This law authorizes the court to waive or reduce the minimum term of parole ineligibility or place on probation a person convicted of distributing, dispensing, or possessing with the intent to distribute a controlled dangerous substance while on or withina 1,000 feet of school property or a school bus.
In making a determination under the law, the court is required to consider the following factors:
(1) the extent of the person's prior criminal record and the seriousness of the
offenses;
(2) where the offense was committed in relation to the school property, including
distance from the school or bus and the reasonable likelihood of exposing children
to drug-related activities there;
(3) whether school was in session at the time of the offense; and
(4) whether children were present at or in the immediate vicinity of where the offense
occurred.
A court would be prohibited under the law from waiving or reducing the minimum term
of parole eligibility or placing the person on probation if:
(1) the offense occurred on school property or a school bus; or
(2) the defendant, while committing the offense, used or threatened violence; possessed
a firearm; or resisted arrest or eluded a police officer.
A waived or reduced term of parole ineligibility or probation sentence imposed by
the court under the law would not be final for 10 days so that the prosecution can
appeal the court's determination. A-2762/S-1866
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. "Ricci's Law;" Increases Ignition Interlock Device Requirements for Certain Drunk
Driving Offenders.
Assembly Bill No. 3073(2R), entitled "Ricci's Law," provides that all persons convicted of first, second, and third offenses of drunk driving would be required to installan ignition interlock device in any motor vehicle that they own, lease or operate.
Current law imposes driver's license suspensions on all persons convicted of drunk
driving and allows the court the option to order the installation of an ignition
interlock device after the license suspension period is over and the license is
returned to the person. Under the law, the interlock device would be mandatory
in all cases and, in addition, would also be required to be in effect during the
period of time that the license is suspended.
These Assembly amendments provide that persons who are convicted of refusing the
breath test also would be required to install an ignition interlock device. They
are subject to the same requirements imposed on convicted drunk drivers under the
law, except that all first offenders of the refusal statute would be required to
install the device. The amendments also clarify that offenders for offenses other
than drunk driving or refusal to submit to the breath test would not be subject
to the provisions of the ignition interlock statute. The amendments also provide
that the device would be installed only on the vehicle principally operated by
the offender.
The amendments also provide for reduced fees for certain persons required to install
the device. If the person's family income does not exceed 100% of the federal poverty
level, the monthly leasing fee would be 50% of the cost established by regulation.
If the person's family income does not exceed 149% of the federal poverty level,
the monthly leasing fee would be 75% of the cost established by regulation. Persons
who qualify for a reduced fee would not be required to pay the installation fee,
the fee for monitoring of the device, or any fees for calibration or removal of
the device.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. New law Revises Eligibility for Expungement of Criminal and Juvenile Delinquency
Records.
This law makes some changes to the criteria for expungement of criminal convictions
and adjudications of delinquency and also adds to the list of crimes that may not
be expunged.
Expungement of Indictable Offenses Generally Section 1 of the law reduces the amount
of time that must elapse before a person convicted of an indictable offense is eligible for expungement. Under current law, subsection a. of N.J.S.2C:52-2 requires a person to wait 10 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later,before applying to expunge a conviction for an indictable offense. The law would allow expungement for an indictable offense although less than 10 years has expired if the court finds that:
· Less than 10 years has expired from the satisfaction of a fine, but the 10-year
time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered by the court, or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or
· At least five years has expired from the date of conviction, payment of fine,
satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense,or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant's character and conduct since conviction.
In determining whether compelling circumstances exist, a court may consider the
amount of the fine or fines imposed, the person's age at the time of the offense,
the person's financial condition and other relevant circumstances regarding the
person's ability to pay.
Crimes that May Not Be Expunged Section 1 of the law also adds the following crimes
to the list of crimes that cannot be expunged:
· Human Trafficking, section 1 of P.L.2005, c.77 (C.2C:13-8);
· Causing or permitting a child to engage in a prohibited sexual act, N.J.S.2C:24
4b(3);
· Selling or manufacturing child pornography, N.J.S.2C:24:4b(5)(a);
· Knowingly promoting the prostitution of the actor's child, N.J.S.2C:34-1b(4);
· Terrorism, section 2 of P.L.2002, c.26 (C.2C:38-2); and
· Producing or Possessing Chemical Weapons, Biological
Agents or Nuclear or Radiological Devices, subsection a. of section 3 of P.L.2002,
c.26 (C.2C:38-3).
Expungement of Certain Drug Crimes Section 1 of the law also allows expungement
of certain convictions for the sale or distribution of a controlled dangerous substance
(CDS) or possession thereof with intent to sell. Expungement would be allowed if
the convictions involve crimes of the third or fourth degree, and the court finds
that expungement is consistent with the public interest, giving due consideration
to the nature of the offense, and the petitioner's character and conduct since conviction.
Under current law, a person may not have his conviction for the sale or distribution
of a CDS or possession thereof with intent to sell expunged unless it relates to
the sale, distribution, or possession with intent to sell a small amount of marijuana
or hashish.
Expungement of Delinquency Adjudications Section 2 of the law changes the criteria
for expunging a record of an adjudication of delinquency. Under current law, to
expunge an adjudication of delinquency, a minimum of five years must elapse after
final discharge of the person from legal custody or supervision or after the entry
of any other court order not involving custody or supervision. Also, the person
must not have been convicted of a crime, or a disorderly or petty disorderly persons
offense, or adjudged a delinquent, or in need of supervision, during the five years
prior to the filing of the petition for expungement. Section 2 of the law would
except periods of post incarceration supervision pursuant to section 25 of P.L.1982,
c.77(C.2A:4A-44) from these five-year periods.
Need for Availability of Criminal Records Factor Section 3 of the law amends N.J.S.2C:52-14
to require a court to determine whether the need for the availability of a person's
criminal record outweighs the desirability of freeing the person from the disabilities
normally associated with a criminal conviction in cases of third and fourth degree
drug offenses. This change is necessitated by section 1 of the law, which authorizes
expungement of third and fourth degree convictions for the sale or distribution
of a controlled dangerous substance or possession thereof with intent to sell. Under
current law, a court only weighs this consideration if an objection to the expungement
is raised by a law enforcement official.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. DWI Dismissed Under Speedy Trial Where More than 360 Day Lapse. State v. Tsetsekas
___ NJ Super ___(App. Div. 2009) 14-2-6170 12-14-09
The court reversed the Law Division conviction and required dismissal of the DWI
charge due to a violation of defendant's right to a speedy trial. The extensive
delay in adjudicating this matter, caused solely by the state's repeated lapses
in preparation and the failure to secure its witnesses, infringed on defendant's
due process rights.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. South Brunswick Team Wrestling Wins Against Sayreville and Edison.
http://blogs.mycentraljersey.com/onthemat/2010/01/16/5989/ [http://rs6.net/tn.jsp?t=pxe8qgdab.0.0.be4bcacab.0&p=http%3A%2F%2Fblogs.mycentraljersey.com%2Fonthemat%2F2010%2F01%2F16%2F5989%2F&id=preview]
Records: South Brunswick 9-3
This week in Middlesex County wrestling (High school Wrestling news)
By THE STAR-LEDGER / Wrestling News
January 12, 2010,
TEAM TO WATCH South Brunswick won five consecutive matches this season, including
a 44-22 victory over Perth Amboy on Jan. 6, before falling, 34-24, to Old Bridge
on Saturday. The 6-2 squad lost six starters to graduation last season, but South
Brunswick returned senior Brendan Vercammen, a Region 5 champion at 171 pounds in
2009. Teammates James Pagano (135 pounds), Tyler Jaramillo (140) and Jeff Goldhagen
(189) each qualified for the Region 5 tournament last year. South Brunswick faces
Sayreville on Saturday as it tries to avenge a 31-29 loss suffered last year and
then it squares up against South Plainfield, No. 3 in The Star-Ledger Top 20, on
Tuesday
Source: http://www.nj.com/hssports/news/wrestling/ [http://rs6.net/tn.jsp?t=pxe8qgdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.nj.com%2Fhssports%2Fnews%2Fwrestling%2F&id=preview]
GMC Individual Rankings
JANUARY 15, 2010 · 11:53 AM
By Greg Tufaro
http://blogs.mycentraljersey.com/onthemat/2010/01/15/gmc-individual-rankings-5 [http://rs6.net/tn.jsp?t=pxe8qgdab.0.0.be4bcacab.0&p=http%3A%2F%2Fblogs.mycentraljersey.com%2Fonthemat%2F2010%2F01%2F15%2Fgmc-individual-rankings-5&id=preview]/
Next South Brunswick Varsity wrestling team meets
Tue 01/19/10 @ SOUTH PLAINFIELD HS away
Tue 01/21/10 vs Hillsborough at South Brunswick
Sat 01/23/10 at Princeton High School
Sat 01/23/10 v Ewing High School
Sat 01/23/10 v West Windsor-Plainsboro N.
Wed 01/27/10 at EAST BRUNSWICK away
Fri 01/29/10 Middlesex County championships GMC @PISCATAWAY
Sat 01/30/10 Middlesex County championships @ GMC @PISCATAWAY
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Thursday, January 14, 2010
NJ Laws Email Newsletter E324
NJ Laws Email Newsletter E324
Kenneth Vercammen, Attorney at Law
HAPPY NEW YEAR!!!!
January 1, 2010
================================================================================
In This Issue:
1. New Year's Resolution - Put your Estate Planning in Order.
2. FREEZING COLD HASH RUN -3 - 5 MILE GROUP RUN
Sat. Jan. 9, 2010 9:50am
3. Free Program! 2010 update of the Wills and Estate Planning Seminar"
4. Destruction of Video Tape may Permit DWI Defendant to Vacate Guilty Plea
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1. New Year's Resolution - Put your Estate Planning in order.
You need a Power of Attorney and Living Will/ Advance Directive. Modern medicine
and machinery can keep a person alive for long periods of time.
Unfortunately, a person is often kept alive in great pain or under circumstances
that render him or her unconscious to everything around them, while causing pain
and anguish to the family.
Our state has passed a "Living Will" law, often called a "Death with Dignity" law,
which allows a person to direct that heroic measures not be taken to prolong life
in these unhappy situations.
This "Living Will" is not a substitute for a regular Will, which affects property
rights. The "Living Will" is an independent document to be signed in addition to
your regular Will.
Please let us know if you want a Living Will/ Advance Directive prepared.
I would like to thank my friends for another good year in 2009, despite the bad
economy. This year was our single best year for referrals. So many of you were kind
enough to tell others about our services. Since 1985, I have helped individuals
and businesses with legal matters. With changing laws, it is important that your
estate planning documents are updated to reflect your most valuable investments.
As you know, all business must grow, and one of the safest ways to grow is to get
referrals from satisfied clients. Thank you for referring friends and family.May
2010 bring happiness and good health to you and those you love.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. FREEZING COLD HASH RUN--3 & 5 MILE GROUP RUN
Saturday, January 9, 2010 at 9:50am
START: Kenneth Vercammen Law Office
2053 Woodbridge Ave., Edison, NJ 08817.
Free open bar 7:30-10:30
Register online at: www.active.com [http://rs6.net/tn.jsp?t=itzinfdab.0.0.be4bcacab.0&ts=S0441&p=http%3A%2F%2Fwww.active.com%2F&id=preview].
See info at: www.njlaws.com/FREEZING_COLD_HASH_RUN.htm [http://rs6.net/tn.jsp?t=itzinfdab.0.0.be4bcacab.0&ts=S0441&p=http%3A%2F%2Fwww.njlaws.com%2FFREEZING_COLD_HASH_RUN.htm&id=preview]
For details Call run "hare" Ken Vercammen (The runner in the red, white & blue
flag shorts) at 732-572-0500
or email: kenvnjlaws@verizon.net
Please make $12.69 checks payable to Vercammen Assoc. PC, and mail to:
Kenneth Vercammen Law Office, NJ Personal Injury Law Center
2053 Woodbridge Ave, Edison, NJ 08817
FREE BEER FOR WOMEN 21-69
$12.69 TO RUN.
FREE T-SHIRT AND OPEN BAR FROM 7:30AM - 11:30AM for Pre-registered.
$15.00 DAY OF EVENT. VOLUNTEERS RECEIVE A SHIRT AND OPEN BAR! PLEASE BRING A CAN
FOOD DONATION FOR THE ST. JAMES FOOD BANK. $5.00 FOR THE POST RUN SOCIAL HELD AT
THE GREEN DERBY BAR, SITE OF THE "ON-ON" BREWS. A fun time is guaranteed! You must
be over 21 years old to participate. No times are recorded. A sense of humor is
a must. Prizes and giveaways at the post race social.
Volunteers needed.....
Other exciting details:
Tired of the same old neighborhood roads, traffic, bad drivers? Join the off-road
runners for a great and unusual training run. See the swamps and wooded areas saved
from development. The Rumson Hash House Harriers again return to the woods and marsh
of Edison. Hashing is not a race but a non-competitive group run which follows an
off-road course laid out with baking flour. If you like trail running without the
competition of a formal race, this will be a fun switch for you. This is a complex
and different course through woods, grass, swamp and marsh. Wear old running shoes.
Follow the trail to the finish.
DIRECTIONS: http://www.njlaws.com/directions_to_office.htm [http://rs6.net/tn.jsp?t=itzinfdab.0.0.be4bcacab.0&ts=S0441&p=http%3A%2F%2Fwww.njlaws.com%2Fdirections_to_office.htm&id=preview]
YouTube: http://www.youtube.com/user/kvercammen#p/search/1/hB-A7he7-bc [http://rs6.net/tn.jsp?t=itzinfdab.0.0.be4bcacab.0&ts=S0441&p=http%3A%2F%2Fwww.youtube.com%2Fuser%2Fkvercammen%23p%2Fsearch%2F1%2FhB-A7he7-bc&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Free Program! 2010 Update of the Wills and Estate Planning Seminar"
Past Clients and friends are invited to our annual Client lunch and the "2010 update
of the Wills and Estate Planning Seminar" on January 13, 2010 from 12:15-1PM or
January 14, 2010 at 5:45.
Our program will discuss how the revised NJ Probate Law made changes in Probate
and the administration of estates and trusts. Please email us if you plan on attending.
The year 2009 was an exciting year. Kenneth Vercammen was the keynote speaker for
the Annual Estate Planning Forum sponsored by the NJ Institute for Continuing Legal
Education and lectured at the American Bar Association ABA meeting on Internet Crimes.
In October, he was a speaker at the NJ State Bar Association program, "Handling
Drug, DWI & Serious Motor Vehicle Violations. Ken's son Brendan was District
wrestling champ and Region champ at 171 lbs, and daughter Shannon has an A average.
South Brunswick Varsity wrestling 2010 schedule
Wed 01/06/10 PERTH AMBOY
Thu 01/07/10 Woodbridge High School
Sat 01/09/10 @ Montgomery Township Schools
Sat 01/09/10 @ Old Bridge High School
Sat 01/16/10 Edison High School
Sat 01/16/10 Kittatinny Regional H. S.
Sat 01/16/10 Sayreville War Memorial High School
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Destruction of Video Tape may Permit DWI Defendant to Vacate Guilty Plea. State
v. Mustaro ___ NJ Super ___ (App. Div. 2009) 14-2-6169 12/14/09
The court considered defendant's appeal from the denial of a post-sentence motion
to vacate his plea of guilty to driving while intoxicated. The motion was predicated
on a claim that the state withheld exculpatory evidence, but by the time the motion
was filed the evidence - a videotape recorded by the camera in the arresting officer's
patrol car - had been destroyed through reuse in accordance with the police department's
procedures. Applying State v. Parsons, 341 N.J. Super. 448 (App. Div. 2001), and
State v. Marshall, 123 N.J. 1, 107-09 (1991), the court concluded that defendant
failed to establish that he would not have admitted to driving if he had access
to the videotape prior to the plea, and the court further concluded that the denial
of his motion was fully consistent with a proper application of the principles set
forth in State v. Slater, 198 N.J. 145 (2009).
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editorial Assistance of this email newsletter was provided by Valerie Brown. Ms.
Brown is currently participating in Kenneth Vercammen's Winter Break Internship
Program and is a senior at Muhlenberg College.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Kenneth Vercammen, Attorney at Law
HAPPY NEW YEAR!!!!
January 1, 2010
================================================================================
In This Issue:
1. New Year's Resolution - Put your Estate Planning in Order.
2. FREEZING COLD HASH RUN -3 - 5 MILE GROUP RUN
Sat. Jan. 9, 2010 9:50am
3. Free Program! 2010 update of the Wills and Estate Planning Seminar"
4. Destruction of Video Tape may Permit DWI Defendant to Vacate Guilty Plea
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1. New Year's Resolution - Put your Estate Planning in order.
You need a Power of Attorney and Living Will/ Advance Directive. Modern medicine
and machinery can keep a person alive for long periods of time.
Unfortunately, a person is often kept alive in great pain or under circumstances
that render him or her unconscious to everything around them, while causing pain
and anguish to the family.
Our state has passed a "Living Will" law, often called a "Death with Dignity" law,
which allows a person to direct that heroic measures not be taken to prolong life
in these unhappy situations.
This "Living Will" is not a substitute for a regular Will, which affects property
rights. The "Living Will" is an independent document to be signed in addition to
your regular Will.
Please let us know if you want a Living Will/ Advance Directive prepared.
I would like to thank my friends for another good year in 2009, despite the bad
economy. This year was our single best year for referrals. So many of you were kind
enough to tell others about our services. Since 1985, I have helped individuals
and businesses with legal matters. With changing laws, it is important that your
estate planning documents are updated to reflect your most valuable investments.
As you know, all business must grow, and one of the safest ways to grow is to get
referrals from satisfied clients. Thank you for referring friends and family.May
2010 bring happiness and good health to you and those you love.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. FREEZING COLD HASH RUN--3 & 5 MILE GROUP RUN
Saturday, January 9, 2010 at 9:50am
START: Kenneth Vercammen Law Office
2053 Woodbridge Ave., Edison, NJ 08817.
Free open bar 7:30-10:30
Register online at: www.active.com [http://rs6.net/tn.jsp?t=itzinfdab.0.0.be4bcacab.0&ts=S0441&p=http%3A%2F%2Fwww.active.com%2F&id=preview].
See info at: www.njlaws.com/FREEZING_COLD_HASH_RUN.htm [http://rs6.net/tn.jsp?t=itzinfdab.0.0.be4bcacab.0&ts=S0441&p=http%3A%2F%2Fwww.njlaws.com%2FFREEZING_COLD_HASH_RUN.htm&id=preview]
For details Call run "hare" Ken Vercammen (The runner in the red, white & blue
flag shorts) at 732-572-0500
or email: kenvnjlaws@verizon.net
Please make $12.69 checks payable to Vercammen Assoc. PC, and mail to:
Kenneth Vercammen Law Office, NJ Personal Injury Law Center
2053 Woodbridge Ave, Edison, NJ 08817
FREE BEER FOR WOMEN 21-69
$12.69 TO RUN.
FREE T-SHIRT AND OPEN BAR FROM 7:30AM - 11:30AM for Pre-registered.
$15.00 DAY OF EVENT. VOLUNTEERS RECEIVE A SHIRT AND OPEN BAR! PLEASE BRING A CAN
FOOD DONATION FOR THE ST. JAMES FOOD BANK. $5.00 FOR THE POST RUN SOCIAL HELD AT
THE GREEN DERBY BAR, SITE OF THE "ON-ON" BREWS. A fun time is guaranteed! You must
be over 21 years old to participate. No times are recorded. A sense of humor is
a must. Prizes and giveaways at the post race social.
Volunteers needed.....
Other exciting details:
Tired of the same old neighborhood roads, traffic, bad drivers? Join the off-road
runners for a great and unusual training run. See the swamps and wooded areas saved
from development. The Rumson Hash House Harriers again return to the woods and marsh
of Edison. Hashing is not a race but a non-competitive group run which follows an
off-road course laid out with baking flour. If you like trail running without the
competition of a formal race, this will be a fun switch for you. This is a complex
and different course through woods, grass, swamp and marsh. Wear old running shoes.
Follow the trail to the finish.
DIRECTIONS: http://www.njlaws.com/directions_to_office.htm [http://rs6.net/tn.jsp?t=itzinfdab.0.0.be4bcacab.0&ts=S0441&p=http%3A%2F%2Fwww.njlaws.com%2Fdirections_to_office.htm&id=preview]
YouTube: http://www.youtube.com/user/kvercammen#p/search/1/hB-A7he7-bc [http://rs6.net/tn.jsp?t=itzinfdab.0.0.be4bcacab.0&ts=S0441&p=http%3A%2F%2Fwww.youtube.com%2Fuser%2Fkvercammen%23p%2Fsearch%2F1%2FhB-A7he7-bc&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Free Program! 2010 Update of the Wills and Estate Planning Seminar"
Past Clients and friends are invited to our annual Client lunch and the "2010 update
of the Wills and Estate Planning Seminar" on January 13, 2010 from 12:15-1PM or
January 14, 2010 at 5:45.
Our program will discuss how the revised NJ Probate Law made changes in Probate
and the administration of estates and trusts. Please email us if you plan on attending.
The year 2009 was an exciting year. Kenneth Vercammen was the keynote speaker for
the Annual Estate Planning Forum sponsored by the NJ Institute for Continuing Legal
Education and lectured at the American Bar Association ABA meeting on Internet Crimes.
In October, he was a speaker at the NJ State Bar Association program, "Handling
Drug, DWI & Serious Motor Vehicle Violations. Ken's son Brendan was District
wrestling champ and Region champ at 171 lbs, and daughter Shannon has an A average.
South Brunswick Varsity wrestling 2010 schedule
Wed 01/06/10 PERTH AMBOY
Thu 01/07/10 Woodbridge High School
Sat 01/09/10 @ Montgomery Township Schools
Sat 01/09/10 @ Old Bridge High School
Sat 01/16/10 Edison High School
Sat 01/16/10 Kittatinny Regional H. S.
Sat 01/16/10 Sayreville War Memorial High School
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Destruction of Video Tape may Permit DWI Defendant to Vacate Guilty Plea. State
v. Mustaro ___ NJ Super ___ (App. Div. 2009) 14-2-6169 12/14/09
The court considered defendant's appeal from the denial of a post-sentence motion
to vacate his plea of guilty to driving while intoxicated. The motion was predicated
on a claim that the state withheld exculpatory evidence, but by the time the motion
was filed the evidence - a videotape recorded by the camera in the arresting officer's
patrol car - had been destroyed through reuse in accordance with the police department's
procedures. Applying State v. Parsons, 341 N.J. Super. 448 (App. Div. 2001), and
State v. Marshall, 123 N.J. 1, 107-09 (1991), the court concluded that defendant
failed to establish that he would not have admitted to driving if he had access
to the videotape prior to the plea, and the court further concluded that the denial
of his motion was fully consistent with a proper application of the principles set
forth in State v. Slater, 198 N.J. 145 (2009).
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editorial Assistance of this email newsletter was provided by Valerie Brown. Ms.
Brown is currently participating in Kenneth Vercammen's Winter Break Internship
Program and is a senior at Muhlenberg College.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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