NJ Laws Email Newsletter E331
Kenneth Vercammen, Attorney at Law
March 31, 2010
In This Issue:
RECENT CASES:
1. PRIOR REFUSAL COUNTS FOR 3RD DWI.
2. New Trial Ordered Where Judge Conducted Questioning of Defense Expert.
3. WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR
4. FROM THE STAR LEDGER....NJ WRESTLING: MIDDLESEX COUNTY SEASON IN REVIEW.
(732) 572-0500
1. Prior Refusal Counts for 3rd DWI. State v Ciancaglini 411 NJ Super. 280 (App.
Div. 2010)
In this appeal from a DWI conviction, after prior separate DWI and refusal convictions,
this Appellate panel disagrees with the holding of State v.DiSomma 262 N.J. Super.
375 (App. Div. 1993), and hold that the prior refusal conviction does count toward
making this a third offense. The court feels this holding is consistent with a line
of cases both before and after DiSomma concluding that a prior DWI conviction counts
toward enhancement of the sentence imposed for a refusal conviction. See, e.g.,
State v. Tekel, 281 N.J.Super. 502 (App. Div. 1995). The court also held that double
jeopardy does not bar reinstatement of the sentence originally imposed in the municipal
court for a third DWI offense, which was reduced in the Law Division to a sentence
for a first DWI offense.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. New Trial Ordered Where Judge Conducted Questioning of Defense Expert. State
v. O'Brien 200 NJ 520 (2009)
Defendant was entitled to face a single adversary, the State. He should not have
had to bear the consequences of a judge who appeared to disbelieve him and his
expert witness, revealed that disbelief to the jury, and supported a witness adverse
to him. Because that conduct was clearly capable of producing an unjust result,
a new trial is in order.
3. WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR
WHEN: Wednesday April 14, 5pm &
Friday, April 16 12:15pm [Lunch & Law]
FEE:FREE
This program is limited to 15 people. Complimentary Sandwiches soda, and snacks
to pre-registered persons prior to program. Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts will also be available at no cost.
Please bring a canned food donation, which will be given to the St. James Food Bank
located on Woodbridge Avenue in Edison, NJ.
SPEAKER: Kenneth Vercammen, Esq. (Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. 2010 increases in Federal Estate and Gift Tax exemption
3. NJ Inheritance tax
4. Power of Attorney
5. Living Will
6. Administering the Estate/ Probate/Surrogate
7. Question and Answer
COMPLIMENTARY MATERIAL:
Brochures on Wills, "Answers to Questions about Probate" and Administration of an
Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Co-Sponsor: Middlesex County Estate Planning Council
To attend or for Information:
Mike McDonald 732-572-0500
or email: kenvnjlaws@verizon.net [mailto:kenvnjlaws@verizon.net]
Can't attend? We can email you materials, Send email to: kenvnjlaws@verizon.net
[mailto:kenvnjlaws@verizon.net]
Instructor: Kenneth Vercammen, Esq. of Edison (Co-Author- NJ Elder Law & Probate)
COMPLIMENTARY MATERIAL:
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, Power of Attorney, Living Wills, Inheritance taxes, making estate administration
easier, revocable trusts, irrevocable trusts 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
You can also subscribe to the free email Elder Law newsletter by visiting the website,
or sending an email to Kenvnjlaws@verizon.net [mailto:Kenvnjlaws@verizon.net]
4. From the Star Ledger...NJ WRESTLING: Middlesex County Season in Review.
Broken Records: South Brunswick eclipsed a team record by piling up 18 victories
this season, snapping the previous mark of 17 victories, and could have had more
if it were not for five weather-related match cancellations.
Brendan Vercammen, a 171-pound senior who collected a fifth-place finish in the
state tournament, captained the team with seniors Frank Capraro (125 pounds) and
Jeff Goldhagen (189), who each placed third at District 20.
Vercammen was second in Region 5 and won the District 20 title."As you coach, you
tell the kids that chemistry is a very important thing, and these guys let the team
know what the expectations were," said South Brunswick coach Joe Dougherty. "We
had a lot of sophomores in the lineup, and our seniors were outstanding with them."
http://highschoolsports.nj.com/news/article/-1239252879774650508/nj-wrestling-middlesex-county-season-in-review/
[http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fhighschoolsports.nj.com%2Fnews%2Farticle%2F-1239252879774650508%2Fnj-wrestling-middlesex-county-season-in-review%2F&id=preview]
NJ Wrestling: All-area and all-prep individual honors
ALL MIDDLESEX FIRST TEAM
103 Anthony Ashnault, South Plainfield
112 Troy Heilmann, South Plainfield
119 Heriberto Quintana, Perth Amboy
125 Ray DeLaNuez, Edison
130 Scott DelVecchio, South Plainfield
135 Sam Emburgia, Monroe
140 Conor Hayes, Old Bridge
145 Ryan Sacco, South Plainfield
152 David Saley, Monroe
160 Frank Bozzomo, Middlesex
171 Brendan Vercammen, SouthBrunswick
189 Mike Wagner, South Plainfield
215 Marc Tyson, Monroe
HWT Ryan Moskwa, Perth Amboy
http://highschoolsports.nj.com/news/article/-1310094831504798623/nj-wrestling-all-area-and-all-prep-individual-honors/
[http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fhighschoolsports.nj.com%2Fnews%2Farticle%2F-1310094831504798623%2Fnj-wrestling-all-area-and-all-prep-individual-honors%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editorial Assistance was provided by Jessica Puntorno. Ms. Puntorno, a 2006 Rutgers'
University Graduate, is currently interning at Kenneth Vercammen and Associates,
P.C. and is pursuing a career as a Paralegal.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editor's Note and Disclaimer:
All materials Copyright 2010. You may pass along the information on the NJ Laws
Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com [http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Frs6.net%2Ftn.jsp%3Ft%3D9qkutlcab.0.0.be4bcacab.0%26ts%3DS0332%26p%3Dhttp%253A%252F%252Fnjlaws.com%252F%26id%3Dpreview&id=preview]
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court
and Federal District Court
Facebook: http://www.facebook.com/kenneth.vercammen?ref=name [http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.facebook.com%2Fkenneth.vercammen%3Fref%3Dname&id=preview]
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fnjcriminallaw.blogspot.com%2F&id=preview]
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fnjlawspersonalinjury.blogspot.com%2F&id=preview]
NJ Elder Law Blog - http://elder-law.blogspot.com/YouTube Videos on Various Legal
Topics: http://www.youtube.com/user/kvercammen [http://r20.rs6.net/tn.jsp?t=xofhopdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.youtube.com%2Fuser%2Fkvercammen&id=preview]
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Kenneth Vercammen Law Office | 2053 Woodbridge Avenue | Edison | NJ | 08817
Wednesday, April 28, 2010
NJ Laws Email Newsletter E333
NJ Laws Email Newsletter E333
Kenneth Vercammen, Attorney at Law
April 28, 2010
In This Issue:
1. Federal Estate Tax Rules Changed Radically in 2010
RECENT CASES...
2. AG use of force reports are public records
3. Exigent circumstances may allow search of car
4. New NJ Traffic Violation Takes Effect for Failure of Motorists to Stop for Pedestrians
5. Next events
6 Join the Edison Community Pool
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Office Phone Number: (732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1. Federal Estate Tax Rules Changed Radically in 2010
By Saul Simon
Here some information on 2010's estate tax reform:
As you may have heard, the federal estate tax rules changed radically in 2010, and
could change radically again in 2011 unless Congress passes new legislation. This
letter is intended to advise you of what has happened and encourage you to contact
us, so we can work with you and your tax advisor to tailor a particular estate plan
that will work best for you.
Estate planning practitioners almost universally expected Congress to carry the
2009 estate tax rules across 2010. However, unexpectedly in December the House
failed to act on a one year extension and instead sent the Senate a bill to make the 2009 rules permanent. Because the Senate was focused on health care and there was broad disagreement in the Senate on what to do with estate taxes, Congress enacted
no changes. Thus, effective as of January 1, 2010, there is no federal estate or
generation-skipping tax (GST). The generation-skipping tax (GST) is an additional
that is imposed on some asset transfers, including assets transferred directly from
a grandparent to a grandchild.
Congress's failure to adopt estate tax legislation in 2009 and the possibility that
changes will not be adopted during 2010, radically change the estate planning considerations of many clients.
The following is a summary of the current estate and gift tax law:
·In 2009, the estate and GST exemptions increased to $3.5 million per decedent,
with a flat 45% estate and GST tax rate on any excess. The gift tax exemption was
$1.0 million, with tax rates from 41% to 45%.
·In 2010, the federal estate and GST taxes were repealed for one year. The gift
tax $1.0 million exemption remained, with a lower flat tax rate of 35%. Thus, you
have to die or pay gift tax to get the benefit of the change. The step-up in basis
rules (which gave a "fresh-start" fair market basis for most assets of a decedent)
was replaced with an adjusted carry-over basis. These new basis rules permit a
step-up in basis of up to $1.3 million, plus an additional $3.0 million for certain
spousal transfers at death.
·Unless Congress enacts new legislation in 2010, then on January 1, 2011, a number
of automatic changes occur to the federal tax code, including:
·The estate tax exemption drops to $1.0 million per decedent.
·The estate tax rate increases (e.g., 55% above $3.0 million and 60% above $10 million).
·States which remain "coupled" to the federal estate tax will have their state death
taxes restored. Thus, if you own property in one of these coupled states, you could
have new exposure to a state estate tax.
·The fair market value step up in basis returns for assets passing from a decedent.
·The top income tax rates go up by at least 4.6%, capital gain tax rates go up by
up to 5% and dividend tax rates go up by up to 24.6%.
No matter what happens to the estate tax, tax increases are looming. A $12+ trillion
deficit is projected for the next decade. The Congressional Budget Office indicates
that the Social Security trust fund will pay out more then it receives starting
in 2011 or 2012. Taxes will have to increase across a broad range of Americans.
Saul M. Simon CFP®, CFS, RFC -
Private Wealth Advisor Simon Financial Group
333 Thornall St. Suite 9 B Edison , NJ 08837
Phone: 732-623-2070
Fax: 732-623-2088
simonsays@LFG.comwww.saulsimon.com [mailto:simonsays@LFG.comwww.saulsimon.com]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Cases...
2. AG use of force reports are public records O'Shea v West Milford 410 NJ Super.
371 (App. Div. 2010)
The Attorney General's guidelines, policies and procedures requiring the completion
of "Use of Force Reports" (UFRs) and their maintenance in the files of police departments have the force of law for police entities, rending such documents accessible under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. Therefore, UFRs do not qualify, generically, under the "criminal investigatory records" exception of OPRA.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Exigent circumstances may allow search of car State v Lewis __ NJ Super. ___
(App. Div. 2010) A-2066-08T4 (2-08-10)
Where police stopped vehicle at night in a neighborhood known for drug sales based on evidence providing probable cause to believe vehicle contained drugs, persons other than the occupants who also had reason to believe the vehicle contained drugs may have had access to the vehicle, and there was a substantial question whether other police officers would have been available to detain the occupants while an application was made for a warrant, the State established the exigent circumstances required to justify a search of the vehicle under the automobile exception to the warrant requirement. Moreover, the validity of the search was not affected by the fact that drugs were found in a closed leather case because, when the automobile exception applies, the police may search every part of the vehicle and its contents that may conceal the object of the search.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. New NJ Traffic Violation Takes Effect for Failure of Motorists to Stop for Pedestrians
By Blair Lane, Esq.
Effective Thursday April 8, 2010 a new law in New Jersey requires motorists to stop
and remain stopped for pedestrians in a crosswalk. The old law only required that
motorists yield or slow down for pedestrians. The new law brings mandates that
drivers must stop and remain stopped for pedestrians at intersections and crosswalks.
Pedestrians, in turn, must use due care and not jaywalk or step into traffic outside
of those crossing points.
NJSA 39:4-36 states:
(1) The driver of a vehicle shall stop and remain stopped to allow a pedestrian
to cross the roadway within a marked crosswalk, when the pedestrian is upon, or
within one lane of, the half of the roadway, upon which the vehicle is traveling
or onto which it is turning. As used in this paragraph, "half of the roadway" means
all traffic lanes conveying traffic in one direction of travel, and includes the
entire width of a one-way roadway.
Motorists who violate the law face a $200 fine, plus court costs and 2 points on
their license. They can also be subject to 15 days of community service and insurance
surcharges.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. Next events:
Comedy Night Friday, April 30, 2010; 8:30 pm
Live from Howard Sterns "MISERABLE MEN's SHOW,"
The Rev. Bob Levy, Shuli, Paul Dellangelo and Beetlejuice.
Tickets are $25 per person, snacks and munchies included. This is definitely an
over 21 show. Get tickets at the Edison Elks Lodge.
May 1
Muddy Marathon and 6 mile trail run Craigmeur.
The Half-Marathon starts at 10:00 AM. Two loops of the delightfully scenic course.
The Quarter - Marathon starts at 12:00 PM. One loop of 6.55 miles Post Drink Refreshment will be supplied by Cricket Hill Brewery.
http://sites.google.com/site/xxctrailseries/
Local Directions - 1175 Green Pond Road, Newfoundland, NJ 07435
May 2
NJ Marathon and Relay- Long Branch Relay- Start Time: 9:00am Start/Finish Location:
On the Long Branch ocean Promenade near the Hotel, the Ocean Place Resort & Spa.
Monday, May 3, 2010
RECENT CHANGES IN MUNICIPAL COURT LAW: 2010 - NJ Law Center New Brunswick
5:30 PM to 9:00 PM
New Jersey Law Center, New Brunswick
Speakers include:
HON. JOAN ROBINSON GROSS, PJMC
(Union County) Chair, Supreme Court Municipal Practice Committee (Union County)
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Chair, ABA Elder Law Committee
Past GP Solo Section Attorney of the Year
2006 NJSBA Municipal Court Practitioner of the Year
K. Vercammen & Associates
NORMA M. MURGADO, ESQ.
Chief Prosecutor (Elizabeth)
Assistant Prosecutor (Woodbridge)
JOHN MENZEL, ESQ.
Moore & Menzel
WILLIAM G. BRIGIANI, ESQ.
Brigiani, Cohen & Schneider
This informative guide to Municipal Court practice and procedure will familiarize
you with the most recent developments affecting cases that are heard in Municipal
Court.
An authoritative panel of experienced attorneys will be joined by a Presiding Municipal
Court Judge to explore a wide variety of matters that you are likely to encounter.
They will also bring you up to date on recent developments you need to understand
in order to effectively represent your clients.
Program Preview:
· 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
· Recent developments in traffic law, merged traffic tickets and more
· DWI and Chun
· Ask the Experts
Tuition fees Reg. Fee Reg. Type Seminar # S1507-15378
Register by 3/31/10 $109.00 EB
GENERAL TUITION (REG) $169.00 REG
NJICLE SEASON TICKETS (STX) 1 Season Ticket(s) STX
MEMBERS, CO-SPONSORING SECTION (COS) $119.00 COS*
MEMBERS, NJSBA (NJB*) $129.00 NJB*
MEMBERS, NJSBA YLD (YLD*) $119.00 YLD*
Recent admittees (past 2 years) (YL) $145.00 YL
Paralegals (PAR) $119.00 PAR
Law Students (with Student ID) (STU) $0.00 STU
Full Time Judges (JUD) $0.00 JUD
Seminar number S1507-15379
Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young
Lawyers' Division
DOOR REGISTRATIONS: $189
Advance registration closes at noon of the day preceding the program. After that
time you may still register, space permitting, for the Door Registration Fee. PLEASE
CALL FIRST to confirm the seminar schedule and space availability.
New Jersey Institute for Continuing Legal Education
The non-profit continuing education service of:
The New Jersey State Bar Association
Rutgers - The State University of New Jersey
Seton Hall University
One Constitution Square
New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383 · CustomerService@njicle.com
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
6 Join theEdison Community Pool now and save!
The Metuchen Branch YMCA and the Edison Elks are once again pleased to co-sponsor
the Edison Community Pool, located on Old Post Road in Edison. They look forward
to serving the South Edison Community and surrounding areas this summer, 2010.
Facilities
The newly renovated Edison Community Pool located on Old Post Road in South Edison
is surrounded by a wooded picnic area. The facility boasts a 25 yard, 4-lane pool,
water slide and a kiddie pool for youngsters. Bathrooms with showers and a snack
area with vending machines are conveniently located around the pool area. A sand-filled
volleyball court, basketball courts and playground make this swim club a place for
family fun.
Dates and Hours of Operation
The Edison Community Pool will open for members on weekends beginning Saturday,
May 29 through June 16 from 11:00 am-8:00 pm and Sundays from 12-8pm. Beginning,
June 17, the pool will be open weekdays from 12:00 pm-8:00 pm through Labor Day,
September 6.
Register by April 30th, And Save!
$50 for previous members or returning Family Members
$25 for previous members or returning Seniors and Individuals
10% Discount for YMCA Members
20% Discount for Elks Members
Membership Type
(Proof of age may be required at the discretion of YMCA management)
Family $365
2 adults sharing a household with dependent children under the age of 22 years with
proof of full-time college student status as of 5/1/09. Multiple families living
in one dwelling will require separate family memberships.
Family Plus $420
Same as above plus one additional person who permanently resides with the family
(grandparent, aunt, uncle, au pair, etc)
*Proof of residence required
Individual $200
Senior Citizen $135 (Any resident over 65 years of age)
Senior Couple $220 (2 senior citizens over 65 years of age residing in a single
residence)
Swim Team Program Fee: 1 Child $50.00 or family rate $70.00
Active Edison Elk #2487 lodge members receive a 20% discount and Metuchen Branch
YMCA members are entitled to a 10% discount. Valid membership cards are required
to receive an in-person discount at time of registration.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Kenneth Vercammen, Attorney at Law
April 28, 2010
In This Issue:
1. Federal Estate Tax Rules Changed Radically in 2010
RECENT CASES...
2. AG use of force reports are public records
3. Exigent circumstances may allow search of car
4. New NJ Traffic Violation Takes Effect for Failure of Motorists to Stop for Pedestrians
5. Next events
6 Join the Edison Community Pool
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Office Phone Number: (732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1. Federal Estate Tax Rules Changed Radically in 2010
By Saul Simon
Here some information on 2010's estate tax reform:
As you may have heard, the federal estate tax rules changed radically in 2010, and
could change radically again in 2011 unless Congress passes new legislation. This
letter is intended to advise you of what has happened and encourage you to contact
us, so we can work with you and your tax advisor to tailor a particular estate plan
that will work best for you.
Estate planning practitioners almost universally expected Congress to carry the
2009 estate tax rules across 2010. However, unexpectedly in December the House
failed to act on a one year extension and instead sent the Senate a bill to make the 2009 rules permanent. Because the Senate was focused on health care and there was broad disagreement in the Senate on what to do with estate taxes, Congress enacted
no changes. Thus, effective as of January 1, 2010, there is no federal estate or
generation-skipping tax (GST). The generation-skipping tax (GST) is an additional
that is imposed on some asset transfers, including assets transferred directly from
a grandparent to a grandchild.
Congress's failure to adopt estate tax legislation in 2009 and the possibility that
changes will not be adopted during 2010, radically change the estate planning considerations of many clients.
The following is a summary of the current estate and gift tax law:
·In 2009, the estate and GST exemptions increased to $3.5 million per decedent,
with a flat 45% estate and GST tax rate on any excess. The gift tax exemption was
$1.0 million, with tax rates from 41% to 45%.
·In 2010, the federal estate and GST taxes were repealed for one year. The gift
tax $1.0 million exemption remained, with a lower flat tax rate of 35%. Thus, you
have to die or pay gift tax to get the benefit of the change. The step-up in basis
rules (which gave a "fresh-start" fair market basis for most assets of a decedent)
was replaced with an adjusted carry-over basis. These new basis rules permit a
step-up in basis of up to $1.3 million, plus an additional $3.0 million for certain
spousal transfers at death.
·Unless Congress enacts new legislation in 2010, then on January 1, 2011, a number
of automatic changes occur to the federal tax code, including:
·The estate tax exemption drops to $1.0 million per decedent.
·The estate tax rate increases (e.g., 55% above $3.0 million and 60% above $10 million).
·States which remain "coupled" to the federal estate tax will have their state death
taxes restored. Thus, if you own property in one of these coupled states, you could
have new exposure to a state estate tax.
·The fair market value step up in basis returns for assets passing from a decedent.
·The top income tax rates go up by at least 4.6%, capital gain tax rates go up by
up to 5% and dividend tax rates go up by up to 24.6%.
No matter what happens to the estate tax, tax increases are looming. A $12+ trillion
deficit is projected for the next decade. The Congressional Budget Office indicates
that the Social Security trust fund will pay out more then it receives starting
in 2011 or 2012. Taxes will have to increase across a broad range of Americans.
Saul M. Simon CFP®, CFS, RFC -
Private Wealth Advisor Simon Financial Group
333 Thornall St. Suite 9 B Edison , NJ 08837
Phone: 732-623-2070
Fax: 732-623-2088
simonsays@LFG.comwww.saulsimon.com [mailto:simonsays@LFG.comwww.saulsimon.com]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Recent Cases...
2. AG use of force reports are public records O'Shea v West Milford 410 NJ Super.
371 (App. Div. 2010)
The Attorney General's guidelines, policies and procedures requiring the completion
of "Use of Force Reports" (UFRs) and their maintenance in the files of police departments have the force of law for police entities, rending such documents accessible under the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 to -13. Therefore, UFRs do not qualify, generically, under the "criminal investigatory records" exception of OPRA.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Exigent circumstances may allow search of car State v Lewis __ NJ Super. ___
(App. Div. 2010) A-2066-08T4 (2-08-10)
Where police stopped vehicle at night in a neighborhood known for drug sales based on evidence providing probable cause to believe vehicle contained drugs, persons other than the occupants who also had reason to believe the vehicle contained drugs may have had access to the vehicle, and there was a substantial question whether other police officers would have been available to detain the occupants while an application was made for a warrant, the State established the exigent circumstances required to justify a search of the vehicle under the automobile exception to the warrant requirement. Moreover, the validity of the search was not affected by the fact that drugs were found in a closed leather case because, when the automobile exception applies, the police may search every part of the vehicle and its contents that may conceal the object of the search.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. New NJ Traffic Violation Takes Effect for Failure of Motorists to Stop for Pedestrians
By Blair Lane, Esq.
Effective Thursday April 8, 2010 a new law in New Jersey requires motorists to stop
and remain stopped for pedestrians in a crosswalk. The old law only required that
motorists yield or slow down for pedestrians. The new law brings mandates that
drivers must stop and remain stopped for pedestrians at intersections and crosswalks.
Pedestrians, in turn, must use due care and not jaywalk or step into traffic outside
of those crossing points.
NJSA 39:4-36 states:
(1) The driver of a vehicle shall stop and remain stopped to allow a pedestrian
to cross the roadway within a marked crosswalk, when the pedestrian is upon, or
within one lane of, the half of the roadway, upon which the vehicle is traveling
or onto which it is turning. As used in this paragraph, "half of the roadway" means
all traffic lanes conveying traffic in one direction of travel, and includes the
entire width of a one-way roadway.
Motorists who violate the law face a $200 fine, plus court costs and 2 points on
their license. They can also be subject to 15 days of community service and insurance
surcharges.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. Next events:
Comedy Night Friday, April 30, 2010; 8:30 pm
Live from Howard Sterns "MISERABLE MEN's SHOW,"
The Rev. Bob Levy, Shuli, Paul Dellangelo and Beetlejuice.
Tickets are $25 per person, snacks and munchies included. This is definitely an
over 21 show. Get tickets at the Edison Elks Lodge.
May 1
Muddy Marathon and 6 mile trail run Craigmeur.
The Half-Marathon starts at 10:00 AM. Two loops of the delightfully scenic course.
The Quarter - Marathon starts at 12:00 PM. One loop of 6.55 miles Post Drink Refreshment will be supplied by Cricket Hill Brewery.
http://sites.google.com/site/xxctrailseries/
Local Directions - 1175 Green Pond Road, Newfoundland, NJ 07435
May 2
NJ Marathon and Relay- Long Branch Relay- Start Time: 9:00am Start/Finish Location:
On the Long Branch ocean Promenade near the Hotel, the Ocean Place Resort & Spa.
Monday, May 3, 2010
RECENT CHANGES IN MUNICIPAL COURT LAW: 2010 - NJ Law Center New Brunswick
5:30 PM to 9:00 PM
New Jersey Law Center, New Brunswick
Speakers include:
HON. JOAN ROBINSON GROSS, PJMC
(Union County) Chair, Supreme Court Municipal Practice Committee (Union County)
KENNETH A. VERCAMMEN, ESQ.
Past Chair, NJSBA Municipal Court Section
Chair, ABA Elder Law Committee
Past GP Solo Section Attorney of the Year
2006 NJSBA Municipal Court Practitioner of the Year
K. Vercammen & Associates
NORMA M. MURGADO, ESQ.
Chief Prosecutor (Elizabeth)
Assistant Prosecutor (Woodbridge)
JOHN MENZEL, ESQ.
Moore & Menzel
WILLIAM G. BRIGIANI, ESQ.
Brigiani, Cohen & Schneider
This informative guide to Municipal Court practice and procedure will familiarize
you with the most recent developments affecting cases that are heard in Municipal
Court.
An authoritative panel of experienced attorneys will be joined by a Presiding Municipal
Court Judge to explore a wide variety of matters that you are likely to encounter.
They will also bring you up to date on recent developments you need to understand
in order to effectively represent your clients.
Program Preview:
· 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
· Recent developments in traffic law, merged traffic tickets and more
· DWI and Chun
· Ask the Experts
Tuition fees Reg. Fee Reg. Type Seminar # S1507-15378
Register by 3/31/10 $109.00 EB
GENERAL TUITION (REG) $169.00 REG
NJICLE SEASON TICKETS (STX) 1 Season Ticket(s) STX
MEMBERS, CO-SPONSORING SECTION (COS) $119.00 COS*
MEMBERS, NJSBA (NJB*) $129.00 NJB*
MEMBERS, NJSBA YLD (YLD*) $119.00 YLD*
Recent admittees (past 2 years) (YL) $145.00 YL
Paralegals (PAR) $119.00 PAR
Law Students (with Student ID) (STU) $0.00 STU
Full Time Judges (JUD) $0.00 JUD
Seminar number S1507-15379
Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young
Lawyers' Division
DOOR REGISTRATIONS: $189
Advance registration closes at noon of the day preceding the program. After that
time you may still register, space permitting, for the Door Registration Fee. PLEASE
CALL FIRST to confirm the seminar schedule and space availability.
New Jersey Institute for Continuing Legal Education
The non-profit continuing education service of:
The New Jersey State Bar Association
Rutgers - The State University of New Jersey
Seton Hall University
One Constitution Square
New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383 · CustomerService@njicle.com
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
6 Join theEdison Community Pool now and save!
The Metuchen Branch YMCA and the Edison Elks are once again pleased to co-sponsor
the Edison Community Pool, located on Old Post Road in Edison. They look forward
to serving the South Edison Community and surrounding areas this summer, 2010.
Facilities
The newly renovated Edison Community Pool located on Old Post Road in South Edison
is surrounded by a wooded picnic area. The facility boasts a 25 yard, 4-lane pool,
water slide and a kiddie pool for youngsters. Bathrooms with showers and a snack
area with vending machines are conveniently located around the pool area. A sand-filled
volleyball court, basketball courts and playground make this swim club a place for
family fun.
Dates and Hours of Operation
The Edison Community Pool will open for members on weekends beginning Saturday,
May 29 through June 16 from 11:00 am-8:00 pm and Sundays from 12-8pm. Beginning,
June 17, the pool will be open weekdays from 12:00 pm-8:00 pm through Labor Day,
September 6.
Register by April 30th, And Save!
$50 for previous members or returning Family Members
$25 for previous members or returning Seniors and Individuals
10% Discount for YMCA Members
20% Discount for Elks Members
Membership Type
(Proof of age may be required at the discretion of YMCA management)
Family $365
2 adults sharing a household with dependent children under the age of 22 years with
proof of full-time college student status as of 5/1/09. Multiple families living
in one dwelling will require separate family memberships.
Family Plus $420
Same as above plus one additional person who permanently resides with the family
(grandparent, aunt, uncle, au pair, etc)
*Proof of residence required
Individual $200
Senior Citizen $135 (Any resident over 65 years of age)
Senior Couple $220 (2 senior citizens over 65 years of age residing in a single
residence)
Swim Team Program Fee: 1 Child $50.00 or family rate $70.00
Active Edison Elk #2487 lodge members receive a 20% discount and Metuchen Branch
YMCA members are entitled to a 10% discount. Valid membership cards are required
to receive an in-person discount at time of registration.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Wednesday, April 21, 2010
NJ Laws Email Newsletter E332
NJ Laws Email Newsletter E332
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
April 14, 2010
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
================================================================================
NJLaws.Com LINKS
Main Website with 500 [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In This Issue:
1. REMINDER Friday, April 16 12:15pm [Lunch & Law]
WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR
RECENT CASES:
2. Refusal does not merge into DWI.
3. ALCOTEST READINGS DO NOT NEED TO BE TRUNCATED TO FOUR DECIMALS
4. NEXT EVENTS
5. KENNETH VERCAMMEN, EDISON ATTORNEY AND JOHN MENZEL, ESQ. WERE SELECTED AS 2010
NJ SUPER LAWYERS IN THE CRIMINAL LAW- DWI SECTION.
6. 2009-2010 SBHS WRESTLING TEAM WAS NAMED MOST IMPROVED TEAM GROUP III & IV BY
THE GMC WRESTLING COACHES ASSOCIATION.
7. PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings Kenneth Vercammen,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1. Reminder: WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR
Friday, April 16 12:15pm [Lunch & Law]
Fee: no cost, includes sandwiches, soda, snacks and Brochures on Wills, "Probate
and Administration of an Estate", Power of Attorney, Living Wills, Real Estate
Sales for Seniors, and Trusts.
COST: Free if you pre-register. This program is limited to 15 people.
Complimentary Sandwiches to pre-registered persons prior to program.
Email:kenvnjlaws@verizon.net [mailto:kenvnjlaws@verizon.net]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Refusal does not merge into DWI. State v Eckert 410 NJ Super. 389 (App. Div.
2009)
A conviction for refusal to submit to a breath examination cannot be merged with
a DWI conviction. Such a plea agreement violated applicable merger principles as
well as the Court's Guidelines for Operation of Plea Agreements in the Municipal
Courts of New Jersey.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Alcotest readings do not need to be truncated to four decimals. State v Rivera
411 NJ Super. 492 (App. Div. 2010)
Reviewing defendant's challenge to the admission of Alcotest results relied upon
to support a per se violation of N.J.S.A. 39:4-50, the court rejected a suggested
methodology requiring the State to truncate the intermediate calculations of the
relative and absolute upper tolerance limits when discerning whether the Alcotest
readings obtained were valid. The court concluded the Supreme Court in State v.
Chun 194 N.J. 54, cert. denied, 129 S. Ct. 158, (2008) expressed no preference for
truncating the various interim calculations on Worksheet A, which would have the
resultant effect of lowering the range of tolerance below that approved by the
Court with the concomitant result of falsely increasing the number of invalid Alcotest
results, precluding justifiable prosecutions for per se violations of N.J.S.A. 39:4-50.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Next events:
April 17, 2010 Jersey Shore Relay For Special Olympics From Seaside Heights To
Asbury Park 732-681-9464 free beer! If you can't run, you can volunteer or pay
to go to party.
April 18, 2010 Rutgers Unite ½ marathon 8am
April 24, 2010 Join the Jersey Shore Animal Center Saturday, April 24th, 2010 for
the 1st Annual Beach to Bay 5K benefiting the Jersey Shore Animal Center. The 5K
will begin and end at Brick Beach 3, Route 35 North, Brick and ample free parking
is available. Registration per runner is $20.00 until April 14th and $25 thereafter.
T-shirts will be giving to the 1st 200 registered runners.
Check-in starts at 7:30AM and the run will begin at 8:30AM
For more information, please check out the Jersey Shore Animal Center website, or
contact (732) 920-1600.
April 25, 2010 Franklin Food Bank 40 mile bike
Sunday April 25, 2010
Bishop Ahr HS 40th Anniversary Mass
And Champagne Lunch
Mass 2pm
Celebrant
Reverend Monsignor Richard Brietske
(First principal of our school)
Followed by Champagne Luncheon
Catanzaro Gym
Proceeds to benefit Saint Thomas Aquinas Wing
$50.00 per person
Reservations please call
732.549.1108 x 605
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. Kenneth Vercammen, Edison Attorney and John Menzel Esq. were selected as 2010
NJ Super Lawyer in the Criminal Law- DWI section.
Of over 79,00 attorneys in New Jersey, only five were selected as Super Lawyers
in the Criminal Law- DWI category.
HOW SUPER LAWYERS ARE SELECTED
Bar associations and courts across the country have recognized the legitimacy of
the Super Lawyers selection process. Most recently, the New Jersey Supreme Court
upheld the findings of a Special Master assigned by the court to, among other things,
examine the details of our process. In his July 2008 report, the Special Master
lauded our process, stating:
"[The Super Lawyers selection process] is a comprehensive, good-faith and detailed
attempt to produce a list of lawyers that have attained high peer recognition, meet
ethical standards, and have demonstrated some degree of achievement in their field."
"Suffice to say, the selection procedures employed by [Super Lawyers] are very sophisticated,
comprehensive and complex."
"It is absolutely clear from this record that [Super Lawyers does] not permit a
lawyer to buy one's way onto the list, nor is there any requirement for the purchase
of any product for inclusion in the lists or any quid pro quo of any kind or nature
associated with the evaluation and listing of an attorney or in the subsequent advertising
of one's inclusion in the lists."
OVERVIEW
Super Lawyers selects attorneys using a rigorous, multiphase process. Peer nominations
and evaluations are combined with third party research. Each candidate is evaluated
on 12 indicators of peer recognition and professional achievement. Selections are
made on an annual, state-by-state basis.
The objective is to create a credible, comprehensive and diverse listing of outstanding
attorneys that can be used as a resource for attorneys and consumers searching for
legal counsel. Since Super Lawyers is intended to be used as an aid in the selection
of a lawyer, we limit the list to attorneys who can be hired and retained by the
public, i.e., lawyers in private practice and Legal Aid attorneys.
The Super Lawyers selection process involves three basic steps: creation of the
candidate pool; evaluation of candidates by the research department; and peer evaluation
by practice area. Only 5 percent of the lawyers in each state or region are named
Super Lawyers.
http://www.njlaws.com/superlawyer.htm [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.njlaws.com%2Fsuperlawyer.htm&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
6. 2009-2010 SBHS Wrestling Team was Named Most Improved Team group III & IV by
the GMC Wrestling Coaches Association.
Chad Capraro, Justin Lopez, Frankie Capraro, James Pagano, Justin DeAndrea, and
Jeff Goldhagen all received an Honorable Mention and Brendan Vercammen was named
to the First Team and the Coaches Association all GMC Team.
The GMC award dinner is scheduled for April 20, 2010 at the East Brunswick Elks.
South Brunswick Athletic Director Elaine McGrath will be awarded the "Dedicated
Service to Wrestling Award". If anyone is interested in attending contact Coach
Dougherty.
Brendan Vercammen will also receive the Flanagan Scholar Athlete award
From Home News:
HNT All-Area First Team Wrestling
Mar 27, 2010 |
By GREG TUFARO STAFF WRITER
BRENDAN VERCAMMEN
SOUTH BRUNSWICK
Year: Senior
Highlights: The senior became South Brunswick's third state medal winner in as many
years with a 3-2 victory over Plainfield's Dawud Hicks in the 171-pound fifth-place
final.
Vercammen ranks third all-time in victories at South Brunswick with a 97-21 career
record. He posted a 37-4 mark this season.
Vercammen won titles at the District 20, Greater Middlesex Conference and Mustang
Classic tournaments. He finished second at the Region V Tournament. Last year, Vercammen
won a region title, a district title and placed second in the GMCT.
Vercammen wrestled with an intellect that matched his physical strength, according
to his coaches.
Source: HNT All-Area First Team Wrestling [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.mycentraljersey.com%2Fapps%2Fpbcs.dll%2Farticle%3FAID%3D20103270375&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
7. PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE.
Excellent space for an Attorney, Financial Planners, Accountant, Insurance Agents,
and other Business Professionals as a 2nd location or location to meet clients in
Edison.
The offices are located on the 1st floor of the building.
connecting office approx 12.4 x 9.4
plus client use of reception room 16.6 x 7.2
$700 per month
Owner of building is local attorney, Kenneth Vercammen who handles Personal Injury,
Elder Law, and Criminal Law.
Available May 1.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editor's Note and Disclaimer:
All materials Copyright 2010. You may pass along the information on the NJ Laws
Newsletter and website, provided the name and address of the Law Office is included.
Kenneth Vercammen, Attorney at Law
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
April 14, 2010
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
================================================================================
NJLaws.Com LINKS
Main Website with 500 [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ articles and 1,000 [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
+ links [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
In This Issue:
1. REMINDER Friday, April 16 12:15pm [Lunch & Law]
WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR
RECENT CASES:
2. Refusal does not merge into DWI.
3. ALCOTEST READINGS DO NOT NEED TO BE TRUNCATED TO FOUR DECIMALS
4. NEXT EVENTS
5. KENNETH VERCAMMEN, EDISON ATTORNEY AND JOHN MENZEL, ESQ. WERE SELECTED AS 2010
NJ SUPER LAWYERS IN THE CRIMINAL LAW- DWI SECTION.
6. 2009-2010 SBHS WRESTLING TEAM WAS NAMED MOST IMPROVED TEAM GROUP III & IV BY
THE GMC WRESTLING COACHES ASSOCIATION.
7. PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
(732) 572-0500
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Greetings Kenneth Vercammen,
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
1. Reminder: WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR
Friday, April 16 12:15pm [Lunch & Law]
Fee: no cost, includes sandwiches, soda, snacks and Brochures on Wills, "Probate
and Administration of an Estate", Power of Attorney, Living Wills, Real Estate
Sales for Seniors, and Trusts.
COST: Free if you pre-register. This program is limited to 15 people.
Complimentary Sandwiches to pre-registered persons prior to program.
Email:kenvnjlaws@verizon.net [mailto:kenvnjlaws@verizon.net]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
2. Refusal does not merge into DWI. State v Eckert 410 NJ Super. 389 (App. Div.
2009)
A conviction for refusal to submit to a breath examination cannot be merged with
a DWI conviction. Such a plea agreement violated applicable merger principles as
well as the Court's Guidelines for Operation of Plea Agreements in the Municipal
Courts of New Jersey.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
3. Alcotest readings do not need to be truncated to four decimals. State v Rivera
411 NJ Super. 492 (App. Div. 2010)
Reviewing defendant's challenge to the admission of Alcotest results relied upon
to support a per se violation of N.J.S.A. 39:4-50, the court rejected a suggested
methodology requiring the State to truncate the intermediate calculations of the
relative and absolute upper tolerance limits when discerning whether the Alcotest
readings obtained were valid. The court concluded the Supreme Court in State v.
Chun 194 N.J. 54, cert. denied, 129 S. Ct. 158, (2008) expressed no preference for
truncating the various interim calculations on Worksheet A, which would have the
resultant effect of lowering the range of tolerance below that approved by the
Court with the concomitant result of falsely increasing the number of invalid Alcotest
results, precluding justifiable prosecutions for per se violations of N.J.S.A. 39:4-50.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
4. Next events:
April 17, 2010 Jersey Shore Relay For Special Olympics From Seaside Heights To
Asbury Park 732-681-9464 free beer! If you can't run, you can volunteer or pay
to go to party.
April 18, 2010 Rutgers Unite ½ marathon 8am
April 24, 2010 Join the Jersey Shore Animal Center Saturday, April 24th, 2010 for
the 1st Annual Beach to Bay 5K benefiting the Jersey Shore Animal Center. The 5K
will begin and end at Brick Beach 3, Route 35 North, Brick and ample free parking
is available. Registration per runner is $20.00 until April 14th and $25 thereafter.
T-shirts will be giving to the 1st 200 registered runners.
Check-in starts at 7:30AM and the run will begin at 8:30AM
For more information, please check out the Jersey Shore Animal Center website, or
contact (732) 920-1600.
April 25, 2010 Franklin Food Bank 40 mile bike
Sunday April 25, 2010
Bishop Ahr HS 40th Anniversary Mass
And Champagne Lunch
Mass 2pm
Celebrant
Reverend Monsignor Richard Brietske
(First principal of our school)
Followed by Champagne Luncheon
Catanzaro Gym
Proceeds to benefit Saint Thomas Aquinas Wing
$50.00 per person
Reservations please call
732.549.1108 x 605
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
5. Kenneth Vercammen, Edison Attorney and John Menzel Esq. were selected as 2010
NJ Super Lawyer in the Criminal Law- DWI section.
Of over 79,00 attorneys in New Jersey, only five were selected as Super Lawyers
in the Criminal Law- DWI category.
HOW SUPER LAWYERS ARE SELECTED
Bar associations and courts across the country have recognized the legitimacy of
the Super Lawyers selection process. Most recently, the New Jersey Supreme Court
upheld the findings of a Special Master assigned by the court to, among other things,
examine the details of our process. In his July 2008 report, the Special Master
lauded our process, stating:
"[The Super Lawyers selection process] is a comprehensive, good-faith and detailed
attempt to produce a list of lawyers that have attained high peer recognition, meet
ethical standards, and have demonstrated some degree of achievement in their field."
"Suffice to say, the selection procedures employed by [Super Lawyers] are very sophisticated,
comprehensive and complex."
"It is absolutely clear from this record that [Super Lawyers does] not permit a
lawyer to buy one's way onto the list, nor is there any requirement for the purchase
of any product for inclusion in the lists or any quid pro quo of any kind or nature
associated with the evaluation and listing of an attorney or in the subsequent advertising
of one's inclusion in the lists."
OVERVIEW
Super Lawyers selects attorneys using a rigorous, multiphase process. Peer nominations
and evaluations are combined with third party research. Each candidate is evaluated
on 12 indicators of peer recognition and professional achievement. Selections are
made on an annual, state-by-state basis.
The objective is to create a credible, comprehensive and diverse listing of outstanding
attorneys that can be used as a resource for attorneys and consumers searching for
legal counsel. Since Super Lawyers is intended to be used as an aid in the selection
of a lawyer, we limit the list to attorneys who can be hired and retained by the
public, i.e., lawyers in private practice and Legal Aid attorneys.
The Super Lawyers selection process involves three basic steps: creation of the
candidate pool; evaluation of candidates by the research department; and peer evaluation
by practice area. Only 5 percent of the lawyers in each state or region are named
Super Lawyers.
http://www.njlaws.com/superlawyer.htm [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.njlaws.com%2Fsuperlawyer.htm&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
6. 2009-2010 SBHS Wrestling Team was Named Most Improved Team group III & IV by
the GMC Wrestling Coaches Association.
Chad Capraro, Justin Lopez, Frankie Capraro, James Pagano, Justin DeAndrea, and
Jeff Goldhagen all received an Honorable Mention and Brendan Vercammen was named
to the First Team and the Coaches Association all GMC Team.
The GMC award dinner is scheduled for April 20, 2010 at the East Brunswick Elks.
South Brunswick Athletic Director Elaine McGrath will be awarded the "Dedicated
Service to Wrestling Award". If anyone is interested in attending contact Coach
Dougherty.
Brendan Vercammen will also receive the Flanagan Scholar Athlete award
From Home News:
HNT All-Area First Team Wrestling
Mar 27, 2010 |
By GREG TUFARO STAFF WRITER
BRENDAN VERCAMMEN
SOUTH BRUNSWICK
Year: Senior
Highlights: The senior became South Brunswick's third state medal winner in as many
years with a 3-2 victory over Plainfield's Dawud Hicks in the 171-pound fifth-place
final.
Vercammen ranks third all-time in victories at South Brunswick with a 97-21 career
record. He posted a 37-4 mark this season.
Vercammen won titles at the District 20, Greater Middlesex Conference and Mustang
Classic tournaments. He finished second at the Region V Tournament. Last year, Vercammen
won a region title, a district title and placed second in the GMCT.
Vercammen wrestled with an intellect that matched his physical strength, according
to his coaches.
Source: HNT All-Area First Team Wrestling [http://r20.rs6.net/tn.jsp?t=sv5kbrdab.0.0.be4bcacab.0&ts=S0471&p=http%3A%2F%2Fwww.mycentraljersey.com%2Fapps%2Fpbcs.dll%2Farticle%3FAID%3D20103270375&id=preview]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
7. PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE.
Excellent space for an Attorney, Financial Planners, Accountant, Insurance Agents,
and other Business Professionals as a 2nd location or location to meet clients in
Edison.
The offices are located on the 1st floor of the building.
connecting office approx 12.4 x 9.4
plus client use of reception room 16.6 x 7.2
$700 per month
Owner of building is local attorney, Kenneth Vercammen who handles Personal Injury,
Elder Law, and Criminal Law.
Available May 1.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Editor's Note and Disclaimer:
All materials Copyright 2010. You may pass along the information on the NJ Laws
Newsletter and website, provided the name and address of the Law Office is included.
Subscribe to:
Posts (Atom)