NJ Laws Email Newsletter E331
Kenneth Vercammen, Attorney at Law
March 31, 2010
In This Issue:
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.
1. Prior Refusal Counts for 3rd DWI. State v Ciancaglini 411 NJ Super. 280 (App.
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]
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.
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
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: firstname.lastname@example.org [mailto:email@example.com]
Can't attend? We can email you materials, Send email to: firstname.lastname@example.org
Instructor: Kenneth Vercammen, Esq. of Edison (Co-Author- NJ Elder Law & Probate)
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."
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
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
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
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NJ Elder Law Blog - http://elder-law.blogspot.com/YouTube Videos on Various Legal
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