2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, April 21, 2010

NJ Laws Email Newsletter E332

NJ Laws Email Newsletter E332
Kenneth Vercammen, Attorney at Law


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April 14, 2010
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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.
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(732) 572-0500
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Greetings Kenneth Vercammen,

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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]
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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.
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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.
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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
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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]
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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]
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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.
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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.