2053 Woodbridge Avenue - Edison, NJ 08817

Monday, June 28, 2010

NJ Laws Newsletter E341

June 22, 2010

Greetings Kenneth Vercammen,

1. Defense counsel must advise criminal of deportation consequences. Padilla v. Kentucky 130 S. Ct. 1473 (2010)

Petitioner Padilla, a lawful permanent resident of the United States for over 40 years, faced deportation after pleading guilty to drug-distribution charges in Kentucky. In post conviction proceedings, he claims that his counsel not only failed to advise him of this consequence before he entered the plea, but also told him not to worry about deportation since he had lived in this country so long. He alleges that he would have gone to trial had he not received this incorrect advice The US Supreme Court held because counsel must inform a client whether his plea carries a risk of deportation, Padilla has sufficiently alleged that his counsel was constitutionally deficient.
2. First Amendment voids conviction for dog fight video. US v. Stevens 130 S. Ct. 1577 (2010)

The Third Circuit's reversal of defendant's conviction under 18 U.S.C. section 48 for selling videos depicting dog fighting is affirmed where section 48 was substantially overbroad, and therefore invalid under the First Amendment, because section 48 explicitly regulated expression based on content and was thus presumptively invalid.
3. NJ MVC/ DMV Surcharge Payment Incentive Program

Surcharge payment incentives are now being offered from June 15 to July 30, 2010. This seven-week program is limited to:

Satisfy judgments for non-payment
Restore installment account holders suspended for non-payment
Pay off accounts with interest-only balances
How to get a surcharge payment incentive

Most eligible drivers will receive a notification letter confirming the opportunity to take advantage of a payment incentive. Contact the collection firm listed on your notice:

NOTE: By law, drivers with outstanding surcharges related to Driving Under the Influence (DUI) convictions are not eligible for the incentive program.

If you feel you're eligible for an incentive but did not receive a letter, please contact the collection firm handling your account. If you do not have that information, contact MVC by calling (609) 292-7500 from 8:30a.m. - 4:15 p.m., Monday through Friday. Listen closely to surcharge menu options. Customer service representatives cannot discuss or arrange a specific payment incentive. You will be given contact information of the collection firm that will assist you.

Why is MVC offering payment incentives?
In January, the New Jersey Legislature introduced and passed a law (N.J.S.A. 39:2A-42) to help drivers pay off surcharge debt and get back on the road. MVC is implementing a payment incentive program to support the law.

How long will I be able to take advantage of this program?
The program begins on June 15, 2010 and ends on July 30, 2010. You need to contact the collection firm holding your account and make full payment, if requesting interest write-off, by July 30, 2010.

Is there a penalty if I don't pay off my balance during the incentive period?
No. Drivers who do not take advantage of the incentives will not be penalized.

I received the Surcharge Payment Incentive letter and I have an account statement, should I send a check for the whole balance?
No, do not send a check. First call the collection firm. The firm will review your account and advise you regarding the best incentive option. The firm will also tell you the correct payment amount and how to make the payment.

Who is eligible for surcharge incentives?
Drivers with a judgment for non-payment of surcharges due to point accumulation (6 or more points) or regulatory violations, including driving while suspended, unlicensed driver and uninsured vehicle are eligible for this program.

What is a judgment?
Based on New Jersey Statue (N.J.S.A 17:29A-35) failure to pay your surcharge debt results in an indefinite suspension of your New Jersey driving privilege. In addition, this allows the Motor Vehicle Commission to proceed with judgment action. A Certificate of Debt is filed with the Superior Court in Mercer County. When the judgment is filed, the assessment of statutory cost of collection and interest are included in each judgment issued.

Who is not eligible?
Drivers with an active Driving Under the Influence (DUI) surcharge judgment or refusal to take breathalyzer test. Drivers making surcharge payments on a non-judgment account are also not eligible. More info at:

Name Phone Hours (EDT)
LDC Collection Systems (609) 557-5970 8 a.m.-8 p.m.; M-F
GC Services (866) 318-4222 Noon-9 p.m.; Mon & Thu
9 a.m.-6 p.m.; Tue,Wed,Fri
Goldman & Warshaw (973) 433-2199 8 a.m.-5 p.m.; M-F
Marvel & Maloney (732) 918-7600 8:30 a.m.-5 p.m.; M-F
Weinstock & O'Malley (908) 735-4117 8:30 a.m.-5 p.m.; M-F

4. Next Events:

Saturday, June 26, 2010
Brendan Vercammen graduation party for friends and family. Brendan graduates from South Brunswick HS as a county champion in 3 sports, 3rd all time in school history in wrestling wins, 800/800 in math SAT and 3.7 GPA. He is attending University of Miami on academic scholarship, plus recipient of Edison Elks scholarship, Viking Athletic club scholarship and wrestling Officials scholarship.

Sunday, June 27, 2010
USTAF masters championship 5K 9am Vista Park, [near Toms River], Very well run shore area event.

Editorial Assistance provided by Daniel Ma, who attends Brown University. Mr. Ma is participating in Kenneth Vercammen’s Summer Internship Program.