2053 Woodbridge Avenue - Edison, NJ 08817

Monday, December 03, 2012

E409 Recent Cases: 1. MVC should not Suspend Driver's License for Civil Out of State Pot Fine. 2. Visible evidence seized Not on NCIC System is sometimes admissible. 3. Police cant search apartment after 911 call if no danger. 4. Reminder: Kenneth Vercammen's Christmas Party/Holiday Happy Hour 5. Holiday Gift Idea... Gift Certificates for Wills or Power of Attorney 6. Other Charity Events 7. If You Are Hurt In An Accident, We Can Help.


1. MVC should not Suspend Driver's License for Civil Out of State Pot Fine.Ritz v. Motor Vehicle Commission 426 NJ Super. 608 (App. Div. 2012)

       A violation of a South Carolina statute that imposes a "civil fine" of not more than $500 upon a person who is found in possession of drug paraphernalia does not constitute a "conviction . . . for a drug offense in [another] state" under N.J.S.A. 39:5-30.13, which mandates a six-month suspension of the offender's motor vehicle license, because a violation of such a civil regulatory statute is not a "drug offense," which is defined as a violation of a law of another state that is "substantially similar in nature to the 'Comprehensive Drug Reform Act of 1987.'"

2. Visible evidence seized Not on NCIC System is sometimes admissible. State v. Harris   __ NJ ___ (A-111-10; 067929) 8-16-12  
         Items seized during a search conducted pursuant to a warrant issued under the Prevention of Domestic Violence Act can serve as the basis for a subsequent criminal prosecution if their illegal nature is immediately apparent. A firearm's serial number is visible simply by looking at the weapon. Recording that number does not constitute a seizure, and entry of that number into the NCIC system and review of the results does not constitute a search. Whether the officers could recognize immediately that the assault rifle and large capacity magazines were illegal to possess are factual determinations that must be remanded to the trial court.

3. Police cant search apartment after 911 call if no danger. State v. Edmonds 211 NJ 117 (2012)
         In responding to a 9-1-1 report of possible domestic violence, once the police officers found that there was inadequate evidence to corroborate the 9-1-1 report and determined that the parties' safety was not an issue, there was no objectively reasonable basis to search the residence under either the community- caretaking or emergency-aid exceptions to the warrant requirement and the evidence obtained through the warrantless search must be suppressed.
4. Reminder: Kenneth Vercammen's Christmas Party/Holiday Happy Hour
Friday, December 7, 2012
5:00PM - 7:00PM
at Bar Anticipation [not damaged by hurricane]
703 16th Avenue
Lake Como/ Belmar, NJ 07719
Free 5-7PM Hot & Cold Buffet with carving station
The reduced price Happy Hour is 6-7PM with $1 House Drink,
Bud/Bud Lt draft & House Wine Special

Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.

Bring a canned food donation for the St. James Food Bank Hands of Hope, which has been providing food for victims of hurricane.
More details at:
5. Holiday Gift Idea ........Gift Certificates for Wills or Power of Attorney

   During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift, which truly shows how much you care. Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done.

The Law Office of Kenneth Vercammen's Holiday special includes:

*A Simple Will without Trust
* Follow up legal advice
*2-year subscription to NJ Laws Email News
** All for only $350.00! **
Call 732-572-0500 for the Gift Certificate
Details on Wills:
Details on Power of Attorney:

6. Other Charity Events
12/2/12 Jingle Bell Run/Walk for Arthritis 5k run/walk, 10am Metuchen NJ 732-283-4300 x 329

12/2/12  RUN with the VIKINGS 5K 10:00 AM South Brunswick High School, Bob Tona's good event
12/8/12   Big Chill 5k Rutgers 9:10am New Brunswick NJ click RVRR when register ring

12/9/12` Toys for Tots 5K, 10am Freehold NJ FARC   732-431-2627
12/16/12Hashathon 6.6 Mile   Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090 11am
12/19/12 Raritan Valley Pub crawl New Brunswick, NJ

7. If You Are Hurt In An Accident, We Can Help

 If you are hurt in a car, slip and fall or other type of accident, please call us. We are dedicated to providing the highest quality of legal representation to accident victims. We represent accident victims only - Not insurance companies. We Will fight for your rights and try to resolve your claim as fast as possible, with the goal being to obtain the maximum compensation for you. We offer a free, no-obligation consultation.