NJ Laws Email Newsletter E471

NJ LAWS EMAIL NEWSLETTER E471
Kenneth Vercammen, Attorney at Law

June 17, 2015
Greetings!
In this Issue:

1. Clients, Friends, Professionals, 5k runners, Attorneys, Law Enforcement invited to Happy Hour & Networking Social, July 17, 2015 Friday at Bar Anticipation
2. Police needed warrant for blood taking after DWI event in 2010 case, no good faith exception for police actions.
3. Ten year step down in DWI also applies to refusal.
4. 6/21 Happy Father's Dad to my Dad, Al Vercammen.  
5.  Upcoming Community Events
6.  For Rent Coffee Shop/Deli- 2045 Woodbridge Avenue, Edison, NJ 08817  Available Immediately... Price Reduced


E471
1. Clients, Friends, Professionals, 5k runners, Attorneys, Law Enforcement invited to Happy Hour & Networking Social
July 17, 2015 Friday
     at Bar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
   Free !
5:30-7:55PM Hot & Cold Buffet
   The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft & House Wine Special
     Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com
This event will also be the Kenneth Vercammen Law Office
30th Anniversary Party
"Celebrating 30 years of providing excellent service to clients and the community"
1985-2015

       Co-Sponsors are Greater Monmouth Chamber of Commerce, Monmouth County Bar Association, NJAWBO (NJ Association of Women Business Owners) Retired Police & Fire Middlesex Monmouth Local 9, NJ State Bar Association Criminal Law Section, Young Lawyers Division, Elder and Disability Law Section, Real Property, Trust and Estate Law Section, Minorities in the Profession Section MIPS, Women in the Profession Section WIPS, LGBT Rights Section, Special Civil Part Special Committee, Lakewood Chamber of Commerce, and 8 other sections and committees
     
        If your group, non-profit or organization wishes to co-sponsor the next networking happy hour, please contact:
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave. Edison, NJ 08817732-572-0500
VercammenLaw@Njlaws.com

2. Police needed warrant for blood taking after DWI event in 2010 case, no good faith exception for police actions. State v. Adkins  __ NJ __ (2015) (A-91-13).

     In this appeal of a 2010 ticket, the Court considers the application of the United States Supreme Court's decision in Missouri v. McNeely, ___ U.S. ___, 133 S. Ct. 1552, 185 L. Ed. 2d 696 (2013), to a case involving a blood draw, for purposes of determining blood alcohol content (BAC), that took place before the McNeely decision was issued.

      McNeely's pronouncement on the Fourth Amendment's requirements must apply retroactively to cases that were in the pipeline when McNeely was issued. Accordingly, the Appellate Division's judgment is reversed. The matter is remanded to allow the State and defendant the opportunity to re-present their respective positions on exigency in a hearing on defendant's motion to suppress the admissibility of the blood test results. In that hearing, potential dissipation of the evidence may be given substantial weight as a factor to be considered in the totality of the circumstances. The reviewing court must focus on the objective exigency of the circumstances faced by the officers.

3. Ten year step down in DWI also applies to refusal. State v Taylor __ NJ Super. __ (App. Div. 2015) (A-3923-13T2).

     In 2013, defendant Thomas Taylor entered a conditional guilty plea to refusal to submit to a breath test, N.J.S.A. 39:4-50.2, reserving the right "to appeal [] any and all issues, including sentencing." Although defendant had no prior convictions for refusal, he had two prior convictions for driving while intoxicated (DWI), N.J.S.A. 39-4-50, in 1985 and 1996. The trial court sentenced defendant as a "third offender," using his DWI convictions to enhance the penalty for his refusal conviction.

      On appeal, defendant argues that the "step-down" provision of the DWI statute, N.J.S.A. 39:4-50(a)(3), should apply so as to reduce his refusal conviction from a third to a second offense for sentencing purposes since it followed more than ten years after his second DWI conviction. The court agreed and held that where the penalty attendant to a driver's refusal conviction is enhanced by a prior conviction under the DWI statute, fairness dictates that it be similarly reduced by the sentencing leniency accorded a driver under the "step-down" provision of that statute when there is a hiatus of ten years or more between offenses.

4. 6/21 Happy Father's Dad to my Dad, Al Vercammen, veteran of Korean War, past president Metuchen First Aid, and a volunteer leader of the YMCA Indian Guides. As a kid one of my highlights was to sit in the Metuchen First Aid ambulance and hit the siren as we rode in the Metuchen Memorial Day parade. Dad was selected as Man of the Year by the Metuchen Jaycees for his volunteer work. Dad and mom traveled to Scranton while I was in college to see Mike Brennan and I win a race for the University of Scranton Varsity Cross-Country team. We enjoy spending time every Memorial Day, 4th of July and Labor Day at their Poconos Lake house, plus their Active Adult Community Pool in Jackson on Father's Day.

5. Upcoming Events:

6/27 Union Beach 5k

6/28  Lager Run 5k Glen Ridge 5pm free beer

6. For Rent Coffee Shop/Deli- 2045 Woodbridge Avenue, Edison, NJ 08817  Available Immediately... Price Reduced
Great Store Front On Corner Lot. Great Location For A New Deli, Coffee Shop Or other Personal Service Business. New tile floor, freshly painted, and other recent remodeling.  Approximately 700 Sq. Ft.   Reduced to $1500 per month.  For more information or to schedule a time to see space please contact:


http://michaelmcdonaldrealestateblog.blogspot.com/2015/04/for-commercial-lease-2045-woodbridge.html
Listed by:
Michael McDonald, Realtor
Keller Williams Elite
481 Memorial Parkway
Metuchen, NJ 08840
732-429-8707
Editor's Note and Disclaimer:
All materials Copyright 2015. 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

NJ Laws Email Newsletter E470

NJ LAWS EMAIL NEWSLETTER E470
Kenneth Vercammen, Attorney at Law

June 4, 2015
Greetings!
In this Issue:
1. Recent Cases: Municipal Court improperly admitted into evidence Drinking Driving Questionnaire (DDQ) and Drinking Driving Report (DDR).  
2.  2015 update Wills and Estate Planning- Free Seminar-Last Seminar for the Summer  
3.  Professionals, Clients, 5k runners, Friends, Attorneys, Law Enforcement invited to Happy Hour & Networking Social July 17, 2015
4.  Upcoming Community Events

E470
1.  Municipal Court Improperly Admitted into Evidence Drinking Driving Questionnaire (DDQ) and Drinking Driving Report (DDR). State v. Kuropchak __ NJ __ (2015) (A-41-13).

  The municipal court's admission of the Alcotest results without the foundational documents required by State v. Chun, 194 N.J. 54 (2009) was error. Further, because the DDQ and DDR contained inadmissible hearsay, which may have unduly influenced the municipal court's credibility findings, the matter is remanded for a new trial.
    At trial, Gary Aramini, an Alcotest expert, and Officer Serritella testified. Aramini said that the tests were done improperly and that the State had failed to enter the right simulator solution Certificate of Analysis and the most recent Calibrating Unit New Standard Solution Report into evidence. He also testified that Officer Brito failed to wait the required twenty minutes between the second and third set of tests and that lip balm, blood in defendant's mouth, and a cell phone in the testing room may have tainted the results. The court admitted the Drinking Driving Questionnaire (DDQ) and Drinking Driving Report (DDR) into evidence as business records. The court also admitted Officer Brito's Alcotest Operator Certification, the Alcotest Calibration Certificate, Part I -- Control Tests, the Alcotest Calibration Certificate, Part II -- Linearity Tests, the Calibrating Unit New Standard Solution Report for solution control lot number 08J060, and a Certificate of Analysis 0.10 Percent Breath Alcohol Simulator Solution. This Certificate was admitted without objection; however, the State concedes that it was for lot 09D065 rather than 08J060, which was the simulator solution used in defendant's control test.
      HELD: The municipal court's admission of the Alcotest results without the foundational documents required by State v. Chun, 194 N.J. 54 (2009) was error. Further, because the DDQ and DDR contained inadmissible hearsay, which may have unduly influenced the municipal court's credibility findings, the matter is remanded for a new trial.

2.  2015 update Wills and Estate Planning- Free Seminar                                  Last Seminar of the Summer


Wednesday June 17   12:15-1:00 PM and again  5:15pm-6pm
 Law Office of Kenneth Vercammen,
2053 Woodbridge Ave, Edison, NJ 08817

       Recommended to attend:  Clients, Friends, property owners, parents of children, Accountants, Business Owners, HR staff, Financial Planners, Insurance Agents, Nursing Home Staff, Hospital and Nursing Home Social Workers, Office on Aging Personnel, Senior Club Presidents, and Medicaid Workers,

COST: Free if you pre-register by email.Complimentary materials provided at 12:00 sharp. We previously held this seminar for the Metuchen and Edison Adult schools. This program is limited to 15 people. Please bring a canned food donation, which will be given to the Community Food Bank. Please email us if you plan on attending or if you would like us to email the materials.
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. 2015 changes in Federal Estate Taxes
3. NJ Inheritance tax $675,000
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 VercammenLaw@Njlaws.com

Can't attend?  We can email you materials
Send email to VercammenLaw@Njlaws.com

3. Professionals, 5k runners, Friends, Attorneys, Law Enforcement invited to Happy Hour & Networking Social
July 17, 2015 Friday
     at Bar Anticipation
703 16th Avenue Lake Como/ Belmar, NJ 07719
   Free !
5:30-7:55PM Hot & Cold Buffet
   The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft & House Wine Special
     Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com
       Co-Sponsors are Greater Monmouth Chamber of Commerce, Monmouth County Bar Association, NJAWBO (NJ Association of Women Business Owners)Retired Police & Fire Middlesex Monmouth Local 9, NJ State Bar AssociationCriminal Law Section, Young Lawyers Division, Elder and Disability Law Section, Real Property, Trust and Estate Law Section, Minorities in the Profession Section MIPS, Women in the Profession Section WIPS, LGBT Rights Section, Special Civil Part Special Committee, Lakewood Chamber of Commerce, and 8 other sections and committees
     
        If your group, non-profit or organization wishes to co-sponsor the next networking happy hour, please contact:
KENNETH VERCAMMEN, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
VercammenLaw@Njlaws.com

4.  Upcoming Community Events:
June 8, 2015 at 7:30pm  

Metuchen Library
Wills, Estate Planning & Probate Seminar
Free community program
480 Middlesex Ave, Metuchen, NJ 08840
http://www.metuchenlibrary.org

June  13  George Sheehan 5k, 8:30 Red Bank jsrc.org - benefiting Parker Family Clinic www.sheehanclassic.org 


June  14   Fuce 5K 8:30 Metuchen HS no awards but good cause


June 15  PRESIDENT'S CUP NIGHT RACE 5K, 8pm, Charlie Browns, Millburn Free beer, big post race party 


June 17 Summer update Wills and Estate Planning- Free Seminar first session:   12:15-1:00 PM and again 5:15pm-6pm (See Above for more details)

For Rent Coffee Shop/Deli- 2045 Woodbridge Avenue, Edison, NJ 08817  Available Immediately... Price Reduced
Great Store Front On Corner Lot. Great Location For A New Deli, Coffee Shop Or other Personal Service Business. New tile floor, freshly painted, and other recent remodeling.  Approximately 700 Sq. Ft.   Reduced to $1500 per month.  For more information or to schedule a time to see space please contact:


http://michaelmcdonaldrealestateblog.blogspot.com/2015/04/for-commercial-lease-2045-woodbridge.html
Listed by:
Michael McDonald, Realtor
Keller Williams Elite
481 Memorial Parkway
Metuchen, NJ 08840
732-429-8707
Editorial Assistance provided by Nicole Gonzalez.  Ms. Gonzalez is currently participating in Kenneth Vercammen's Summer Internship Program and obtained her Bachelor's Degree from Kean University. 
Editor's Note and Disclaimer:
All materials Copyright 2015. 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

NJ Laws Email Newsletter E469

NJ LAWS EMAIL NEWSLETTER E469 Kenneth Vercammen, Attorney at Law

Greetings!

In this Issue: 1.  Reflections on Memorial Day 2.  Recent cases: ALJ can Reduce Suspension Proposed by MVC.   3.  Lawyer Had No Duty to Disclose Client's possible Indictable Offense.  4.  Ken V is a Certified Municipal Court Law Attorney 5.  If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help. 6.  Next community events: 7.  For Rent Coffee Shop/Deli- 2045 Woodbridge Avenue, Edison, NJ 08817 Available Immediately, Price Reduced 1. Reflections on Memorial Day      Memorial Day used to be a solemn day of mourning, a sacred day of remembrance to honor those who paid the ultimate price for our freedoms. Stores and Businesses closed for the day. Towns held parades honoring the fallen, the parade routes often times ending at a local cemetery, where Memorial Day speeches were given and prayers offered up. People took the time that day to clean and decorate with flowers and flags the graves of those the fell in service to their country.       We need to remember with sincere respect those who paid the price for our freedoms; we need to keep in sacred remembrance those who died serving their country. We need to never let them be forgotten. However, over the years the original meaning and spirit of Memorial Day has faded from the public consciousness.      "If it is considered a holiday, why is it so? I consider it to be a national day of mourning. This is how we observe this day in our home. Because of what that day represents the rest of the days of the year are our holidays." -- F L Lloyd West Chester, Pa USA - February 26, 2000       I fly the Flag 365 days a year, wear a USA flag tie to court and USA flag shorts to the running races. On Memorial Day we need to stop and pay with sincere conviction our respects for those who died protecting and preserving the freedoms we enjoy, for we owe those honored dead more than we can ever repay. 2. Recent cases: ALJ can reduce suspension proposed by MVC.   Bamfo v. New Jersey Motor Vehicle Commission App. Div. unreported  docket A-1110-13T2  decided  Jan. 8, 2015  Bamfo appealed from a final decision of the Motor Vehicle Commission suspending his driver's license for 30 days because he was convicted of a moving violation while his license was on probationary status as a result of prior violations. Affirming, the panel found that the MVC had applied the applicable statutes and regulations in determining that a suspension was required because of Bamfo's record of moving violations and that the period of suspension, which had been reduced from 90 days, was an appropriate accommodation of his hardship request (that his job required that he drive and he might lose the job), and that Bamfo had provided no ground for the court to disagree with the MVC's decision.   Daily Briefing is a member benefit of the NJ State Bar Association. More benefits can be found atwww.njsba.com. 3. Lawyer Had No Duty to Disclose Client's possible Indictable Offense. State v. Kane App. Div. docket 12-07-0449  unreported  decided February 17, 2015   A lawyer whose client pleaded guilty in municipal court to the traffic offense of driving with a suspended license was not obligated to inform the judge and prosecutor that the client was subject to indictment and harsher penalties because her license had been suspended for drunken driving, a New Jersey appeals court has held. The court, however, faulted the lawyer, Steven Kaplan, for having his client, Davi Kane, later withdraw the guilty plea without explaining to her that she would lose her protection against double jeopardy and be exposed to prosecution for a fourth-degree crime carrying a minimum half-year in jail, which is what eventually occurred. Source New Jersey Law Journal  February 25, 2015 4.   Ken V is a Certified Municipal Court Law Attorney    Kenneth Vercammen passed the test to be designated as a "Certified Municipal Court Law Attorney" by the NJ Supreme Court. He is part of the first group of attorneys ever been found qualified by the Board, and authorized to designate themselves as Municipal Court Law Attorneys before the public, the bar, and the courts of this State in accordance with the Rules of this Court during their good behavior for a term of five years from the date of this Order, as announced by Stuart Rabner Court Justice. Metuchen Municipal Court help: Ken also was sworn in again as Metuchen Public Defender. Court typically sits Wednesday Night. If an attorney needs coverage Metuchen fax our office 732-572-0030 and we will try to help. 5.  If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help.       Over 1.5 million seniors live in nursing homes. Although they are entitled to receive proper care, unfortunately many suffer from severe abuse and neglect, including poor medical care, bad sanitation, and physical and verbal abuse.     If you have a loved one in a nursing home make sure he or she is being treated properly. If you think a loved one is being abused or neglected, call us. We can contact persons to help stop the wrongful conduct and obtain damages for it. 6. Next Community Events: May 22, 2015 Friday  - "Start of Summer Happy Hour with the Legends of Belmar"  Join Ken V and friends the Friday night before Spring Lake 5 race for "Legends Night" in Belmar at D'Jais 5:30 PM free food 1803 Ocean Ave, Belmar, NJ 07719 , then 7:30 Bar Anticipation 16th Ave Not a race, just social event May 23, 2015 Spring Lake 5 mile  8:30AM  free food and reduced price drinks Bar A after race benefiting Spring Lake Recreation May 30, 2105 Avon 5k, 8:30 Avon, N.J. Sponsor Wakefern/ Shoprite Reminders:        Free Cedar backyard swing set w slide, tire swing and little clubhouse. We purchased the best swing set around when my kids were young. My children are in college now. The swing set has some years and needs some repairs, but still works. Email us if interested. Pick up in North Brunswick. 7.  For Rent Coffee Shop/Deli- 2045 Woodbridge Avenue, Edison, NJ 08817  Available Immediately... Price Reduced Great Store Front On Corner Lot. Great Location For A New Deli, Coffee Shop Or other Personal Service Business. New tile floor, freshly painted, and other recent remodeling.  Approximately 700 Sq. Ft.   Reduced to $1575  per month.  For more information or to schedule a time to see space please contact: http://michaelmcdonaldrealestateblog.blogspot.com/2015/04/for-commercial-lease-2045-woodbridge.html Listed by:  Michael McDonald, Realtor Keller Williams Elite 481 Memorial Parkway Metuchen, NJ 08840 732-429-8707

NJ Laws Email Newsletter E468

NJ LAWS EMAIL NEWSLETTER E468
Kenneth Vercammen, Attorney at Law
Greetings!
In this Issue:
1. N.J. Gov. Signs Electronic Insurance Card- Proof of Auto Insurance, Reverse Rate Evasion Bills.
2. Recent Cases:
Private Prosecutor Not Permitted Unless Municipal Prosecutor Unable to Prosecute. State v Myerowitz 439 NJ Super. 341 (App. Div. 2015)
3. Court Says Pot Odor, Gun Reports Did Not Justify Search. State v. Samuell App. Div. unreported 11-07-0710 decided February 25, 2015 
4.  Next Community Events
5.  For Rent Coffee Shop/Deli

1.  N.J. Gov. Signs Electronic Insurance Card- Proof of Auto Insurance, Reverse Rate Evasion Bills
     New Jersey Gov. Chris Christie signed into law on A-3905/S-2680, which authorizes motor vehicle operators to display proof of auto insurance in either physical format (a paper insurance card provided by their insurance carrier) or electronic format (evidence of insurance provided by the carrier and displayed in an electronic form, via smartphones, tablets or other mobile devices).
     I still recommend keeping the paper insurance card in the car since other persons will drive your car. Also the police will not wait for you to find the insurance information on your IPhone.
     The legislation (An Act concerning motor vehicle insurance identification cards and amending R.S.39:3-29) also specifies that when evidence of insurance is displayed in the electronic form using mobile devices, it does not constitute consent for a police officer or judge to access any other contents on the device.

New Law Targets Reverse Rate Evasion
   Christie also signed into law on Thursday A-2281/S-1727 (An Act concerning insurance fraud and amending P.L.2003, c.89 and P.L.1983, c.320.), which includes so-called reverse rate evasion as a form of insurance fraud and provides for civil and criminal penalties.
     The measure targets residents who fraudulently obtain auto insurance in another state with lower rates, even though New Jersey is their principal residence or they principally keep the insured vehicle in New Jersey.
The new law would consider the reverse rate evasion a form of insurance fraud that violates the New Jersey Insurance Fraud Prevention Act, making it a crime of the fourth degree. The bill also specifies that reverse rate evasion constitutes a violation of the New Jersey Insurance Fraud Prevention Act, with various civil penalties and remedies provided for in that act applying to violations.
     The New Jersey Office of the Insurance Fraud Prosecutor has previously documented a growing trend of New Jersey residents insuring in North Carolina and Pennsylvania to avoid higher insurance rates.
Source:http://www.insurancejournal.com/news/east/2015/05/07/367285.htm

2. Recent Cases
Private prosecutor not permitted unless municipal prosecutor unable to prosecute State v Myerowitz 439 NJ Super. 341 (App. Div. 2015)
       Defendant appealed from the judgment of the Law Division finding him guilty of harassment after conducting a de novo review of the trial record developed in the municipal court. The Court reversed and held defendant's conviction in the municipal court was void ab initio because he was prosecuted by a private attorney who did not comply with the requirements in State v. Storm, 141 N.J. 245 (1995) and codified in Rule 7:8-7(b). Without cross-complaints from complaining witnesses there are no legal grounds to permit a private attorney to represent the State. Public policy favors prosecutions conducted by independent prosecutors. A municipal court judge should obtain an on-the-record statement confirming the prosecutor's recusal in the case. However, if the municipal prosecutor insists on proceeding with the prosecution, the prosecutor's decision should be final. Use of the form approved by the Administrative Director of the Courts is not discretionary. The questions contained therein, including the precise phraseology used, constitutes the expressed method adopted by the Supreme Court to accommodate the public policy concerns expressed in Storm.

3. Court Says Pot Odor, Gun Reports Did Not Justify Search State v. Samuell App. Div. unreported 11-07-0710 decided February 25, 2015 
    Defendant, indicted on multiple counts charging the possession of marijuana with intent to distribute and firearms offenses, appealed his conviction by guilty plea to fourth degree possession of more than 50 grams of marijuana entered after the trial court denied his motion to suppress. The panel reversed, finding that under the circumstances, the police officer contravened constitutional prohibitions when he jumped over the fence surrounding the backyard of a private residence and came up on the back porch to detain an occupant of the house who had come out on the back porch because the officer did not have probable cause to believe that that person was committing a firearms offense or an indictable marijuana offense and the officer's reasonable and articulable suspicion of criminal activity did not authorize the police to enter private property to further their investigation and the state made no showing of an exception to the warrant requirement when the officer jumped the fence. The panel concluded that because the police observation of additional evidence in plain view and the evidence seized pursuant to the search warrant were the fruits of the initial unlawful entry, the evidence should have been suppressed.  Source DailyBriefing New Jersey Law Journal February 26, 2015

4. Next community events:

May 22, 2015    Friday  - "Start of Summer Happy Hour with the Legends of Belmar"  Join Ken V and friends the Friday night before Spring Lake 5 race for "Legends Night" in Belmar at D'Jais 5:30 free food 1803 Ocean Ave, Belmar, NJ 07719 , then 7:30 Bar Anticipation 16th Ave Not a race, just social event


May 23, 2015 Spring Lake 5 mile  8:30   free food and reduced price drinks Bar A after race benefiting Spring Lake Recreation

May 30, 2015  Avon 5k, 8:30 Avon, N.J. Sponsor Wakefern/ Shoprite
North Plainfield Senior Citizens Center
J
une 2, 2015 at 11am   Wills, Estate Planning & Probate Seminar
       614 Greenbrook Road North Plainfield NJ 07060

Free Cedar backyard swing set w slide, tire swing and little clubhouse. We purchased the best swing set around when my kids were young. My children are in college now. The swing set has some years and needs some repairs, but still works. Email us if interested. Pick up in North Brunswick.

5.                                     For Rent Coffee Shop/Deli
2045 Woodbridge Avenue, Edison, NJ 08817  Available Immediately

Great Store Front On Corner Lot. Great Location For A New Deli, Coffee Shop Or other Personal Service Business. New tile floor, freshly painted, and other recent remodeling.  Approximately 600 Sq. Ft.   $1575 per month.  For more information or to schedule a time to see space please contact:

Michael McDonald, Realtor
Keller Williams Elite
481 Memorial Parkway
Metuchen, NJ 08840
732-429-8707

NJLAWS EMAIL NEWSLETTER E467

 E467

1. NJ Supreme Court Holds Municipal Court improperly admitted into evidence Drinking Driving Questionnaire (DDQ) and Drinking Driving Report.
2. Real Estate Sales  - Time to Prepare your Home for Sale 
3.  Join the Edison Community Pool Now!
4. Available Immediately For Rent Coffee Shop/Deli
2045 Woodbridge Avenue, Edison, NJ 08817
5. Wills For Heroes- Free Basic Will or Power of Attorney for Police Officers
6.  Next Seminars and Charity running events

1.  NJ Supreme Court Holds Municipal Court improperly admitted into evidence Drinking Driving Questionnaire (DDQ) and Drinking Driving Report. State v. Kuropchak __ NJ __ (A-41-13 )
The municipal court's admission of the Alcotest results without the foundational documents required by State v. Chun, 194 N.J. 54 (2009) was error. Further, because the DDQ and DDR contained inadmissible hearsay, which may have unduly influenced the municipal court's credibility findings, the matter is remanded for a new trial.

      HELD: The municipal court's admission of the Alcotest results without the foundational documents required by State v. Chun, 194 N.J. 54 (2009) was error. Further, because the DDQ and DDR contained inadmissible hearsay, which may have unduly influenced the municipal court's credibility findings, the matter is remanded for a new trial.
        1. If a municipal court convicts a defendant of DWI, the defendant must first appeal to the Law Division. The Law Division reviews the municipal court's decision de novo, but defers to credibility findings of the municipal court. 
Appellate courts should defer to trial courts' credibility findings. Occasionally, however, a trial court's findings may be so clearly mistaken that the interests of justice demand intervention and correction. 
        2. A court may convict a defendant of DWI if she registers a blood alcohol level of 0.08% or higher. This finding of guilt is subject to proof of the Alcotest's reliability. The operator must observe the subject for twenty minutes. After twenty minutes, the Alcotest machine automatically conducts a blank air test to determine if there are any chemical interferents in the room. Additionally, a control test is conducted; if the Alcotest is working properly, that control test will generate a result between 0.095 and 0.105. The State must also admit certain foundational documents: (1) the most recent calibration report prior to a defendant's test, with part I--control tests, part II--linearity tests, and the credentials of the coordinator who performed the calibration; (2) the most recent new standard solution report prior to a defendant's test; and (3) the certificate of analysis of the 0.10 simulator solution used in a defendant's control tests to prove that the Alcotest was in working order. 
        3. Here, the last semi-annual calibration was completed on January 12, 2010, with simulator solution control lot 09D065. The solution control lot for the control test performed prior to and following the three rounds of breath tests performed on defendant was solution control lot 08J060. Under Chun, the State was required to provide the Certificate of Analysis of the 0.10 Simulator Solution used in defendant's control test. The State, however, mistakenly admitted the Certificate of Analysis for the semi-annual simulator solution control lot 09D065 instead. Additionally, the most recent Calibrating Unit New Standards Solution Report was not admitted into evidence during the State's case. Given that the foundational documents were not admitted into evidence, the State presented no evidence as to the reliability or accuracy of the Alcotest results and, therefore, defendant's conviction of per se intoxication was improper. 
        4. Defendant contends that the DDR and the DDQ were admitted into evidence in violation of the Confrontation Clause. A person charged with a criminal offense has the right to confront his accusers. Officer Serritella's documentation of the incident must be considered the recordation of testimonial statements because his observations were made to establish that defendant was driving while intoxicated. Since the officer testified at trial and was extensively cross-examined, the Confrontation Clause was not violated by the admission of the DDR and DDQ. 
        5. As for defendant's contention that the DDR and DDQ are hearsay not subject to any exception, the Court observes that hearsay is inadmissible unless it fall into one of certain recognized exceptions. To qualify as a business record, a writing must: (1) be made in the regular course of business, (2) within a short time of the events described in it, and (3) under circumstances that indicate its trustworthiness. Foundational reports for breath testing, with certain qualifications, are admissible under the business record exception to the hearsay rule. Here, however, the DDR contains a narrative account of what the officer saw at the scene and includes factual statements, observations, and the officer's opinions. Thus, the DDR contains inadmissible hearsay. Although the DDQ also does not appear initially to constitute hearsay, it incorporates by reference the DWI report in the "remarks" section and the DWI report, in turn, contains several inadmissible opinions. The DDQ's content thus also rises to the level of inadmissible hearsay and must be excluded. Therefore, the DDR and the DDQ were inadmissible hearsay outside the scope of the business records exception. 
        6. Here, the municipal court heard defendant's testimony concerning the events on the day of the incident, as well as the testimony of Officer Serritella. The court found the Officer's testimony more credible than defendant's and therefore found defendant guilty. The court's credibility determinations, however, were made after the DDR and the DDQ were admitted into evidence, notwithstanding the impermissible hearsay statements they contained, and after the Alcotest results were admitted into evidence despite the lack of requisite foundational documents.
      The cumulative effect of the inclusion of the DDR, the DDQ, and the Alcotest results may have tilted the municipal court's credibility findings. Thus, the Court lacks sufficient confidence in the proceedings to sanction the result reached and concludes that the interests of justice require a new trial. It is only because of the unique confluence of events in this case - the inappropriate admission of the Alcotest results as well as the DDR and DDQ - that the Court remands for a new trial. Had the only flaw been the admission of the DDR and DDQ, which contained hearsay, Officer Serritella's testimony would have alleviated much of that problem. Here, however, the cumulative effect of the errors may have tilted the municipal court's credibility findings. 
      The judgment of the Appellate Division was REVERSED. The matter was REMANDED for a new trial.  Full opinion of case at http://www.njlaws.com/Kuropchakcase.htm

2. Real Estate Sales  - Time to Prepare your Home for Sale
   To  serve our Probate and Senior citizen clients, Kenneth Vercammen had taken and passed the NJ Real Estate Salesperson test. The examination consists of numerous questions taken over a 4-hour period after taking numerous classes.  If panning on selling a house, please call us. Even if we cannot handle the closing, we can refer you to realtors or attorneys experienced in real estate purchases or sales.

3.  Join the Edison Community Pool Now!
      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.
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.
Edison Pool Dates and Hours of Operation:

The Pool opens on weekends from Memorial Day through June 14- Hours Sat. 11am-8pm and Sun.12-8pm
    The pool will be open fro the summer starting June 14 through Labor Day

    Also available this year swim lessons for children ages 4-6 and 7-8. For details to join, contact the Y. http://www.ymcaofmewsa.org/ or call for info 732-548-2044

4. Available Immediately For Rent Coffee Shop/Deli
2045 Woodbridge Avenue, Edison, NJ 08817

Great Store Front On Corner Lot. Great Location For A New Deli, Coffee Shop Or other Personal Service Business. New tile floor, freshly painted, and other recent remodeling.  Approximately 700 Sq. Ft.   $1650 per month.  For more information or to schedule a time to see space please contact:

5. Wills For Heroes- Free Basic Will or Power of Attorney for Police Officers
To recognize National Police Week May 10-16, Kenneth Vercammen's Law Office will provide a Free Simple Will, Living Will or Power of Attorney for Central Jersey Police Officers..  
          I appreciate the service provided by police who protect my family. We want to say thank you to local police.  Please call for the free consultation and Will. Ken Vercammen is co-chair of the American Bar Association ABA Estate Planning and Probate Committee. The ABA founded the "Wills for Heroes" program. Appointments need to be scheduled by May 31.
         Ken Vercammen served as the prosecutor for Cranbury Township, Middlesex County for nine years. We established the Municipal Court Law Review to provide information on recent criminal and traffic cases to New Jersey police officers.

6.  Next Seminars and Charity running events

April  30  Hot Topics in DWI Atlantic City
Thursday, April 30, 2015
2:15 pm - 3:00 pm
NJAJ Boardwalk Seminar
   Speakers:
Jeffrey Gold, Esq. * Cherry Hill, NJ
Peter H. Lederman, Esq. * Freehold, NJ
Kenneth A. Vercammen, Esq. * Edison, NJ
https://www.facebook.com/events/646009375544467/


Saturday, May 2, 8 a.m. 5K, Harvest of Hope 5K, North Brunswick, New Jersey [Ken V finished 2nd overall]

May 6, 2015  Seminar: Remove & Expungement of Criminal Arrests and Convictions- Free Seminar from 5:00pm-5:45 https://www.facebook.com/events/635566993237148/

May 7 - Piscataway Wills Seminar 7PM at Piscataway Library


May 9, Brick 5K, 9am Brick, New Jersey

5/22/15 Friday  - "Start of Summer Happy Hour with the Legends of Belmar"  Join Ken V and friends the Friday night before Spring Lake 5 race for "Legends Night" in Belmar at D'Jais 5:30 free food 1803 Ocean Ave, Belmar, NJ 07719 , then 7:30 Bar Anticipation 16th Ave not a race, just social event
May 23/15 Spring Lake 5 mile  8:30   free food and reduced price drinks Bar A after race benefiting Spring Lake Recreation


5/30/15  Avon 5k, 8:30 Avon, N.J. Sponsor Wakefern/ Shoprite