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
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
