2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, May 10, 2016

E 491 1. Organ and Tissue Donation and Transplantation helpful information. 2. Recent cases DWI Refusal notice withstands challenge 3. Sup Mt denied where police looking in house for missing dementia patient found pot plants State v Mordente

E491   News

1. Organ and Tissue Donation and Transplantation helpful information.
When is Organ Donation Awareness Month?
National Donate Life Month is April.  Every day in April, people across the U.S. make a special effort to celebrate the tremendous generosity of those who have saved lives by becoming organ, tissue, marrow, and blood donors and to encourage more Americans to follow their fine example. The celebration commemorates those who have received or continue to wait for life saving transplants and honors those who died while waiting.

    Who can be a donor? People of all ages and medical histories should consider themselves potential donors. Your medical condition at the time of death will determine what organs and tissue can be donated.   
      Does my religion support organ and tissue donation? Every major religion in the United States supports organ and tissue donation as one of the highest expressions of compassion and generosity.   

     Is there a cost to be an organ, eye and tissue donor? There is no cost to the donor's family or estate for donation. The donor family pays only for medical expenses before death and costs associated with funeral arrangements.
        Does my social and/or financial status play any part in whether or not I will receive an organ if I ever need one? No.  When you are on the transplant waiting list for a donor organ, what really counts is the severity of your illness, body size, tissue type, blood type and other important medical information.   

       Why should I register to be an organ and tissue donor? Organ and tissue transplants offer patients a new chance at healthy, productive, and normal lives and return them to their families, friends and communities.  To learn more or to register to become an organ and tissue donor, visit www.NJSharingNetwork.org. Also contact your attorney to have a Living Will/ Advance Directive prepared

2. Recent cases DWI Refusal notice withstands challenge
State v Quintero __ NJ Super __(App. Div. 2016)
The court affirms defendant's de novo conviction for refusal to submit to a breath test, N.J.S.A. 39:4-50.4a. Defendant argues that the Attorney General's current standard statement under N.J.S.A. 39:4-50.2(e) is fundamentally deficient for not specifying the mandatory minimum penalties for refusal. In State v. O'Driscoll, 215 N.J. 461, 479-480 (2013), the Supreme Court noted, but declined to address, the sufficiency of the standard statement.
The court hold that the current standard statement satisfies the statutory mandate — that is, informing motorists and impelling compliance — by adequately informing drivers of the maximum potential license revocation and fine, and the possibility of ignition interlock, that they face for refusal. In so ruling, The court note that adding other details, including the differing mandatory minimum and maximum penalties for first offenders, second offenders, and certain third offenders, may run the risk of submerging the most significant penalties in those details.

3. Sup Mt denied where police looking in house for missing dementia patient found pot plants State v Mordente __ NJ Super.__ (App. Div. 2016) A-5838-13T1 
The court affirmed the denial of a motion to suppress the evidence of marijuana plants found in the basement of a home searched as part of the police protocol for locating missing persons. The sixty-five year old missing woman in this case suffered from dementia, and was reported by her son as having left the home at some point during the night prior to the search. 
   In his dissent, Judge Fuentes opines that the police emergency aid doctrine does not justify this search under the guidelines set forth in State v. Vargas, 213 N.J. 301 (2013), and prior case law. 

    Our office paralegal Tracy Coleman will be out of the office for a while for medical reasons. We wish our valued office assistant Tracy Coleman our best wishes during this difficult time. Our thoughts and prayers are with her and her family.

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       Generations of campers and families from all walks of life have called Camp Mason their summer home since 1900, creating memories and friendships that last a lifetime. For children and young people, summer camp at Camp Mason builds confidence, self-esteem and relationships while developing independence and empathy. It’s also an opportunity to switch off, go tech-free and enjoy spending time outdoors. 
Find out more at www.campmason.org or call us on 908-362-8217.

Ken Vercammen and Chris Knigge were campers, as are our children.

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 Editorial assistance provided by Gailen Davis. Ms. Davis is participating in Kenneth Vercammen's Spring Law Clerk Internship Program and will be attending law school in the fall.
Editor's Note and Disclaimer:
All materials Copyright 2016. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

2053 Woodbridge Ave.
Edison, NJ 08817
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