NJ LAWS EMAIL NEWSLETTER E540
Kenneth Vercammen, Attorney at Law
May 9, 2018
E540
In this Issue: Happy Mother's Day!
1. Police could not stop for only one broken taillight.
2. Confession suppressed where Spanish translation not accurate.
3. Charity running events
4. Marketing and Ethics in Your Practice
5. Thank you Spring 2018 Law Clerks
6. Edison Elks Community Pool Applications available at the Pool.
Happy Mother's Day...
May 13 Happy Mother's Day Carol Vercammen and all moms. My mom grew up in the Bronx to hardworking Irish- German parents. Our Higgins ancestors came to the USA from Ireland after the potato famine. My parents moved to Edison in 1962. Mom was very active in St. Francis School Metuchen's PTA, scouts and other activities, plus Metuchen First Aid squad. We enjoyed 28 years of summer holidays at the Pocono house. Mom continues to attend the grandchildren and our family events.
1. Police could not stop for only one broken taillight. State v. Sutherland. NJ Supreme Court
The Appellate Division erred in concluding that the holding in State v Heienis applicable here. The motor vehicle statutes pertinent here are not ambiguous. The officer's stop of defendant's motor vehicle was not an objectively reasonable mistake of law that gave rise to constitutional reasonable suspicion; the stop was therefore unconstitutional.
Defendant's traffic stop was premised on perceived violations of two statutes. The statutes read together require that a motor vehicle only have two working rear lamps, with at least one working lamp on each side. See N.J.S.A. 39:3-61(a); N.J.S.A. 39:3-66. N.J.S.A. 39:3-66 mandates that the lamps "required by this article" must be kept in good working order. The statutes require one working taillight on each side of a vehicle. Thus, if a vehicle has two taillights on each side of the vehicle-more than the law requires-and one of those multiple taillights on one side is not working, a violation of N.J.S.A. 39:3-61(a) and -66, as was assumed and charged here, has not occurred. The officer's erroneous application of the functioning taillight requirement was not an objectively reasonable mistake of law. This case does not present a basis for considering the application of Heien. Simply put, this was not a good stop. The judgment of the Appellate Division, premised on an application of Heien to the stop in this matter, is reversed.
The State also asserted community caretaking as an alternative basis to support the stop. The Appellate Division did not reach the argument in light of the manner in which it resolved the case. Accordingly, a remand is appropriate to allow the Appellate Division to address the unresolved argument advanced by the State. (A-14-16; 077807)
2. Confession suppressed where Spanish translation not accurate. State v A.M. Supreme Court
Defendant pled guilty to second-degree sexual assault, N.J.S.A. 2C:14-2(c)(4), reserving his right to appeal the denial of his motion to suppress the inculpatory statement. This court reverses the trial court's order denying defendant's motion to suppress his inculpatory statement. The evidence presented by the State at the N.J.R.E. 104(c) hearing does not support the motion judge's findings that the State satisfied "the heavy burden" of proving, beyond a reasonable doubt, that defendant made a knowing, intelligent, and voluntary decision to waive his constitutional rights under Miranda. The motion judge's decision upholding the methods used by the interrogating detectives improperly shifted this burden of proof to defendant.
3. Charity running events
SAT, MAY 19, 2018 Follow Me 5K Run MILLTOWN, NJ 8:30am & 1 mile walk American Legion
May 20, 2018 NJ Sharing Network 5k Long Branch 8:30 Sunday
May 25, 2018 "Legends of Belmar" Friday night of Memorial Day - "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 Ocean Ave. Belmar, 7:30 Bar Anticipation 16th Ave not a race, just social event. The greats of Belmar beach volleyball, friends of Holme band and the beach start Memorial Day at D'Jais & Bar A. Give out American Flag stickers to lucky customers to show your support for USA and those who served. Marty P, John C. Jim W, Chris K, maybe even Daniel-son
May 26, 2018 Spring Lake Five Mile Run Saturday 8:30am then free food at Bar A.
May 27, 2018 Navesink 1.2 mile swim 8:15 AM
June 2, 2018 RVRR Towpath Training run benefit Cancer Institute & post run picnic http://rvrr.org/events/training-run/
June 9, 2018 Pancreatic Cancer 5k Run for a Cure, 8am, Roosevelt Park, Edison
June 10, 2018 South Brunswick 25 mile bike
4. Marketing and Ethics in Your Practice
May 16, 2018 Atlantic City Water Club
Luna Room NJSBA Annual Meeting
Walk inside from the Borgata Wednesday, 1:45-3:25
08401
Learn how to make more money by ethically marketing your practice... and staying ethically compliant. This program will demonstrate proven techniques for promoting your practice while staying within the ethics rules whether you handle cases in Municipal Court or in other areas of law. Topics include: the ethics of marketing; ethical websites; ethical considerations of social networking; ethical considerations of in-person networking; and blogs, event calendars, articles and other types of promotion - some proven techniques for marketing and rainmaking that go beyond the conventional but stay within the ethics boundaries. ...and more.
Speakers: Kenneth A. Vercammen, Esq.
Marc D. Garfinkle, Esq.
Jason T. Komninos, Esq.
Eugenie A. Voitkevich, Esq.
Nicole G. McDonough, Esq.
Learn how to make more money by ethically marketing your practice... and staying ethically compliant!
Proven techniques for promoting your practice while staying within the ethics rules, even if you handle cases other than Municipal Court.
Registration https://tcms.njsba.com/PersonifyEbusiness/MeetingsEvents/2018AnnualMeetingandConvention.aspx
Program headquarters is at Borgata Hotel 1 Borgata Way, Atlantic City, NJ 08401
Memorial Day events
May 27, 2018 Edison Memorial Day Parade 12 noon Along Plainfield Avenue: Starting from Edison Library Division and ending at American Legion Post 435 Father & Son on Oakland Avenue for refreshments.
Son & grandsons of Veterans should join the Sons of American Legion
S.A.L. Membership Eligibility Requirements
All male descendants, adopted sons and stepsons of members of the American Legion, and such male descendants of veterans who died in Service during World I, World War II, the Korean War, the Vietnam War, Lebanon, Grenada, Panama, the Persian Gulf War and the War on Terrorism, during the delimiting periods set forth in Article IV, Section 1, of the National Constitution of The American Legion, or who died subsequent to their honorable discharge from such service, shall be eligible for Membership in the Sons of The American Legion. Ken Vercammen is a member of the Sons of American Legion in Edison. Dues only $20.00 per year. Hall available for rental
American Legion Father & Son Post 435
43 Oakland Ave,
Edison, NJ 08817
Phone: (732) 985-9768
5/28/18 North Brunswick Memorial Day 5k 8:30am North Brunswick Community Park Route 130 South
May 28, 2018 METUCHEN AREA CHAMBER OF COMMERCE Annual Parade & Ceremony in honor of MEMORIAL DAY, Monday, -A Century of Service, Honoring our American Legion Post 65 & Boy Scout Troop 14 with Grand Marshals CW4 Isabella Giordano, U.S. Navy (Ret.) Verna Martin, U.S. Army (Ret.)
New PARADE route at 10am-From Brunswick Avenue & Edgar School, proceeding north on Main Street to New Street, to end at the Plaza for the CEREMONY at 11:30am
Thank you Spring 2018 Law Clerks
Meriam Kahany, Rutgers, Nilwar M. Zaripova, Rutgers, Stephanie Bonhomme, Sayon Dutta Kean plus Rahmah Hemby, Shreya Kumar, Jagger Mendez, Vishal Alampalli
Registration https://tcms.njsba.com/PersonifyEbusiness/MeetingsEvents/2018AnnualMeetingandConvention.aspx
Program pickup is at Borgata Hotel 1 Borgata Way, Atlantic City, NJ 08401
5. Thank you Spring 2018 Law Clerks
Meriam Kahany, Rutgers, Nilwar M. Zaripova, Rutgers, Stephanie Bonhomme, Rutgers, Sayon Dutta, Rutgers plus Rahmah Hemby, Shreya Kumar, Vishal Alampalli & Jagger Mendez.
6. Edison Elks Community Pool Applications available at the Pool.
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 Edison Community and surrounding areas this summer.
The Metuchen YMCA is not helping the Edison Community Pool anymore. To join the pool for 2018, you need to join the Elks or Elks Auxiliary. Call the Edison Elks at 732-985-2487. I have enjoyed my Community Elks membership in the Edison Elks for 25 years.
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.
The Swim team competes against area pools.
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 23- Hours Sat. 11am-8pm and Sun.12-8pm. The pool will be open from the summer starting June 23 through Labor Day
Thursday, Friday , Saturday, Sunday Swim lessons for children ages 4-6 and 7-8 also to be announced.
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Editor's Note and Disclaimer:
All materials Copyright 2018. 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
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