E570
1. When a driver is unconscious and cannot be given a breath test, the exigent-circumstances doctrine generally permits a blood test without a warrant Mitchell v. Wisconsin.
Birchfield v. North Dakota,579 U.S. ___, ___, 136 S.Ct. 2160, 195 L.Ed.2d 560
(b) Under the exigent circumstances exception, a warrantless search is allowed when "`there is compelling need for official action and no time to secure a warrant.'" McNeely 133 S.Ct. 1552. P. 2534.
133 S.Ct. 1552
(2) Schmerber demonstrates that an exigency exists when (1) BAC evidence is dissipating and (2) some other factor creates pressing health, safety, or law enforcement needs that would take priority over a warrant application. Because both conditions are met when a drunk-driving suspect is unconscious, Schmerber controls. A driver's unconsciousness does not just create pressing needs; it is itself a medical emergency. In such a case, as in Schmerber, an officer could "reasonably have believed that he was confronted with an emergency." 86 S.Ct. 1826. And in many unconscious-driver cases, the exigency will be especially acute. A driver so drunk as to lose consciousness is quite likely to crash, giving officers a slew of urgent tasks beyond that of securing medical care for the suspect- tasks that would require them to put off applying for a warrant. The time needed to secure a warrant may have shrunk over the years, but it has not disappeared; and forcing police to put off other urgent tasks for even a relatively short period of time may have terrible collateral costs.
(c) On remand, Mitchell may attempt to show that his was an unusual case, in which his blood would not have been drawn had police not been seeking BAC information and police could not have reasonably judged that a warrant application would interfere with other pressing needs or duties.
2. Free Will Seminars and Speakers Bureau available to Middlesex County Groups.
At the request of senior citizen groups, unions, and Middlesex County companies and organizations, the " Speakers Bureau " is a service designed to educate citizens about how laws affect their lives and how the judicial system operates. We have attorneys available to speak to businesspersons, educational, civic and social organizations on a wide range of topics during business hours. For additional information on the Legal Seminars, contact our Coordinator, Kenneth Vercammen's law office at (732) 572-0500, or fax 732-572-0030. Years ago the AARP Network Attorneys of the Edison/Metuchen/Woodbridge area several years ago established a community Speakers Bureau to provide educational programs to AARP and senior clubs, Unions and Middlesex County companies. Now, Kenneth Vercammen and volunteer attorneys of the Middlesex County Estate Planning Council have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar. The following Seminars are now available:
Details on the 2 programs currently offered:
1. WILLS & ESTATE ADMINISTRATION- PROTECT YOUR FAMILY AND MAKE PLANNING EASY
2. POWER OF ATTORNEY to permit family to pay your bills if you are temporarily disabled and permit doctors to talk with family
All instructors are licensed attorneys who have been in practice at least 25 years. All instructors are members of the American Bar Association, New Jersey State Bar Association, and Middlesex County Bar Association. All programs include free written materials.
You don't have to be wealthy or near death to do some thinking about a Will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of state law.
Topics discussed include: Who needs a Will?; What if you die without a Will (intestacy)?; Mechanics of a Will; Selecting an executor, trustee, and guardian; Proper Will execution; Inheritance Taxes, Estate Taxes "Living Will"; Powers of Attorney; Federal Estate Tax, Bequests to charity, Why you need a "Self-Proving" Will and Estate Administration/ Probate.
Sample materials: Hand-outs on Wills, Living Wills/Medical Advance Directive, Power of Attorney, Probate and Administration of an Estate, Elder Law, Probate
About the speaker: Kenneth A. Vercammen is a trial attorney in Edison, NJ. He is the author of the American Bar Association's book "Wills and Estate Administration".
3. Next YouTube videos.
Refusal to let police into home is not criminal interference. State v. Fede 237 NJ 138 (2019)
https://studio.youtube.com/video/ShIQYAacJrk/edit?utm_campaign=upgrade&utm_medium=redirect&utm_source=%2Fmy_videos
Out of state DWI does not disqualify for drug court expungement IN THE MATTER OF THE EXPUNGEMENT OF J.S. Judge EASTLACK, J.S.C. GLOUCESTER COUNTY
https://studio.youtube.com/video/QAOd0mCbV24/edit?utm_campaign=upgrade&utm_medium=redirect&utm_source=%2Fmy_videos
39:4-35 Failure to yield to pedestrian in crosswalk 2 points fines $50-$200 plus court costs and possible non renewal by insurance company
or imprisonment for a term not exceeding 15 days, or both jail and fines
https://studio.youtube.com/video/aeBXbm5ezKA/edit?utm_campaign=upgrade&utm_medium=redirect&utm_source=%2Fmy_videos
When a driver is unconscious and cannot be given a breath test, the exigent-circumstances doctrine generally permits a blood test without a warrant Mitchell v. Wisconsin
https://studio.youtube.com/video/MaEDVuwXLQI/edit?utm_campaign=upgrade&utm_medium=redirect&utm_source=%2Fmy_videos
4. Welcome Fall Student Law Clerks 2019.
Akansha Khurana-Rutgers University, Puja Mahendru-Rutgers University, Daynor Davis-Bloomfield College & Union County College, Na'jee Paul Jones-Kean University, Isha Patel-Edison High School, Vivek Rallabandi-J.P. Stevens High School, Ojuswani Phogat-J.P Stevens High School.
Metuchen NJ Public Defender Volunteer Internships available for college students and recent grads 2019
Vercammenlaw@njlaws.com
Information regarding our program plus bio information can be found on the website.
www.njlaws.com/public-defender-volunteer.html
Interested students must mail or fax a cover letter indicating the internship they are applying for and resume. If no personal cover letter by student, the resume will not be considered. Emails not accepted. After sending the resume and cover letter, call the office. The Public Defender does not have a paid staff so it is difficult to post to multiple websites.
Mail or fax cover letter and resume to
Kenneth Vercammen, Esq.
Public Defender for the Borough of Metuchen
c/o 2053 Woodbridge Ave.
Edison, NJ 08817
Fax 732-572-0030
Also, welcome back Tracy Coleman, our legal secretary for 20 years!
5. Community Events.
Edison Elks Community Breakfast 10/13/19 Breakfast 8:30-11AM All you can eat breakfast buffet $8 adults, $4 kids (6-12) children under 5 will be our guests. Edison Elks #2487 - Edison, NJ375 Old Post Road, Edison, New Jersey 08817 (732) 985-2487
10/21 at 6:00 PM Monday WILLS & ESTATE ADMINISTRATION seminar Clara Barton Branch Edison Library 141 Hoover Avenue Edison, NJ 08837
10/31 Spooky Thursday 7-9:30 Edison Elks
11/3 Outdoor concerts at Edison Millwork & Hardware
First Sunday of the month 9 Old Post Road, Edison, NJ 08817
12-6pm. Bring your beach chairs [indoors if bad weather]
11/16 Miracle Madness Kickoff Party Edison Elks
11/21 Thirsty Thursday Edison Elks
6. Fun Upcoming Running Races & Charity events participated by Kenneth Vercammen- Ken V is running 60 races in 2019.
hobooken5k.com/
10/27/19 East Brunswick 12k & 5k 9am RVRR new start EB Community Arts Center 721 Cranbury Rd. in East Brunswick) well run RVRR event post race we go to Lago or Lori's Lakeside on Farrington Lake, North Brunswick
https://runsignup.com/Race/NJ/
10/27/19 Trick or Trot 4 mile 10:30am JSRC now at Deal Casino.
11/2/2019 RWJ Barnabas and the Devils 5K Run/Walk in West Orange, free entry to Turtle Back Zoo
11/3/19 Watch NY Marathon [Ken competed in NY marathon twice].
11/16/19 Manasquan Turkey Run 5-mile 11am party at Leggett's after race discount beer co sponsor Wakefern Shoprite jsrc.org Manasquan
11/23/19 Born to Run 5 mile Freehold 11am Friday great Freehold FARC event
11/24/19 Crazy Eddie Memorial Hash run- not a race, trail hash with beverage stops Saturday Rumson Hasher HHH
Navesink Challenge 15k & 5k 10am 10:10 for 5k Post race at Red Bank elks[Ken V runs 5k]
7. Thank you speakers at NJ Bar Photo text Handling Drug, DWI and Serious Cases in Municipal Court Seminar.
Norma M. Murgado, Esq Chief Prosecutor (Elizabeth), Chief Prosecutor (Woodbridge), Lorraine Nielsen Esq. Municipal Court Prosecutor, Milltown & other towns, William Brigiani, Esq.
Back Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year
David R. Spevack, Esq. Prosecutor Edison, Woodbridge, Carteret
John Menzel, Esq Past Chaie, NJSBA Municipal Court Practice Section
Next NJ Bar seminars:
Thursday, Oct. 24 | 4:30-6:30 p.m.
New Jersey Law Center, New Brunswick
The Criminal Law Section, Immigration Law Section and Municipal Court Practice Section present
The Differing Immigration, Municipal Court and Criminal Practice Interpretations and Effects of Attorney General Directives
2.1 CLE credits
$15 per person (with CLE credits);
Free to members (without CLE credits)
Download the registration form
Note: Each section will hold a short business meeting immediately after the CLE program.
November 7, 2019 Fast and Furious - The Latest Municipal Court Updates on Driving Under the Influence of Alcohol and Drugs
8:30am-9:40 Thursday Condado Vanderbilt, San Juan Patio Del Fauno West room
https://tcms.njsba.com/personifyebusiness/MeetingsEvents/2019Mid-YearMeeting/Education.aspx
