Newsletter NJ Laws by Kenneth Vercammen, Esq.: December 2019

E574

1. Holiday Gift Idea! .....Gift Certificates for Wills or Power of Attorney’

2. New DWI law starting December 1 requires Ignition Interlock Device for anyone who owns a car but Reduced DL suspension

3. Next Community Events:

4. Fun Upcoming Running Races & Charity events

1. Holiday Gift Idea! .....Gift Certificates for Wills or Power of Attorney

During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift, which truly shows how much you care? Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done.

The Law Office of Kenneth Vercammen's Holiday special includes:

*A Basic Will without Trust

* Follow up legal advice

*A 2-year subscription to the NJ Laws Email News

- All for only $350.00! -

Call 732-572-0500 for the Gift Certificate

Details on Wills:

http://www.njlaws.com/wills.html

Power of Attorney:

http://www.njlaws.com/wills.html

A portion of your Will and Estate Planning is tax deductible for income tax purposes. Do your Estate Planning prior to December 31 and a portion of your fees can be written off on your taxes as Estate Tax Planning.

My annual favorite: Singing Yellow Lab puppies like Lexi dog

Caroling Canines! click:

http://www.americangreetings.com/ecards/christmas/caroling-canines/pn/3113541

Rockin' Around the Christmas Tree

Rocking around the Christmas Tree

at the Christmas party hop

Mistletoe hung where you can see

Ev'ry couple tries to stop

You will get a sentimental feeling When you hear voices singing

"Let's be jolly; Deck the halls with boughs of holly" Rocking around the Christmas Tree

Have a happy holiday

Everyone's dancing merrily

In a new old fashioned way

Rocking around the Christmas Tree

Let the Christmas Spirit ring

Later we'll have some pumpkin pie

and we'll do some caroling

You will get a sentimental feeling When you hear voices singing

"Let's be jolly; Deck the halls with boughs of holly" Rocking around the Christmas Tree

Have a happy holiday

Everyone's dancing merrily

In a new old fashioned way

by Johnny Marks

Holly Jolly Christmas

Have a holly, jolly Christmas;

It’s the best time of the year

I don’t know if there’ll be

snow but have a cup of cheer

Have a holly, jolly Christmas;

And when you walk down the

street

Say Hello to friends you

know and everyone you meet

Oh ho, the mistletoe

hung where you can see;

Somebody waits for you;

Kiss her once for me

Have a holly jolly Christmas

and in case you didn’t hear

Oh by golly, have a holly

jolly Christmas this year

by Johnny Marks

2. New DWI law starting December 1 requires Ignition Interlock Device for anyone who owns a car but Reduced DL suspension

New laws signed expanding the use of ignition interlock device for those convicted of drunk driving offenses and of refusing breath tests. The legislation (S824) also reduces the length of license suspension and forfeitures for these offenses. New law took effect December 1, 2019
This law requires that first time offenders install ignition interlock devices (IID), at a cost to the offender. IIDs and suspensions from then on are based upon the severity of the offense.

There is a new December 4, 2019 DIRECTIVE #25-19 AOC Implementation of New DWI Law Includes Expanded Use of Ignition Interlock Devices for First-Time Offenders from Hon. Glenn A. Grant, J.A.D. of the AOC.

Attorneys and court staff show read the lengthy memo. We added the relevant portion of the new directive to

https://dwidrugarrest.blogspot.com/2019/12/directive-25-19-aoc-implementation-of.html

Below is a portion of the NJ Bar Association DWI seminar moderated by Miles Winder, which updates our previous email newsletter:

First-time offenders with BAC of:
0.08 to 0.10

Fine	Old law $250-400 + 389	New same
IDRC	12-48 hrs	same
Jail	30 days discretionary	same
Suspension	90 days	New Law: suspension Until install of interlock and proof to MVC
Interlock	6 months – 1yr discretionary (after suspension)	3 months after install Source: NJ Bar seminar

(1) For the first offense:

(i) if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days [and] . In addition, the court shall [forthwith] order the person to forfeit [his] the right to operate a motor vehicle over the highways of this State [for a period of three months] until the person installs an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates, for the purpose of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.);

First Offense 0.10 to 0.15 - must install ignition interlock at own cost

Fine	Old $300-500 + 389	New same
IDRC	12- 48 hrs	same
Jail	30 days discretionary	same
DUID	7-12 months DL suspension	same
Suspension	7-12 months	New Law: suspension Until install of interlock and proof to MVC
Interlock	6 months -1yr Discretionary (after suspension)	7-12 months after install Source: NJ Bar Assoc Seminar

(ii) if the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days [and];

in the case of a person who is convicted of operating a motor vehicle while under the influence of a narcotic, hallucinogenic or habit-producing drug or permitting another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by the person or under the person’s custody or control, the person shall [forthwith] forfeit [his] the right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;

higher than 0.15 - must install ignition interlock at own cost

Fine	$300-500 +389	same
IDRC	12 -48 hrs	same
Jail	30 days discretionary	same
Suspension	7-12 months	Until install of interlock and for 4- 6 months after installation
Interlock	6 months – 1yr mandatory during suspension and 6 months -1 yr after suspension	Interlock remains between 9- 15 months after license restored Source: NJ Bar Assoc Seminar

in the case of a person whose blood alcohol concentration is 0.10% or higher but less than 0.15%, the person shall forfeit the right to operate a motor vehicle over the highways of this State until the person installs an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates, for the purpose of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.);

in the case of a person whose blood alcohol concentration is 0.15% or higher, the person shall forfeit the right to operate a motor vehicle over the highways of this State for a period of not less than four months or more than six months following installation of an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates, for the purpose of complying with the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.);

If someone does not own a car.

n Attest to Court that you don’t own, lease or operate a motor vehicle – Lose License for Interlock Period

Offense		BAC		Suspension
1^st	0.08 to 0.10		3 months
1^st	0.10 to 0.15		7 to 12 months if you don’t own a car
1^st	Over 0.15		9 to 15 months if you don’t own a car
2d offense			2 to 4 years if you don’t own a car

For most working people it is better to buy a cheap car and pay for interlock so you can get your license restored

In a future newsletter we will outline penalties for Refusal to tax breath test and other new penalties

YouTube video

NJ DWI First offense penalty after 12-1-19

https://studio.youtube.com/video/jNeXtsoAuc0/edit?utm_campaign=upgrade&utm_medium=redirect&utm_source=%2Fmy_videos

Newsletter NJ Laws by Kenneth Vercammen, Esq.

2053 Woodbridge Avenue - Edison, NJ 08817

Sunday, December 08, 2019

E574- 1. Holiday Gift Idea! .....Gift Certificates for Wills or Power of Attorney’ 2. New DWI law starting December 1 requires Ignition Interlock Device for anyone who owns a car but Reduced DL suspension 3. Next Community Events: 4. Fun Upcoming Running Races & Charity events

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