E601
1. New book Drug and DWI Defense - Forms and Pleadings
2 . Guilty plea vacated where driver did not admit to the accuracy of the test results. State v. VargasAppellate Division
3. Legal Weed ballot question
4. HELP WANTED Temp Clerk for Law Office PT
5. Wills & Estate Seminars via Zoom
6 Charity Running events & community events
1. New book Drug and DWI Defense –NJ Forms and Pleadings
New Jersey Specific Bound book and CD with Forms, helpful links and searchable PDF
List Price: $59.00 USD
NJ State Bar’s new book printed this week
Written by: Kenneth A. Vercammen
This informative handbook will provide you with guidance on how to handle everything pertaining to the drug and DWI defense - from the initial contact with the client, to walking into the courthouse, and managing the steps that follow. It is a “how to” manual that you and your staff can follow with checklists and forms.
This book is intended to help solo/small-firm attorneys and newly admitted attorneys prepare to handle these cases and to better represent their clients. This handbook will help attorneys represent persons charged with DWI, drug, and other criminal and traffic offenses.
Special Feature: Over 50 modifiable forms and motions
Over 50 forms and motions are included to help make you (and your staff) more efficient and productive, while also reducing the chance for mistakes.
Bonus!
Also includes a section on marketing the DWI and drug defense practice.
Table of Contents:
1 Pre-Interview
2 Office Interview and Preparing Notices to the Court and Prosecutor
3 Pretrial Motions
4 Trial Preparation
5 Trial
6 Sentencing and Post Trial
7 Supreme Court Caselaw and Federal Statutes
8 Marketing the DWI and Drug Defense Practice
Book # 1177719 New Jersey Institute for Continuing Legal Education A Division of the NJSBA One Constitution Square, New Brunswick, NJ 08901 (732) 214-8500 · CustomerService@njsba.com Proceeds go to support NJ Bar Association and NJ Bar Foundation programs
2 . Guilty plea vacated where driver did not admit to the accuracy of the test results. State v. Vargas Appellate Division
Defendant appealed the denial of his motion to vacate his guilty plea to DWI. Defendant crashed his vehicle and was taken to the hospital with serious injuries. A hospital blood test showed a BAC of .184 percent and he was charged with a per se DWI offense, careless driving, failure to keep right and failure to wear a seatbelt. He pled guilty to the DWI offense in April 2012. In 2018, he was again charged with DWI and he moved to vacate his 2012 DWI conviction to avoid enhanced punishment. Municipal court rejected defendant's arguments that the legal consequences of his guilty plea were not adequately explained to him and the factual basis for the guilty plea was insufficient. Defendant appealed to the Law Division, which affirmed.
Defendant appealed and court found his argument that he was not properly advised of the consequences of his plea lacked all merit. However, defendant's plea colloquy was "not ideal" and the formulation of the critical question posed to defendant concerning the BAC elements was problematic. Although defendant acknowledged he understood the blood test indicated his BAC was over the legal limit, he was never asked to acknowledge or acquiesce to the accuracy of the test results. Unreported Source Daily Briefing 9/11/2020Daily Briefing, an exclusive New Jersey State Bar Association member benefit, in partnership with the New Jersey Law Journal. Join the NJSBA for this benefit!
3. Legal Weed ballot question
The following Constitutional Amendment will appear on the November 3, 2020 General Election Ballot
YES
CONSTITUTIONAL AMENDMENT TO LEGALIZE MARIJUANA
Do you approve amending the Constitution to legalize a controlled form of marijuana called “cannabis”?
Only adults at least 21 years of age could use cannabis. The State commission created to oversee the State’s medical cannabis program would also oversee the new, personal use cannabis market.
Cannabis products would be subject to the State sales tax. If authorized by the Legislature, a municipality may pass a local ordinance to charge a local tax on cannabis products.
NO
INTERPRETIVE STATEMENT
This amendment would legalize a controlled form of marijuana called “cannabis”. Only persons at least 21 years of age could use cannabis products legally.
The Cannabis Regulatory Commission would oversee the new adult cannabis market. This commission was created in 2019 to oversee the State’s medical cannabis program. The scope of the commission’s new authority would be detailed in laws enacted by the Legislature.
All retail sales of cannabis products in the new adult cannabis market would be subject to the State’s sales tax. If authorized by the Legislature, a municipality may pass a local ordinance to charge a local tax on cannabis products.
4. HELP WANTED Temp Clerk for Law Office PT- Answer phones, envelope stuffing, schedule appointments, misc. clerk duties
Monday-Friday
start 8:55am 1:30 Mid October- December
Call Cynthia -Business manager 732-816-4449
$11.00 per hour start
5. Wills & Estate Seminars via Zoom
October 6 Piscataway Library Will & Estates
Link for free registration:
Oct 19 Metuchen Library Will & Estates via Zoom
Programs are also posted at Will
Oct 20 Sayreville Library Will & Estates via Zoom
6 Charity Running events & community events
Oct 17 Sea girt 5k 8:30 start when you want
http://www.seagirt5k.com
Oct 24 Sea Turtle 5k
8:30AM West Orange
11/15 Tom O'Reilly 'Inaugural' Turkey Trot 5k, Presented by Raritan Valley Road 9am
9/24 Edison Elks Thirsty Thursday with free outdoor band. Open to the public. You pay your food and beverage.
Also Oct 22
October 26, 2020 Handling Drug, DWI and Serious Cases in Municipal Court Seminar 3-6:35
Virtual seminar via Zoom
Speakers: Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year
Norma M. Murgado, Esq. Chief Prosecutor (Woodbridge) Chief Prosecutor (Elizabeth)
Lorraine Nielsen, Esq. Municipal Court Prosecutor, Milltown, North Brunswick & others
John Menzel, Esq. Past Chair, NJSBA Municipal Court Practice Section
-New Expungement Law
-Decriminalization of pot
-New DWI penalties
-Can new Dwi law apply to older dwi charges
This informative seminar on Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will be joined by well-respected Municipal Prosecutors to explore a wide variety of matters that you are likely to encounter.
They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION NJICLE, A Division of the NJSBA NJ State Bar For lawyers $150- $190 tuition depending on NJSBA membership ½ price for Judges
11/11 Veterans Day events
