Newsletter NJ Laws by Kenneth Vercammen, Esq.: August 2021

E623 VercammenLaw News

1. Court review of certain DWI convictions in Middlesex, Monmouth, Somerset, Union

2. TRO reversed where record did not demonstrate need for protection DMR v MKG

3. NJ reduces penalty for Magic mushroom

4. Bands and concerts 2021 and outdoor events

1. Court review of certain DWI convictions in Middlesex, Monmouth, Somerset, Union

NOTICE TO THE BAR AND PUBLIC

REVIEW OF DWI CONVICTIONS INVOLVING NOT PROPERLY CALIBRATED EQUIPMENT (STATE V. CASSIDY)- WEBSITE TO FACILITATE SUBMISSION OF REQUESTS TO REVIEW A DWI CONVICTION

The Supreme Court in State v. Cassidy. 235 NJ. 482 (2018) found that in some driving while intoxicated (DWI) cases, some Alcotest machines were not properly calibrated and that the test results from those machines thus could not be used to convict a defendant of DWI. The Judiciary was notified by the Office of the Attorney General that there were thousands of DWI cases in which defendants' breath samples were procured using such improperly calibrated machines. As a result, more than 13,000 DWI convictions from between 2008 and 2016 are eligible for review, with most of those cases in four counties (Middlesex, Monmouth, Somerset, Union).

This is to advise that the Judiciary has created a webpage to facilitate the submission of post-conviction petitions for relief by any defendant affected by the Court's Cassidy decision (https://www.njcourts.gov/courts/mcs/cassidy.html). On July 14, 2021, Superior Court Judge Robert A. Fall, serving on recall and designated by the Court as special master for the statewide management of these cases, sent a notice to those 13,000+ defendants potentially affected by the Cassidy decision.

Initial case management conferences in those matters will begin in August.

The Supreme Court has designated Judge Fall, along with Superior Court Judges Linda G. Baxter, Stephan C. Hansbury, and Robert B. Reed, all serving on recall, to sit as Municipal Court judges with statewide jurisdiction to resolve cases affected by Cassidy.

Questions regarding this notice may be directed to the Municipal Court Services Division in the Administrative Office of the Courts at 609-815-2900, ext. 54850.

If you had a DWI and received a “Cassidy” letter and wish to hire an attorney, contact Kenneth Vercammen’s office.

2 TRO reversed where record did not demonstrate need for protection DMR v MKG

Defendant appealed from a final restraining order (FRO) entered against her pursuant to the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35, based on a predicate act of harassment, N.J.S.A. 2C:33-4(a). This court reversed because the trial court did not conduct the required legal analysis necessary to enter the FRO under Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006) and the record did not demonstrate plaintiff needed future protection. Further, our review of the record also disclosed defendant was deprived of due process due to numerous trial irregularities in the remote proceeding, including that defendant had insufficient notice and opportunity to prepare a defense in her case, plaintiff's witness was not sequestered, plaintiff testified in the witness's presence with witness coaching plaintiff, and the trial court engaged in inappropriate questioning of defendant. (A-4085-19)

3. NJ recently made Magic mushroom use or possession now only a disorderly offense, was previously a 3rd degree crime.

An Act concerning psilocybin and amending N.J.S.2C:35-10.

2C:35-10. Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition.

a. It is unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively, a controlled dangerous substance or controlled substance analog, unless the substance was obtained directly, or pursuant to a valid prescription or order form from a practitioner, while acting in the course of his professional practice, or except as otherwise authorized by P.L.1970, c.226 (C.24:21-1 et seq.). Any person who violates this section with respect to:……

…… or

(5) Possession of one ounce or less of psilocybin is a disorderly persons offense.

Previously possession of any amount of psilocybin, a Schedule I controlled dangerous substance, was a crime of the third degree. This law would reclassify possession of psilocybin as a disorderly persons offense, punishable by up only to up to six months imprisonment, a fine of up to $1,000, or both.

4. Bands and concerts 2021 and outdoor events

Woodbridge HS Free visit woodbridgeartsnj.org. Oldies Mondays, at Woodbridge High School

Aug. 16: Shadows of the ’60s [Motown Pier]

Aug. 23: Bobby Wilson, Jackie Wilson tribute [70’s Pier}

Aug. 30: The Infernos

http://woodbridgeartsnj.org./oldies-mondays.html

https://www.njarts.net/free-events

Tribute Tuesdays, at Woodbridge High School

Aug. 10: Beatlemania Again (The Beatles tribute)

Aug. 17: The Blue Meanies (The Monkees tribute)

Aug. 24: Forever Simon and Garfunkel (Simon & Garfunkel tribute)[Aberdeen Southern Steel]

Aug. 31: Saints in the City (Springsteen tribute) http://woodbridgeartsnj.org./tribute-tuesdays.html https://www.njarts.net/free-events/

http://woodbridgeartsnj.org./local-band-thursdays.html https://www.njarts.net/free-events

Country Sundays, at Woodbridge High School 7pm sharp

Aug. 8: Laurel Canyon, Crosby, Stills, Nash & Young tribute

Aug. 15: Pirate Flag, Kenny Chesney tribute

Aug. 29: Panama Dead, New Riders of the Purple Sage tribute

Sept. 5: The Linda Ronstadt Experience [Pocono] .[http://woodbridgeartsnj.org./country-sundays.html

source also https://www.njarts.net/free-events

Long Branch THURSDAYS BY-THE-SEA Pier Village

August 12 | After the Reign Long Branch

August 26 | Jarod Clemons & The Late Nights Long Branch

September 2 | Brian Kirk & The Jirks Long Branch [Pocono]

https://piervillage.com/events/thursdays-by-the-sea/

Monday Pier Village Mondays: 6:30PM – 8:00PM

August 16 – The Priceless Band | A Tribute to Motown [Wood 60’s]

August 23 – Super TransAm | 70s [Wood Jackie Wilson]

August 30 – The Dreamland Orchestra |[Infernos Wood]

https://piervillage.com/events/live-summer-music-concert-series-2/

Freehold Thursday’s ROCK! Summer Concert Series, at Hall of Records 7:30 https://downtownfreehold.com/things-to-do/thursday-rock/

2021 Thursday’s ROCK! Summer Concert Series schedule:

August 12, 2021: Full Throttle Band

August 19, 2021: Stephen Martines [Wildwood Country]

August 26, 2021: Predator Dub Assassins

Also Sunday Long Branch 7pm Bands by the Beach at West End Park.

https://www.longbranch.org/departments/ProgramsEvents

Wednesday Raritan Bay Waterfront Park

South Amboy/Sayreville Beach Front - O’Leary Boulevard, South Amboy, N.J.

August 18 - Green River – A tribute to Creedence Clearwater Revival

August 25 - The Perry Brothers – Irish Favorites and more [No relation to Gaylord Perry]

http://www.middlesexcountynj.gov/About/ParksRecreation/Pages/PR/Raritan-Bay-Park.aspx

2021 Keansburg Summer Concerts Schedule

August 13, 2021 – White Wedding Band
August 20, 2021 – The Kickback Band

Bayonne August 18th – Saints in the City: What can get more Jersey than this eight-piece band! Sinners and Saints performing the best of Bruce Springsteen! Each performance will be begin promptly at 7:00pm and held at the amphitheater on the lower level of DiDomenico-16th Street Park, which is located between Avenue A and Newark Bay.

https://www.bayonnenj.org/News/View/8846/bayonne-division-of-recreation-announces-the-2021-summer-sounds-by-the-bay-concert-series

Links to Concert locations and bands

Woodbridge

http://www.woodbridgeartsnj.org/?fbclid=IwAR3eiqvrmoTSg5mR4Da0TRkv2t_vrFoES18-vmcNrNnbApIdFfj2cB0nFTI

Donovan's Reef Tuesday night dead bands

https://www.facebook.com/DonovansReefNJ/events/?ref=page_internal

https://www.donovansreefbeachbar.com/calendar

German club Hamilton

Friday

https://www.facebook.com/The-Biergarten-at-the-German-American-Society-of-Trenton-103937041428988/events/?ref=page_internal

https://www.facebook.com/GASocietyNJ

Dead bands NJ