E648 VercammenLaw News

1 Unsigned Will not admitted to probate here

2 Confession tossed due to police not honoring ambiguous request for counsel

3. South Brunswick H.S. Hall of Fame to Induct a New Class on September 23, 2022

4. Revised Penalties for DWI NJ

1 Unsigned Will not admitted to probate here

In the Matter of the Estate of Russomanno

Defendant appealed from the grant of summary judgment to plaintiff, defendant's sister. The parties' father died in January 2019. Prior to 2012, decedent was known to have a Will that equally divided his estate between the parties. However, neither party had a copy of that will and neither sought to have that will recognized. In 2012, the parties and their father met with a lawyer regarding establishing a new will for decedent in which decedent's house would go to defendant, plaintiff would receive a specific bequest of $20,000, and the remainder of the estate would be divided equally between the parties.

The attorney later sent decedent a draft of a proposed will; however, decedent never responded to the attorney, nor did anyone see decedent review or sign the will. Defendant alleged that in 2013 decedent handed him an envelope with a document that decedent claimed was his will. Defendant claimed that he never reviewed the document but instead stored it in his basement, where it was later destroyed in a flood.

Following decedent's death, plaintiff filed a complaint alleging that decedent had died intestate and requesting that letters of administration be issued to her. Defendant filed a counterclaim seeking to have an unsigned copy of the will prepared by the attorney admitted. The trial court ultimately granted summary judgment to plaintiff, declining defendant's counterclaim to admit the unsigned copy of the will. The trial court found no evidence that the will had ever been executed by decedent or that he assented to its terms. On appeal, the court affirmed, agreeing with the trial court that defendant had presented no evidence to raise a genuine issue of material fact. The court noted that while defendant claimed decedent handed him an envelope with his Will, defendant never examined the document to see if it was the same one prepared by the attorney. Source NJLJ July 22, 2022

2. Recent case Confession tossed due to police not honoring ambiguous request for counsel

Recent case

2 Confession tossed due to police not honoring ambiguous request for counsel State v. Rivas Once Rivas invoked his right to counsel on March 18, however ambiguously, the detectives were required to clarify the ambiguity or cease questioning. The detectives did neither. Instead, the detectives interrogated Rivas for nearly six hours, eliciting a confession. After the improper interrogation and Rivas’s tainted confession -- a confession Rivas had reason to believe was lawful -- Rivas asked to see the detectives again. Those remarks cannot be fairly characterized as Rivas voluntarily initiating further communications with the detectives because the questioning never truly ceased. The interrogation and the request to speak again with the detectives were inextricably intertwined. A-15-21

3. South Brunswick H.S. Hall of Fame to Induct a New Class on September 23, 2022

The South Brunswick High School Athletic Department has announced the members of its Viking Athletics Hall of Fame Class of 2022.

Class Inductee Sport(s)

2007: Indira Morton Cross Country, Indoor Track, Track & Field

2008: Ryan Smith Wrestling

2010: Sophia Ginez Cross Country, Indoor Track, Track & Field

2010: Brendan Vercammen Soccer, Wrestling, Track & Field [Only South Brunswick athlete to be a County Champ in 3 different sports]

2010: Jessica Diggory Gymnastics

2012: Cayla Del Piano Cross Country, Indoor Track, Track & Field

2012: Lindsay Carbone Gymnastics, Track & Field

Coach: Joe Dougherty Wrestling

Coach: John Coppola Girls’ Lacrosse

AD: Elaine McGrath Retired Director of Athletics

Team: 1980 Baseball Team Head Coach-Dennis Duttry

"We are very excited to honor these inductees as they come 'Back Home' to be recognized for their outstanding achievements at South Brunswick High School," said C.J. Hendricks, director of Athletics at South Brunswick High School.

The 2022 SBHS Hall of Fame Induction will take place on Friday, September 23 at halftime of the varsity football game against Piscataway High School. Kickoff is scheduled for 6:30 p.m.

Game tickets can be purchased on game day at the FOOTBALL ticket booth $5.00 only for game OR online through GoFan (SBHS' new digital ticketing service).

https://gofan.co/app/events/666825?schoolId=NJ70442

Source TAPINTO

SOUTH BRUNSWICK, NJ --

https://www.tapinto.net/towns/south-brunswick/sections/education/articles/south-brunswick-h-s-hall-of-fame-to-induct-a-new-class-in-september

https://www.mycentraljersey.com/story/sports/high-school/2022/08/30/south-brunswick-high-school-inducting-10-into-athletics-hall-of-fame/65464224007/

https://patch.com/new-jersey/southbrunswick/south-brunswick-high-school-announces-2022-athletics-hall-fame

4. Revised Penalties for DWI NJ

For a First Offense, even if your case cannot be won on the facts, a good attorney may be able to stop a lengthy suspension of your License.

Also, if you are facing Jail based on prior DWI charges, a PCR Post Convection Relief Petition may stop a Jail sentence.

1st Offense

Under New Jersey Law (P.L. 2003, CHAPTER 314), if an offender’s BAC is 0.08 percent or higher, but less than 0.10 percent, or if an offender permits another person with a BAC over 0.08 percent, but less than 0.10 percent to operate a motor vehicle, the penalties are:

-A fine of $250-$400 -Imprisonment for up to 30 days -Driver’s license forfeiture until ignition interlock

installed. Interlock required for 3 months -A minimum of six hours a day for two consecutive

days in an Intoxicated Driver Resource Center-An automobile insurance surcharge of $1,000 a year for 3 years

If the offender’s BAC is 0.10 percent but less than 0.15 percent, or permits another person with a BAC of 0.10

percent but less than 0.15 percent to operate a motor vehicle, the penalties are:

-A fine of $300-$500 -Imprisonment for up to 30 days -Driver’s license forfeiture until ignition interlock

installed. Interlock required for 7 months to one

(1) year -A minimum of six hours a day for two consecutive

days in an Intoxicated Driver Resource Center-An automobile insurance surcharge of $1,000 a

year for 3 years

Offenders with a BAC of 0.15 percent or higher must install an ignition interlock device in one vehicle they principally operate during the license suspension period of 4 to 6 months and for a period of 9 months to 15 months after license restoration.

2nd Offense

-A fine of $500-$1,000 -Imprisonment of at least 48 consecutive hours, and

up to 90 days -Minimum 1-year and up to 2-year license suspension-Completion of evaluation, referral and program

requirements of the IDRC -30 days of community service -An automobile insurance surcharge of $1,000 a

year for 3 years -Installation of an ignition interlock device for a

period of license suspension and 2 years to 4 years after license restoration

3rd Offense

-A fine of $1,000 -Imprisonment of 180 days except the court may

lower such term for each day, not exceeding 90 days, served in a drug or alcohol inpatient rehabilitation program approved by IDRC

-8 year license suspension -30 days of community service -Completion of evaluation, referral and program

requirements of the IDRC -An automobile insurance surcharge of $1,500 a

year for 3 years -Installation of an ignition interlock device for a

period of license suspension and 2 years to 4 years after license restoration

ANY OFFENSE ALSO CARRIES

-A $100 surcharge to be deposited in the Drunk Driving Enforcement Fund

-A Motor Vehicle Commission restoration fee of $100 and an Intoxicated Driving Program fee of $100

-A Violent Crimes Compensation Fund fee of $50-A Safe and Secure Community Program fee of $75

In addition to these penalties, judges may order the revocation of the vehicle registration (Public Law 2000, Chapter 83).

The ignition interlock device, which measures the driver’s blood alcohol level, may be required for up to four years following license restoration after a DWI conviction. Any person may start a motor vehicle equipped with an interlock device for safety reasons or to repair the device or motor vehicle, but the convicted offender may not operate the vehicle.

A person who, on behalf of the convicted offender, blows into an interlock device to start a motor vehicle or tampers with the device to circumvent its operation may be charged with a disorderly persons offense.

Definition of Impairment

In New Jersey, a person is guilty of drunk driving if he/ she operates a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or greater. BAC refers to the amount of alcohol in your blood. Although the law refers to a 0.08 percent BAC, you can be convicted of driving while under the influence of intoxicating liquor even when your BAC is below 0.08 percent. Consuming even small amounts of alcohol dulls the senses, decreases reaction time, and hampers judgement, vision and alertness. If you consume any amount of alcohol and your driving is negatively impacted, you can be convicted of drunk driving. It is also a violation for a person to operate a motor vehicle under the influence of a narcotic, hallucinogenic or habit producing drug. You can also be convicted for allowing another person to operate a motor vehicle when that person does so in violation of the driving while intoxicated (DWI) law. What follows is a summary of the penalties that result when a person is convicted of violating New Jersey’s DWI law.

REFUSAL TO SUBMIT TO A BREATH TEST

-1st offense - $300-$500 fine and a license suspension until ignition interlock device installed. A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center

-2nd offense - $500-$1,000 fine and a 1 to 2-year license suspension following installation of ignition interlock device. 48 hours consecutive detainment in Intoxicated Driver Resource Center

- 3rd offense - $1,000 fine and an 8-year license suspension following installation of ignition interlock device

-Installation of an ignition interlock device for a period of 9 to 15 months after license restoration for the 1st offense, 2 years to 4 years for the 2nd and 3rd offenses

-Automobile insurance surcharge of $1,000 a year for 3 years for 1st and 2nd offenses, $1,500 for 3rd offense

-A $100 surcharge to be deposited in the Drunk Driving Enforcement Fund

-Referral to an Intoxicated Driver Resource Center

CONSEQUENCES OF UNDERAGE DRINKING AND DRIVING

In New Jersey, you must be at least 21 years of age to purchase, possess or consume alcoholic beverages. Underage drinking is illegal and can have severe con- sequences for young people who drink and for adults who provide alcoholic beverages to those under 21.

If you are under 21 and buy or drink alcohol in a place with an alcoholic beverage license, you may be fined $500 and lose your driver license for six months. If you do not have your license, the suspension starts when you are first eligible to receive a license. Also you may be required to participate in an alcohol education or treatment program.

If you are under 21, drive with any detectable amount of alcohol in your system (.01 BAC or above) and are convicted for violating New Jersey’s zero tolerance law, the penalties are:

- Loss or postponement of driving privileges for 30 to 90 days

- 15 to 30 days of community service - Referral to an IDRC or participation in an alcohol and

traffic safety education program

DRIVING WITH A MINOR

A parent or guardian who is convicted of driving while intoxicated and had a passenger in the motor vehicle 17 years of age or younger, is also guilty of a disorderly persons offense. In addition, a person forfeits the right to operate a motor vehicle for a maximum of six months and must perform community service for up to five days.

source https://www.nj.gov/lps/hts/downloads/dui-bro-eng.pdf