E699 VercammenLaw News

1 DWI operation inferred here

2 Diminished Capacity could not be argued as defense in a Domestic violence case

3 Fun events no running

4 Memorial Day weekend East Brunswick VFW to host "The Wall that Heals" Vietnam Memorial

5 Running Races for Charity often participated by Kenneth Vercammen

1 Recent cases: DWI operation inferred here State v. Karlinski

Defendant appealed her DWI conviction. Police were called to a motor vehicle crash on private property at 1:00 a.m. They found a Jeep that had crashed over a curb, through a fence around a garden and into shrubbery. Defendant was the only person present. Officer assisted defendant out of the driver's side of the Jeep. Defendant's blood alcohol was 0.23 percent. Defendant claimed her "boyfriend" had been driving and he fled the scene, but she did not provide his name or address and he was never found. Defendant was convicted in municipal court and in a Law Division trial de novo which adopted municipal judges' "inescapable" inference that defendant was driving the vehicle. Court affirmed. Court found defendant's reliance on State v. Daly, 64 N.J. 122, was misplaced. Defendant was not in a parked car, asleep, in a reclined position. Additionally, officer's dashcam recording corroborated his testimony. A-2836-21 Unreported NJLJ October 27, 2023

2 Diminished Capacity could not be argued as defense in a Domestic violence case Chicantek v. Munoz

Plaintiff filed a Prevention of Domestic Violence Act complaint alleging that defendant committed several acts of assault and harassment. The court issued a TRO granting plaintiff temporary custody of the parties' child and listing the child as a protected person, barring defendant from exercising parenting time. At trial, the parties' experts agreed that defendant was suffering from perinatal depression during the alleged predicate acts. Plaintiff's expert opined that defendant needed to address factors underlying her depression and her aggression toward plaintiff, otherwise defendant could repeat the behaviors giving rise to the case. Plaintiff's expert also opined that defendant's aggression was caused by more than her depression. However, plaintiff's expert concluded that, despite defendant's prior attempts at suicide or self-harm, she posed no imminent risk of harm to herself or the parties' child. In response, defendant's expert opined that defendant no longer posed a threat to plaintiff.

The court noted that the case posed two novel issues: first, whether a defendant in a FRO trial could assert a diminished capacity defense to disprove that they intended to engage in predicate acts containing a volitional requirement, and second, what standard should the court use to evaluate a plaintiff's expressed need for a FRO. In resolving those questions, the court granted a FRO in favor of plaintiff. The court ruled that using a diminished capacity defense to contest an alleged predicate act containing a volitional element was inconsistent with the purpose of the PDVA to provide protection from domestic violence, even if that violence was motivated by mental health issues. The court further held that evaluating a plaintiff's need for a FRO required a hybrid standard that examined both the objective prior history of domestic violence and the subjective impact of that prior history on the plaintiff seeking a FRO. FV-09-2455-21 Source NJLJ November 13,2023

3 Fun events no running

Happy 4/20 day. Every year on April 20th, cannabis producers, consumers, advocates, and those who are just curious have long celebrated 420 Day. Dead shows in summer every Tuesday night starting June 4 6pm Dead Reckoning Dead Reckoning 6:00pm – 10:00pm Donovan's Reef 1171 Ocean Avenue Sea Bright, NJ, 07760 We often go for a open water swim in Ocean before shows.

https://www.donovansreefbeachbar.com/calendar

April 27th, 2024. Shillelagh Plunge for Autism 2024 The Friendly Sons of the Shillelagh, Jersey Shore, will hold the 3rd annual Shillelagh Plunge for Autism on Saturday, April 27th, 2024.

$50 minimum The plunge will take place at 16th Avenue and the ocean in Belmar, NJ. Jersey Shore legendary band The Holme Band, playing at 2PM. https://runsignup.com/Race/NJ/Belmar/ShillelaghLeprechaunPlungeIntoSummer

April 30 Woodbridge Library Wills, Estate Planning & Probate Seminar at 6:30.https://woodbridgelibrary.evanced.info/signup/EventDetails?EventId=16211&backTo=Calendar&startDate=2024/04/01

May 4 Elks Edison Cinco de Mayo 7pm

May 15, Municipal Court 101 Seminar 2024 Wednesday, 1:30 – 3 p.m. NJSBA Annual Meeting Borgata Hotel

Join experienced practitioners for an introductory program that will

Speakers:

-Kenneth A. Vercammen, Esq. [Moderator]

-Kevin P. McKernan, Chair

-Hon. Adam Greenberg Cherry Hill Municipal Court

-Prosecutor Moshood Muftau, Deputy County Counsel, Prosecutor Plainfield, Roselle

-Matthew Teeter, Esq.

May 17 Joe Russo’s Almost Dead Stone Pony

May 23 Rolling Stones Metlife 7pm

June 11 Rolling Stones Philly

June 15 Rolling Stones Cleveland

4 Memorial Day weekend East Brunswick VFW to host "The Wall that Heals" Vietnam Memorial May 23rd to May 27th

Memorial Day weekend: VFW Post 133 of East Brunswick, NJ is deeply honored to host the Traveling Vietnam Memorial Wall at the East Brunswick Arts Center. This profound event will take place from May 23rd to May 27th, marking a time for remembrance, honor, and education. Location: East Brunswick Arts Center, 721 Cranbury Road, East Brunswick.

This event is not just a tribute to the brave souls of the Vietnam War, but also a comprehensive homage to our nation's history and the valiant efforts of our soldiers across different eras. The exhibits will include:

The Vietnam Memorial Wall , Afghanistan & Iraq War , Tribute 9-11 Tribute , Historical Tributes spanning from 1945 to 2020

Prepare for a moving journey through our nation's history, with dedicated tributes to the significant conflicts and moments that have shaped us. We are also thrilled to announce that throughout the exhibition, we will have special presenters and speakers sharing their insights and stories, enriching this experience further.https://www.tapinto.net/towns/east-brunswick/sections/military-and-veterans/articles/east-brunswick-veterans-to-host-the-wall-that-heals-vietnam-memorial.

Ken V is Life Member of VFW Post 133 of East Brunswick Auxiliary

5 Upcoming Running Races for Charity often participated by Kenneth Vercammen

4/27/24 Lake Como 5k Sat 10am Start Bar A

https://runsignup.com/Race/NJ/LakeComo/JSRCLakeComo5K

4/28/24 Tour de Franklin, Franklin Food Bank 62 mile & 40-mile bike & 25 mile bike Starts at Franklin High School

40 mile – 8:30am

25 mile – 10am

https://franklinfoodbank.org/tourdefranklin/

May 4 Sandy Hook Lighthouse 5K 8:30

https://runsignup.com/Race/NJ/SandyHook/SandyHookLighthouse5K

Highland Park 5k 9am

https://runsignup.com/Race/NJ/HighlandPark/hp5k

5/18/24 NJ Sharing Network 5k 8:30 Registered Wakefern

https://www.sharingnetworkfoundation.org/5k

5/18 Como Commotion By The Ocean Rumson Hash- at The Windjammer. Seaside Park hash Run starts at 10:17 Members only

5/25/24 Spring Lake Five Mile Run Saturday 8:30am then free food at Bar A.

5/26/24 Navesink 1.2-mile swim 8:15 AM park at Bank or post office

https://raceforum.com/navesink

5/27/24 North Brunswick Memorial Day 5k 8:30am North Brunswick Community Park Route 130 South

https://runsignup.com/Race/NJ/NorthBrunswick/NB5K

6/1/24 Avon 8:30a

https://runsignup.com/avon5k

then

6/1 RVRR Training Run

https://www.rvrr.org/events/training-run

6/2/24

ELLIOTT DENMAN NJ INTERNATIONAL TRACK & FIELD MEET

June 2, 2024 Monmouth Univ

Community 1 Mile Stroll Open To All 4:55 PM

https://www.shoreac.org/schedule-of-events.html#/

6/8/24

Sea Isle City, 5k Peyton's Promise 5K Run for CDH Research 10:15am

https://runsignup.com/Race/NJ/SeaIsleCity/PeytonsPromise5KRunforCDHResearch?aflt_token=vkmwDmweQ4iCYn8otSOOnKQ3vCO8buOw

June 14, 2024 Cleveland Towpath Twilight 5K 7:10pm

also 10K, 10 Mile, and 5K race

Sokolowski's Overlook

June 22, 2024 Terry Bolan Allenhurst 5K

Sat 8:30

https://runsignup.com/Race/NJ/Allenhurst/TerryBolanAllenhurst5K

RVRR Summer series Tuesday Nights: June 25th • July 9th • July 23rd Tuesday night Raritan Valley Road Runners RVRR 5k summer series Highland Park Donaldson Park 7pm https://www.rvrr.org/races/summer-series

June 29, 2024 Red, White & Blue 5K 8am Sat

Clark, NJ 07066 CJRR

https://runsignup.com/Race/Events/NJ/Clark/OakRidgeParkRedWhiteBlue5K

Jun 29 Secret 10 Mile, 10 Bar run/bike 10:17 Rumson HHH

Hazelton 5k July 4 8:30 AM

http://neparunner.com/calen/calen07.html

July 6 PECKVILLE PA SAT 9:00 AM

http://neparunner.com/calen/calen07.html

July 13 Long Branch Run>Swim>Run Long Branch 7:15am

https://www.trisignup.com/Race/NJ/LongBranch/LongBranchRunSwimRun

Jul 13, 2024 7:30AM Sea Bright Andy Rooney Ocean Mile Swim 7:30AM Saturday

https://raceforum.com/sbswim

July 13 Belmar Bar Hash run Crawl 10:17am

Belmar Train station DMW / Cumby

7/17 Woodbridge Pizza 4 miler 7pm Wednesday Wakefern Shoprite supports

https://runsignup.com/Race/NJ/Sewaren/DowntownWoodbridge4MilePizzaExtravaganza

7/20/24 Manasquan Ocean Mile Swim 8:00AM AND 1/2 Mile swim

https://www.raceforum.com/squanswim

7/21/24 New Jersey State Triathlon

https://www.active.com/west-windsor-nj/triathlon/challenge-new-jersey-state-triathlon-2024

July 27, 2024 Summer Vercammen hash run 10:17am Neptune

July 28 East Brunswick 5K Run/Walk Supporting Veterans VFW 9am Sun Wakefern Shoprite

https://runsignup.com/Race/NJ/EastBrunswick/Benefit5KRunWalk

8/3 Sea Girt 5K 8:30am

http://seagirt5k.com

Freehold FARC summer RACE DATES: Every Wednesday night June -July

Monmouth Battlefield

26 FARC 5K Summer Series Monmouth Battlefield Park, Manalapan, NJ 5K 6:45 PM 26 FARC Kid's Summer Nights Monmouth Battlefield Park, Manalapan, NJ Various 6:00 PM

LAKE TAKANASSEE SUMMER SERIES

Event Dates: Monday Nights, July 1, 8, 22, 29 and August 8, 2024

Event Location: Lake Takanassee – 800 Ocean Avenue, Long Branch, N.J. – Parking behind St. Michael’s Roman Catholic Church

https://www.shoreac.org/lake-takanassee-series.html#/

8/4/ Long Branch 1 Mile Ocean Swim 8am

https://www.facebook.com/LongBranchMile/

https://runsignup.com/Race/NJ/LongBranch/LongBranchOceanMileSwim?fbclid=IwZXh0bgNhZW0CMTAAAR1tuYG4d1PtqK4tYE0rDgtVnwDKEfpXGlOFGh3gEJvMO0hh-W0kivxQXtA_aem_AXMOipSKWau85oUdPllQQJd8IibgjpsUEL70ZEdRHSgvW-4cvgyLOJwXLXg4S3HZ46tWBtyYfJWDSoA76lSa7Ca_

8/10/24 Asbury Park Sheehan Classic 5k 8am SAC

https://runsignup.com/Race/NJ/AsburyPark/AsburyPark5K