In this issue:
1. Warning- New surcharge of $250 on no point ticket!
2. New articles on website www.njlaws.com:
1. Cruelty to Animals; disorderly persons offense; certain acts
2. Fraudulent documents to police and government
3. Obstructing Administration of Law or Other Governmental Function
4. School Zone Distribution of Drugs
5. Commercial Driver License
6. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person
7. Penalties for operating vessel under the influence- Boating DWI
8. Answer to a Civil Complaint in the Superior Court Law Division Civil (Suits over $15,000)
9. Medicaid has lien on special needs Trust Waldman v. Condia NJ Super.
10. Palimony Law in New Jersey
11. Deemer statute applying verbal to out of state driver is not unconstitutional
12. Verbal Threshold-
13. Tort Claims Affecting Personal Injury against Municipalities- Important cases
3. If injured and you had an uninsured car, you cannot file suit for personal injury.
4. Judge can reject Plea bargain
5. July 4 Ken Vercammen wins East Stroudsburg 5k 18:03 1st overall
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1 Warning- New surcharge of $250 on no point ticket! Effective July 1, 2004, a guilty plea to the no point ticket of unsafe driving "39:4-97.2" violation will involve a $250 surcharge imposed in municipal court, plus a fine of approximately $150, plus court costs of $35. The $250 surcharge money will be forwarded by the court to the Motor Vehicle Commission MVC. This version passed both houses of the Legislature on 6/24/04. Do not try to negotiate a ticket until you have an in office consultation with an experienced attorney.
The Attorney General has promulgated a uniform warning that is to be given to motorists who are charged with a violation of N.J.S.A. 39:3-29 as a result of failing to produce valid proof of liability insurance. The warning reads as follows:
"You have been issued a Traffic Ticket charging you with failing to possess and exhibit an insurance identification card for the motor vehicle you were operating at that time, in violation of N.J.S.A. 39:3-29. Within 24 hours of the time entered on the Traffic Ticket issued to you, N.J.S.A. 39:3-29.1a(a) requires you to present the insurance identification card or other satisfactory proof of insurance for this motor vehicle, to the law enforcement agency that issued that Traffic Ticket. If you do not comply with those requirements within 24 hours, the law enforcement agency may apply to the Court for a Warrant of impoundment of the motor vehicle you were operating at the time of the [sic] Traffic Ticket was issued. If the Court issues a Warrant of impoundment for the motor vehicle you were operating, that vehicle will be subject to immediate impoundment under the provisions of N.J.S.A. 39:3-29.1a(a). The registered owner of that motor vehicle will be responsible for the costs for removal and storage of that vehicle."
2. New articles on website www.njlaws.com
4:22-17 Cruelty to Animals; disorderly persons offense; certain acts
http://www.njlaws.com/cruelty_to_animals.htm
2C:21-2.1 Fraudulent documents to police and government
http://www.njlaws.com/fraudulent_documents_to_police_and_government.htm
2C:29-1. Obstructing Administration of Law or Other Governmental Function
http://www.njlaws.com/obstructing_administration_of_law_or_other_governmental_function.htm
2C:35-7 School Zone Distribution of Drugs
on or within 1,000 feet of school property
http://www.njlaws.com/school_zone_distribution_of_drugs.htm
39:3-10.18 Commercial Driver License
http://www.njlaws.com/commercial_driver_license.htm
33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person
http://www.njlaws.com/underage_drinking.htm
12:7-46. Penalties for operating vessel under the influence- Boating DWI
http://www.njlaws.com/boating_dwi.htm
Answer to a Civil Complaint in the Superior Court Law Division Civil (Suits over $15,000)
http://www.njlaws.com/answer_to_a_civil_complaint_in_the_superior_court.htm
Medicaid has lien on special needs Trust Waldman v. Condia NJ Super.
http://www.njlaws.com/medicaid_has_lien_on_special_needs_trust.htm
Palimony Law in New Jersey
http://www.njlaws.com/palimony_law_in_new_jersey.htm
Deemer statute applying verbal to out of state driver is not unconstitutional
http://www.njlaws.com/deemer_statute_is_not_unconstitutional.htm
Verbal Threshold-
http://www.njlaws.com/verbal_threshold.htm
Tort Claims Affecting Personal Injury against Municipalities- Important cases
http://www.njlaws.com/tort_claims_affecting_personal_injury_against_municipalities.htm
3. If injured and you had an uninsured car, you cannot file suit for personal injury. Caviglia v. Royal Tours of America 178 NJ 460 (2004).
N.J.S.A. 39:6a-4.5a, which precludes an uninsured driver from suing the tortfeasor for noneconomic damages arising from an automobile accident, (1) does not violate due process because it does not implicate a fundamental right and because it is rationally related to and furthers a legitimate state interest and (2) does not violate the equal protection rights of uninsured drivers under the U.S. or New Jersey Constitutions. Source: New Jersey Lawyer February 23, 2004 p. 15
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4. Judge can reject Plea bargain State v. Madan __ NJ Super. __ A-918-02T4 (App. Div., Decided January 28, 2004).
A trial court has broad discretion in deciding whether to accept a plea agreement entered into between a defendant and the state. That discretion, however, is neither limitless nor unstructured. If the court rejects a plea agreement because of an erroneous interpretation of the law or by relying on selected facts that are disputed on the record, the exercise of discretion is improper.
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5. July 4 Ken Vercammen wins East Stroudsburg 5k 18:03 1st overall
Race name: Hot Dawg Glory Run East Stroudsburg , PA 5k.
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Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
NEW PHONE 732-572-0500
New (Fax) 732-572-0030
website: www.njlaws.com
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Always schedule an office appointment with an experienced attorney when you have a legal matter. The Rules of Court limit an attorney's ability to discuss matters over the phone. If you have legal questions, you should schedule an in- office consultation.
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