2053 Woodbridge Avenue - Edison, NJ 08817

Friday, July 20, 2007

NJ Laws Newsletter E153 May 11, 2004

The new Law Office T- shirts are in for our Edison office. "My Attorney Fights to Win" Clients and friends wishing a T- shirt they will wear themselves simply need to call the office and advise the day and time they will be in to pick up T-shirt. Large and XL available. Also available are the car coffee holders with American Flag.

In this issue:
1. Refusal to take Breathalyzer test penalties increased
Increased Refusal Law
2. Seminar- Recent DWI, Drug and Criminal Cases and the New Alcotest Breath Machine Thursday May 20, 2004 10am-12
3. Volleyball in Edison
4. Penalties for leaving car insurance card at home increased.
5. Municipal Ordinance Not Pre-empted By State or Federal Law.
Next issue- Elder Law

1. Refusal to take Breathalyzer test penalties increased
Increased Refusal Law
Persons who refuse to submit to such a test would lose their driver's license for seven months to one year for a first offense , increasing the penalty from 6 month suspension.
The bill also amends the refusal statute to specify that the period of license suspension imposed for a first offense of refusing to submit to a breathalyzer test may be concurrent or consecutive to a license suspension imposed for a drunk driving offense arising out of the same incident.
Subsequent offenses will result in a suspension in non-school zone cases of two years for a second offense and ten years for a third or subsequent offense. Second and subsequent license suspensions must be served consecutively to a DWI suspension.
The fine range has been increased in non-school zone cases as well. First offense fine is $300 to $500. Second offense is $500 to $1000. Third offense is $1000. Law is S-863/A-2259

2. Seminar- Recent DWI, Drug and Criminal Cases and the New Alcotest Breath Machine Thursday May 20, 2004 10am-12
New Jersey State Bar Association Annual Meeting Program Atlantic City Bally's

Speakers: Kenneth A. Vercammen, Esq. of Edison, NJ
Hon. Emery Toth, Esq., Judge Woodbridge,
Edison and Perth Amboy
Peter Nastasi, Prosecutor- Edison, Jamesburg,
MIchele Verno, Prosecutor, Egg Harbor
Arnold Fishman, Esq. of South Jersey, Co- Counsel on
7110 Alcotest machine case

Topics: * New DWI law with .08 BAC
* The New 7110 Breathalyzer Testing Machine-
*Recent Cases Involving DWI or Drugs
* New Refusal law and pending Legislation
* New Court rules to limit plea bargaining
* Blood Test Admissibility in a DWI or Drug
* Suppression and other Pre-trial Motions
One speaker will also provide updated information on the new Alcotest Mark III MK breath test machine that will replace the Breathalyzer Model 900 and 900A, used in New Jersey for the past thirty years. He will also discuss the science and operation of this new breath test machine, and consider its impact on breath testing in New Jersey. This information is critical for attorneys who represent plaintiffs or defendants in DWI matters.

Materials Provided to all Attendees:
1. First offender penalties increased and BAC .08
2. Third offender mandatory jail
3. Pending Refusal Legislation
5. DWI Cross Examination Questions
7. Drug & Drunk Driving Cases 2002-2003
8. NJ Laws website article list and website links www.njlaws.com
9. Marijuana Law
10. Beer, alcohol & Calories
11. DWI blood defenses
12. School Zone Penalties
13. NJ Municipal Court Law Review

For details, call NJSBA at 732-249-5000 for meeting registration Ken Vercammen, Esq. for program information 732-572-0500

3. Volleyball in Edison !

I invite past law Clerks, friends and clients to our office for a volleyball game in the backyard of our Edison office. We will play the following days:
Tuesday, May 18 5-7 pm
Wednesday, May 19 4:50-6pm

We will supply soda, beer, pretzels, volleyball and volleyball net. You bring anything else you want. Adults only, spiking permitted.

4. Penalties for leaving car insurance card at home increased.
If you leave your insurance card at home, you will receive a $150 ticket and may have your car impounded. On June 9, 2004, the provisions of N.J.S.A. 39:3-29.1a become effective. This new statute will require a person who has been issued a summons and complaint charging a violation of N.J.S.A. 39:3-29 for failure to produce insurance credentials to provide the issuing law enforcement agency with proof of insurance within 24 hours. Failure to do so shall result in the issuance of a warrant (the statute does not specify who will issue it) for the immediate impoundment of the vehicle. For more details, visit Bob Ramsey's website at www.muni-mail.com.

5. Municipal Ordinance Not Pre-empted By State or Federal Law. State v. Stafford ___ NJ Super. ___ A-1564-02T3 (App. Div. December 15, 2003). The municipality’s public health nuisance regulations regarding the feeding of geese and other migratory waterfowl were not unconstitutionally vague, and the provisions were not preempted under the Supremacy Clause by federal statutes or by a related executive order. In his appeal from two convictions of violating municipal nuisance ordinances prohibiting the feeding of migratory wildfowl, the Law Division judge correctly found that there was sufficient evidence to sustain the convictions beyond a reasonable doubt, but the practice mandated in N.J.S.A. 2C:1-8a(4)-- that a conviction under a statute that prohibits a kind of conduct generally should be merged with a conviction for a specific instance of such conduct-- should be followed in cases involving violations of a municipal code, and defendant’s conviction is affirmed as modified by merger of the offenses; the ordinance under which defendant was convicted is not unconstitutionally vague since it unambiguously declares and defines the nuisance addressed (Guidi v. City of Atl. City and State v. Golin are distinguished); nor is the ordinance preempted under the Supremacy Clause by federal wildlife protection statutes or a related executive order, since they give no indication that Congress intended pre-empt State or municipal public health laws aimed at correcting conditions detrimental to public health. Source: 12 NJL 21

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

Editor's Note and Disclaimer: All materials Copyright 2003-2004. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
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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