E370 1. Recent Cases: Provisional Decal Legal. 2. On DWI, Court can Weigh Mitigating Factors. 3. Upcoming Events

NJ Laws Email Newsletter E370 Kenneth Vercammen, Attorney at Law June 15, 2011

Office Phone Number: (732) 572-0500 www.njlaws.com In This Issue: 1. Recent Cases: Provisional Decal Legal. 2. On DWI, Court can Weigh Mitigating Factors. 3. Upcoming Events

1. Provisional Decal Legal. Trautmann v Christie ____ NJ Super. ____ (App. Div. 2011) A-3139-09T3 This appeal challenges Chapter 37 of the Laws of 2009 which requires a driver under the age of twenty-one who holds a permit or provisional license to display a decal so indicating on the automobile he or she drives. The court held that a person's age or age group is not "personal information" protected under the Federal Drivers Privacy Protection Act, 18 U.S.C.S. §§ 2721-2725 and that Chapter 37 is therefore not preempted by the federal act. The court also rejects allegations that Chapter 37 violates the affected driver's rights to equal protection and freedom from unreasonable search and seizure. 02-22-11 Source:dailybriefing@njsba-njldailybriefing.com 2. On DWI, Court can Weigh Mitigating and Aggravating Factors. State v Henry ____NJ Super. ____ (Law Div. 2011) Mercer Municipal Appeal 2010-16 In determining the term of incarceration for a defendant convicted of a second DUI offense, the court held that aggravating and mitigating factors prescribed by the Criminal Code, N.J.S.A. 2C:44-1, if appropriately tailored, provide an appropriate guide for the exercise of sentencing discretion, although the factors are not mandated. The court also held that a driver's extremely high blood-alcohol level may be considered an aggravating factor, and does not constitute impermissible double counting of an element of the offense. The court also held that a probationary sentence conditioned on a jail term is authorized by N.J.S.A. 39:5-7, so long as the court imposes at least the mandatory custodial term under N.J.S.A. 39:4-50. 2/10/2011 Source:dailybriefing@njsba-njldailybriefing.com 3. Upcoming Events: Join us at the Next exciting events. If you can't run or swim you can volunteer June 17, 2011 Sandy Hookers Triathlon Club Friday night swims at Pier Village, Long Branch then snacks afterwards only $1.00 June 18, 2011 Long Branch Sprint Triathlon Series-1 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch NJ 732-614-6028 Sandyhookers.org George Sheehan Classic 5 mile 5M, 8:30 Red Bank jsrc.org June 19, 2011 Happy Father's Dad to my Dad, veteran of Korean War, past president Metuchen First Aid, Senior marcher of Edison Elks in Wildwood Patriotism parade June 20, 2011 PRESIDENT'S CUP NIGHT RACE, 5K, 8pm, Charlie Browns, Millburn Free beer, big post race party June 24, 2011 Will seminar at Ken's office June 25, 2011 Rumson 10 mile, 10 bar Long Branch to Belmar This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Cheap beer Finish at Bar A June 26, 2011 Yankees Old Timers Day June 28, 2011 Tuesday night Raritan Valley Road Runners RVRR 5k summer series New Brunswick Buccleuch Park 7pm June 29, 2011 RVRR pub crawl New Brunswick July 8, 2011 Vercammen Summer Happy Hour The 35th Annual Vercammen Summer Blast Free Food 5-7 Hot & Cold Buffet with carving station $1.00 Drafts 6-7 [need special wrist band from Ken V] Games & prizes We will be at outside bar #1 in the back, near cabana 1, not far from outdoor band duo called the Toxic Twins, who play 5-9 Hydrate for Belmar 5 mile Race the next day - Meet the "SuperLawyers" of NJ This is open to your friends. Please if attending also email Ken's Law Office at VercammenLaw@NJLaws.com so we can put your name on the list for wristbands Appearances by the "Legends of Belmar" and Senator Vercammen Bar Anticipation 703 16th Avenue Belmar, NJ July 9, 2011 Belmar Five Mile Run 5 mile, 8:30am Belmar NJ 732-571-2162 free food at Bar a after race and reduced price beer Contact Ken to join our teams. We need 20 runners who can break 40 minutes for 5 mile. jsrc.org Editorial Assistance provided by Roman Guzik. Mr. Guzik will be entering his second year of law school at Rutgers - Newark School of Law and is currently participating in our Kenneth Vercammen's summer internship program.