2053 Woodbridge Avenue - Edison, NJ 08817

Sunday, December 08, 2019

E574- 1. Holiday Gift Idea! .....Gift Certificates for Wills or Power of Attorney’ 2. New DWI law starting December 1 requires Ignition Interlock Device for anyone who owns a car but Reduced DL suspension 3. Next Community Events: 4. Fun Upcoming Running Races & Charity events

E574
1.   Holiday Gift Idea! .....Gift Certificates for Wills or Power of Attorney’
2.   New DWI law starting December 1 requires Ignition Interlock Device for anyone who owns a car but Reduced DL suspension 
3.   Next Community Events:
4.   Fun Upcoming Running Races & Charity events


1. Holiday Gift Idea! .....Gift Certificates for Wills or Power of Attorney

   During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift, which truly shows how much you care? Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done.

The Law Office of Kenneth Vercammen's Holiday special includes:
*A Basic Will without Trust
* Follow up legal advice
*A 2-year subscription to the NJ Laws Email News
- All for only $350.00! -
Call 732-572-0500 for the Gift Certificate
Details on Wills:
http://www.njlaws.com/wills.html 
Power of Attorney:
      A portion of your Will and Estate Planning is tax deductible for income tax purposes. Do your Estate Planning prior to December 31 and a portion of your fees can be written off on your taxes as Estate Tax Planning.

      My annual favorite: Singing Yellow Lab puppies like Lexi dog
Caroling Canines! click:

      
      Rockin' Around the Christmas Tree
Rocking around the Christmas Tree
at the Christmas party hop
Mistletoe hung where you can see
Ev'ry couple tries to stop

You will get a sentimental feeling When you hear voices singing
"Let's be jolly; Deck the halls with boughs of holly" Rocking around the Christmas Tree
Have a happy holiday
Everyone's dancing merrily
In a new old fashioned way

Rocking around the Christmas Tree
Let the Christmas Spirit ring
Later we'll have some pumpkin pie
and we'll do some caroling

You will get a sentimental feeling When you hear voices singing
"Let's be jolly; Deck the halls with boughs of holly" Rocking around the Christmas Tree
Have a happy holiday
Everyone's dancing merrily
In a new old fashioned way
 by Johnny Marks


     Holly Jolly Christmas
Have a holly, jolly Christmas;
It’s the best time of the year
I don’t know if there’ll be
snow but have a cup of cheer
Have a holly, jolly Christmas;
And when you walk down the
street
Say Hello to friends you
know and everyone you meet
Oh ho, the mistletoe
hung where you can see;
Somebody waits for you;
Kiss her once for me
Have a holly jolly Christmas
and in case you didn’t hear
Oh by golly, have a holly
jolly Christmas this year
by Johnny Marks

2. New DWI law starting December 1 requires Ignition Interlock Device for anyone who owns a car but Reduced DL suspension 

     New laws signed expanding the use of ignition interlock device for those convicted of drunk driving offenses and of refusing breath tests. The legislation (S824) also reduces the length of license suspension and forfeitures for these offenses. New law took effect December 1, 2019
    This law requires that first time offenders install ignition interlock devices (IID), at a cost to the offender. IIDs and suspensions from then on are based upon the severity of the offense. 

   There is a new December 4, 2019  DIRECTIVE #25-19 AOC Implementation of New DWI Law Includes Expanded Use of Ignition Interlock Devices for First-Time Offenders from Hon. Glenn A. Grant, J.A.D. of the AOC.

Attorneys and court staff show read the lengthy memo. We added the relevant portion of the new directive to
https://dwidrugarrest.blogspot.com/2019/12/directive-25-19-aoc-implementation-of.html

    Below is a portion of the NJ Bar Association DWI seminar moderated by Miles Winder, which updates our previous email newsletter:                                                                           

First-time offenders with BAC of:
0.08 to 0.10 

Fine
Old law $250-400 + 389
New same
IDRC
12-48 hrs
same
Jail
30 days discretionary
same
Suspension
90 days
New Law: suspension Until install of interlock and proof to MVC
Interlock
6 months – 1yr discretionary (after suspension)
3 months after install
Source: NJ Bar seminar
 (1)   For the first offense:
     (i)    if the person's blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days [and. In addition, the court shall [forthwith] order the person to forfeit [his] the right to operate a motor vehicle over the highways of this State [for a period of three months] until the person installs an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates, for the purpose of complying with the provisions of  P.L.1999, c.417 (C.39:4-50.16 et al.)

     First Offense 0.10 to 0.15 - must install ignition interlock at own cost

Fine
Old $300-500 + 389
New same
IDRC
12- 48 hrs
same
Jail
30 days discretionary
same
DUID
7-12 months DL suspension
same
Suspension
7-12 months
New Law: suspension Until install of interlock and proof to MVC
Interlock 
6 months -1yr
Discretionary (after suspension)
7-12 months after install Source: NJ Bar Assoc Seminar
 (ii)   if the person's blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days [and]; 
     in the case of a person who is convicted of operating a motor vehicle while under the influence of a narcotic, hallucinogenic or habit-producing drug or permitting another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by the person or under the person’s custody or control, the person shall [forthwith] forfeit [histhe right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year 


higher than 0.15 - must install ignition interlock at own cost
Fine
$300-500 +389
same
IDRC
12 -48 hrs
same
Jail
30 days discretionary
same
Suspension
7-12 months
Until install of interlock and for 4- 6 months after installation
Interlock
6 months – 1yr mandatory during suspension and 6 months -1 yr after suspension
Interlock remains between 9- 15 months after license restored
Source: NJ Bar Assoc Seminar
      in the case of a person whose blood alcohol concentration is 0.10% or higher but less than 0.15%, the person shall forfeit the right to operate a motor vehicle over the highways of this State until the person installs an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates, for the purpose of complying with the provisions of  P.L.1999, c.417 (C.39:4-50.16 et al.);  
     in the case of a person whose blood alcohol concentration is 0.15% or higher, the person shall forfeit the right to operate a motor vehicle over the highways of this State for a period of not less than four months or more than six months following installation of an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates, for the purpose of complying with the provisions of  P.L.1999, c.417 (C.39:4-50.16 et al.);


     If someone does not own a car.
n  Attest to Court that you don’t own, lease or operate a motor vehicle – Lose License for Interlock Period
Offense
BAC
Suspension
1st
0.08 to 0.10
3 months

1st
0.10 to 0.15
7 to 12 months if you don’t own a car

1st
Over 0.15
9 to 15 months if you don’t own a car

2d offense
2 to 4 years if you don’t own a car

   
For most working people it is better to buy a cheap car and pay for interlock so you can get your license restored

    In a future newsletter we will outline penalties for Refusal to tax breath test and other new penalties
   YouTube video
NJ DWI First offense penalty after 12-1-19

Other video at


3. Next Community Events:

New date Dec 6  Metuchen Christmas Tree Lighting 6pm

December 11, 2019  Recent NJ Municipal Court Cases- the Foundation of the Municipal Court Attorney’s Arsenalplus four prosecutors and the Author of the NJSBA’s new book on DWI and Drug Defense discuss the new DWI law effective December 1
-an NJICLE webinar-
Wednesday, Noon-1:40pm
Location: Online or NJ Law Center One Constitution Square
New Brunswick, NJ 08901 [next to Rutgers Cook campus]

Featuring:
Kenneth A. Vercammen, Esq.
Past Chair, NJSBA Municipal Court Practice Section
Past NJSBA Municipal Court Practitioner of the Year

Francis M. Womack, III, Esq.
Municipal Court Prosecutor Edison, Piscataway, Sayreville, South Amboy Woodbridge, Also North Brunswick Mayor

David R. Spevack, Esq.
Municipal Court Prosecutor Edison, Woodbridge, Carteret

John E. Kawczynski, Esq.
Municipal Court Prosecutor Metuchen & Piscataway

Chirag Mehta, Esq.
Prosecutor  Irvington and Morris Plains and Municipal Court Alternate Prosecutor Edison, New Brunswick, Rockaway Township, and Perth Amboy.

The top 25 New Jersey decisions and new laws
Webinar WMCP064819 One Constitution Square, New Brunswick, NJ 08901 Phone: (732) 214-8500 · CustomerService@njsba.com
https://tcms.njsba.com/personifyebusiness/njicle/CLEPrograms/NJICLEEventsCalendar/MeetingDetails.aspx?productId=46728604

4. Fun Upcoming Running Races & Charity events participated by Kenneth Vercammen- Ken V is running 60 charity races in 2019

12/ 7  Big Chill 5k Rutgers New Bruns      10am 
http://recreation.rutgers.edu/big-chill/  Run with the RVRR team

12/8/19  Jingle Bell Run for Arthritis 5k run 9:30 Metuchen NJ  Wakefern Shoprite co sponsor

12/14 USATF National Championship cross-countryBethlehem PA Lehigh Univ.
12/18 RVRR Running Club sings Christmas songs at New Brunswick establishments https://www.facebook.com/groups/RVRoadRunners/

December 21th Saturday 9:30am - Hoboken Jingle Bell 5k in Hoboken

Jan 11, 2020  Secret Mystery Winter Trail Run 2.5 mile & 5 Mile Group Run 10:17am Start Location: Secret Mystery wooded area North Brunswick to be emailed to pre-registered. Only $20.00 via https://runsignup.com/Race/NJ/NorthBrunswick/SecretMysteryRun

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