E703 VercammenLaw News

1 Refusal to take breath test affirmed where defendant offered no valid reason why he could not provide a proper breath sample

2 New Rules for Pre-Court Installation of Interlock Device of persons pending a DWI

3 Videos: Can I disinherit my spouse, domestic partner, children or family under my Will? Yes

4. Lexi dog spinning on Youtube

5 Municipal Court Section officers and trustees

6. Photo Brent Bramnick Esq & Ken Vercammen Esq

7 More Running Races for Charity

1 Recent cases Refusal to take breath test affirmed where defendant offered no valid reason why he could not provide a proper breath sample

State v. Simmons

Defendant appealed his convictions for driving while intoxicated and refusal to submit to a chemical breath test. Defendant failed a field sobriety test and was arrested for suspicion of DWI. At a nearby law enforcement facility, defendant again failed sobriety tests. Defendant was provided his Miranda rights, after which he admitted consuming alcohol and agreed to provide a breath sample. When the trooper attempted to obtain a breath sample, however, defendant failed to breathe out sufficiently for the equipment to obtain a reading. The trooper believed defendant was not trying to provide a proper sample. Defendant was tried in municipal court for DWI and refusal. Defendant called an expert witness in breath analyzer equipment and field sobriety testing, and also a lay witness. The expert challenged the reliability of the trooper's field sobriety tests and disputed the trooper's assertion that he continuously monitored defendant for twenty minutes prior to the breathalyzer test because the record showed the trooper performed a "control solution change" on the equipment during that period. Municipal court found defendant guilty on both charges. Municipal court deemed the trooper credible and concluded direct and circumstantial evidence demonstrated defendant was under the influence of alcohol and was "operating" a vehicle for purposes of the DWI statute.

Municipal court noted defendant was the sole occupant of his vehicle and defendant admitted he had consumed alcohol. Municipal court also concluded the trooper's rebuttal testimony explaining the circumstances of the equipment solution change negated defendant's claim, and defendant offered no valid reason why he could not provide a proper breath sample. Defendant appealed. On de novo review, trial court found defendant guilty. Defendant appealed. Court affirmed, emphasizing the deferential nature of its review of trial court's determination. Court affirmed substantially for the reasons set out by trial court in its well-reasoned decision. Court deemed trial court's factual and credibility findings supported by sufficient credible evidence and noted that municipal court's credibility findings were not at issue in defendant's appeal. A-3438-21 Unreported Source Daily Briefing 2023-08-01

2 New Rules for Pre-Court Installation of Interlock Device of persons pending a DWI

Drivers required to make multiple trips to MVC when they install interlock pre-court

Interlock of New Jersey Inc advises that MVC will require any offender who installs pre-court to return to Motor Vehicle a second time in order to start their sentence.

MVC sees the new law as not giving credit to offenders for interlock time served prior to conviction. They contend that the sentence lengths post-conviction will remain the same. As a matter of process, they will need a start time for the interlock requirement and will need the offender to return to MVC with a second certificate from the interlock provider. Once they return to MVC with this certificate, the sentence of the judge will begin from that date.

Here are the steps for the offender:

Pre-Conviction

1. Bring ticket to interlock provider and have interlock installed.

2. Take pre-conviction installation certificate, work order and invoice, provided by interlock company to MVC and apply for restricted use license.

3. MVC will give paper document if approved and send actual license in the mail. The license is the proof of pre-court installation to be used at court.

Post-Conviction

1. Must get Order & Certification from the court.

2. Contact interlock provider and coordinate exchanging the Order & Certification for a post-conviction installation certificate to rectify that interlock is still installed.

3. Return to MVC and present the recertification. MVC will notate drivers record indicating that interlock is installed. The date of this event will mark the beginning of their interlock sentence.

Without this return trip, their interlock time will not start - so if you have any clients who have installed pre-court and have been sentenced, let them know to reach out to their interlock provider for recertification and to make the trip to MVC in order to start their sentence.

The above advice came from Jason Gooberman, President of Interlock of New Jersey.More details at IDNJ.com

3 Recent Videos: Can I disinherit my spouse, domestic partner, children or family under my Will? Yes

https://youtu.be/LLH9xZfljmk

Can I disinherit my spouse, domestic partner, children or family under my Will? The answer is yes; however, a surviving spouse or domestic partner may be able to file for an elective share against the Estate and if good cause is shown a disinherited child may also seek to recover a share of the Estate.

What is Probate?

https://youtu.be/bNbdhtmStds

What is a Living Will?

https://youtu.be/2Sn6OK-DsR0

What is a Power of Attorney?

https://youtu.be/FZKWhc5zuOc

4. Lexi dogtricks & spinning on Youtube

https://www.youtube.com/shorts/KXZmeQMBmo4

5 Photo Municipal Court Section officers and trustees

Attorneys: Join the MUNICIPAL COURT PRACTICE SECTION of the NJ STATE BAR ASSOCIATION

The Section sponsors seminars on handling cases in Municipal Court, social events and a helpful list serve. Only $35.00 per year.

As a Section member you will have the opportunity to:

• Join connected communities for networking and information.

• Keep abreast of the latest developments in your practice area through seminars, workshops, newsletters and social and networking events including

• Receive valuable discounts for related ICLE programs.

• Meet prestigious Prosecutors, Judges and defense Attorneys.

• Participate in the legislative process by reviewing pending legislation and assisting the leadership in recommending new laws or changing existing laws and Court Rules.

The Municipal Court Practice Section works to enhance the professionalism of the Municipal Courts through identification and recommendations for resolution of issues in Municipal Courts, and sponsors the Municipal Court Practice Award. https://tcms.njsba.com/personifyebusiness/Portals/0/NJSBA-PDF/miscellaneous/2017%20Section%20Application.pdf

Attorneys and Professionals invited to August 2 Summer Happy Hour at Headliner Club in Neptune overlooking the Shark River. RSVP please email VercammenLaw@Njlaws.com

Free Office Space for New or Transitional Attorney and & Mentor program- Edison, NJ Kenneth Vercammen has a space sharing opportunity for new lawyer or recent Transitional attorney to get experience, learn NJ Law office procedures and work on Municipal court cases. This is a mentoring experience where you can learn NJ Law Office Procedure. If interested, email a resume and cover letter. KENNETH VERCAMMEN, Esq. 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500https://www.njlaws.com/office_space.html

6. Photo Brent Bramnick Esq & Ken Vercammen Esq 2024 NJAJ Boardwalk seminar in Atlantic City.

7 More Running Races for Charity

Ken is running 65 races in 2024 to celebrate 65^th birthday.

6/1/24 Avon 8:30

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

Event Date: Sunday, 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

Sokolowski's Overlook

1201 University Rd, Cleveland, OH 44113

https://www.canalwaypartners.com/events/2024/06/14/towpath-twilight

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 US

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

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

Freehold FARC summer 5k Wednesday night June 26 • July 10 • July 17 • July 24 • July 31 Monmouth Battlefield Monmouth Battlefield Park, Manalapan, NJ 6:45 PM

July 4 Hazelton 5k 8:30 AM

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

July 6 PECKVILLE PA SAT 9:00 AM PECKVILLE, PA

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

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

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