Friday, August 13, 2010
Tuesday, August 03, 2010
NJ Laws Newsletter E345
Kenneth Vercammen, Attorney at Law
July 30, 2010
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
In This Issue:
1.REMINDER INVITE: Happy Hour, Open House, Client & Community Appreciation Social.
RECENT CASES:
2. PTI Dismissal Does Not Automatically Permit Civil Suit.
3. Assignment Judge Can Designate Other Municipal Court Judges to Sign a Warrant.
4. Next Legal Seminar.
5. Speaker's Bureau
Office Phone Number:
(732) 572-0500
Greetings Kenneth Vercammen,
1. Reminder Invite: Happy Hour, Open House, Client & Community Appreciation Social.
Open to the Public
Friday, July 30, 2010 4-7 PM
Kenneth Vercammen Law Office
2053 Woodbridge Avenue,
Edison, NJ 08817
732-572-0500
Thank you to the many persons I've had the pleasure of meeting at community activities, running races, Bar Association events and educational seminars over the past 25 years. You are invited to our 25th Anniversary Party.
RSVP
-Yes, We will be attending the party
Name:____________________________
Email:____________________________
Recent Cases:
2. PTI Dismissal Does Not Automatically Permit Civil Suit. Bustamante v. Borough of Paramus __ NJ Super. ____ (App. Div. 2010) A-1869-08T2 (05-07-10)
Plaintiff's complaint alleging violations of 42 U.S.C.A. §1983, and common law assault and battery, was dismissed pursuant to Rule 4:6-2(e). Plaintiff had been indicted for resisting arrest and aggravated assault upon two of defendant police officers. After pleading guilty to resisting, plaintiff entered PTI and all charges against him were dismissed. Defendants argued that plaintiff's civil complaint was barred by the "unfavorable result" of his guilty plea and entry into PTI, relying upon the holding in Heck v. Humphrey, 512 U.S. 477, 114 S. Ct. 2364, 129 L. Ed. 2d 383 (1994), and Gilles v. Davis, 427 F.3d 197 (3d Cir. 2005). The trial judge agreed and dismissed the complaint with prejudice. The Appellate Division concluded that plaintiff's civil claims are barred by the disposition of his criminal charges only if a potential verdict in the civil case was inconsistent with the underlying criminal charges. Because plaintiff alleged that the officers continued to assault him after he was in custody, his claims were not barred as a matter of law, and should not have been dismissed pursuant to Rule 4:6-2(e).
3. Assignment Judge Can Designate Other Municipal Court Judges to Sign a Warrant. State v. Broom-Smith 201 NJ 229 (2010)
The Court affirms the Appellate Division's determination that N.J.S.A. 2B:12-6 and Rule 1:12-3, which address the designation of judges, were broad enough to authorize the Berkeley Township municipal judge to issue the search warrant for defendant's house in Dover Township under the circumstances presented in this case.
4. Next Legal Seminar
Monday, August 9 - Municipal Court Practice CLE Seminar - 4:30 p.m.
Topic:
2009-2010 Significant Municipal Court Cases & Other Oldies, But Goodies
2.0 NJ CLE Credits
Speakers:
William G. Brigiani, Esq.
&
Kenneth Vercammen, Esq.
Place:
MCBA Office, 87 Bayard Street, New Brunswick.
Cost to attend is $20 for MCBA YLC Members, $25 for MCBA Members and $50 for all others. To RSVP online or print out a registration form click here - August 9th Mun Ct Seminar
5. Speakers Bureau
If you are interested in having an Attorney from Kenneth Vercammen & Associates speak at an event, please the Law Office at 732-572-0500 or kenvnjlaws@verizon.net
Editorial Assistance provided by Nikhil Joshi, who attends The New Jersey Institute of Technology as a Graduate Student. Mr. Joshi obtained his Bachelor's Degree from the University of Washington and is currently participating in Kenneth Vercammen's Summer Internship Program.
Sunday, August 01, 2010
2010 Significant Municipal Court Cases August 9th
August 9th Monday,
4:30 p.m. MCBA Office - 87 Bayard Street, New Brunswick, NJ 08901
Speakers
Kenneth Vercammen, Esq.
Kenneth Vercammen & Associates – Edison
William G. Brigiani, Esq. BRIGIANI & Cohen - East Brunswick William G. Brigiani, Esq. BRIGIANI & Cohen - East Brunswick
Some of the featured cases will include:
-State v. Handy (suppression granted where search based on dispatcher error)
-State v. Marquez (refusal does not stand if driver doesn’t understand English)
-State v. Moran (Judge can suspend Drivers License for Traffic Offense)
-State v. Tsetsekas (DWI dismissed where more than 360 days lapsed)
-State v. Ugrovics (State must prove 20-minute observation prior to breathtest by clear and convincing evidence, but arresting officer can testify to observation)
-State v. Ciancaglini (prior refusal counts for 3rd DWI)
The cost to attend is $20 for Young Lawyers, $25 for MCBA Members and $50 for all others. Light refreshments will be provided.
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2.0 hours of total CLE credit.
To reserve online, click on the "Register for Event Now" button above. To reserve by mail, print out a meeting reservation form (see link below) and return with payment to: MCBA, 87 Bayard Street, New Brunswick, NJ 08901.
August 9th Municipal Court Seminar Reservation Form (pdf)
Info call 732-828-3433, x.102
http://www.kennethvercammen.com/Significant.Municipal.Court.Cases.nj.html
Wednesday, July 14, 2010
NJ Laws Email Newsletter E343
Kenneth Vercammen, Attorney at Law
In This Issue:
1.
Refusal to Submit to Breath Test Conviction Reversed Where Police Did Not Read Notice to Spanish to Driver.
2. 25th Anniversary Party Friday, July 30, 2010 Kenneth Vercammen Law Office
3. Condo Complex Not Liable for Public Sidewalk
4. Congratulations to the winning Raritan Valley Road Runners Club teams at the Belmar 5 Mile running race on July 10
5. Next Community Sports Events:
Phone Number: (732) 572-0500
Greetings!
1. Refusal to Submit to Breath Test Conviction Reversed Where Police Did Not Read Notice to Spanish to Driver. State v. German Marquez (A-35-09) 7-12-10
In this case involving a conviction for refusing to submit to a chemical breath test, the Court holds that New Jersey's implied consent law, N.J.S.A. 39:4-50.2, and refusal law, N.J.S.A. 39:4-50.4a, require proof that an officer requested the motorist to submit to a chemical breath test and informed the person of the consequences of refusing to do so. The statement used to explain to motorists the consequences of refusal must be given in a language the person speaks or understands. Because defendant German Marquez was advised of these consequences in English, and there is no dispute that he did not understand English, his refusal conviction is reversed.
2. 25th Anniversary Party Friday, July 30, 2010 Kenneth Vercammen Law Office
"Celebrating 25 years of providing excellent service to clients and the community" 1985-2010
4-7 PM
Happy Hour, Open House, Client & Community Appreciation Social. Open to the public.
Food, Refreshments, T- shirts and Special Gifts
During the past 25 years I have stayed in touch with the many persons I've had the pleasure of meeting at community activities, running races, Bar Association events and educational seminars. You are invited to our 25th Anniversary Party. The Law office is located at 2053 Woodbridge Avenue, Edison, NJ 08817 near the Nixon Post Office, approximately 1/2 mile from Route 1/ Wick Plaza, and 1 mile from Middlesex County College. There is 50 parking spaces nearby on Russell Ave. and Lillian St. around the corner from Kim's Kafe, on Woodbridge Ave. near the Green Derby Tavern, and across the street on School House Lane.
Visit our website at: www.njlaws.com for Directions
Kenneth Vercammen, Esq. at (732) 572-0500 (Law office)
Fax form to 732-572-0030 or email
kenvnjlaws@verizon.net
-Yes, We will be attending the party
Name: ____________________________
Email: ___________________________
3. Condo Complex Not Liable for Public Sidewalk. Luchejko V. City of Hoboken, CM3 Management Company & Skyline Condominium Association 7-12-10
A-5702-07T2
In this appeal the court had to decide whether, a condominium association has a duty to maintain an abutting public sidewalk as if it were a commercial landowner. The court that a condominium association does not bear such duty or responsibility. The court also rejected other theories of liability against the association and the municipality.
4. Congratulations to the winning Raritan Valley Road Runners Club teams at the Belmar 5 Mile running race on July 10.
Open category
Top 4 times per team
1. 1:50:58.98 RVRR BEER MILE
(27:44.74)
1. 25:53.47 Michael Dixon
2. 27:50.90 Mike Anis
3. 28:26.50 William Hulbert
4. 28:48.11 Michael Loenser
5. 44:56.46 Robert Wright
Masters [over 40]
2. 2:20:37.91 LEGENDS OF BELMAR
(35:09.47)
1. 30:45.37 Neil Van Aartrijk
2. 35:22.64 Kenneth Vercammen
3. 36:05.56 Jim Olivola
4. 38:24.34 Robert Tona
5. 42:25.28 Robert McGill
3. 2:41:03.78
LEGEND OF BELMAR - B
(40:15.94)
1. 34:21.15 Ron Russo
2. 39:39.47 Tom Cusimano
3. 42:53.21 Robert D'Agostino
4. 44:09.95 Ray Petit
5. 51:06.44 Tonghuo Shang
Club category
Top 4 times per team
1. 2:59:24.94 RVRR OLYMPIC DEVELOPMENT
(44:51.23)
1. 35:17.35 Michael Brickley
2. 43:58.18 Noah Papas
3. 44:04.11 David Gross
4. 56:05.30 Julio Davila
5. 58:51.90 Stephen Kornstein
Female:
2. 3:00:20.08 RVRR FAST CHICKS
(45:05.02)
1. 35:41.66 Lianne Price
2. 39:42.29 Shannon Weldy
3. 43:23.03 Sonya Slyman
4. 1:01:33.10 Sandra Risley
Thank you to other runners on our teams, The website only prints the top 5 runners per group.
source:
http://www.eliteracingsystems.com/2010_roadraces_results/2010_belmar_five_team.html
5. Next Community Sports Events:
July 17, 2010
Ocean Grove Biathlon 2M run, 300 yd swim Ocean Grove fast short event. 9am
July 24, 2010
New Jersey State Triathlon (Sprint)Sanctioned Mercer County Park
July 25, 2010
JFK Hospital Roosevelt Park 5k Edison 9am
July 27, 2010
Tuesday Night Raritan Valley Road Runners RVRR 5k summer series New Brunswick Buccleuch Park.
Editorial Assistance provided by Azri Rehman, who attends The College of New Jersey and is participating in Kenneth Vercammen's Summer Internship Program.
Monday, June 28, 2010
NJ Laws Newsletter E341
Greetings Kenneth Vercammen,
1. Defense counsel must advise criminal of deportation consequences. Padilla v. Kentucky 130 S. Ct. 1473 (2010)
Petitioner Padilla, a lawful permanent resident of the United States for over 40 years, faced deportation after pleading guilty to drug-distribution charges in Kentucky. In post conviction proceedings, he claims that his counsel not only failed to advise him of this consequence before he entered the plea, but also told him not to worry about deportation since he had lived in this country so long. He alleges that he would have gone to trial had he not received this incorrect advice The US Supreme Court held because counsel must inform a client whether his plea carries a risk of deportation, Padilla has sufficiently alleged that his counsel was constitutionally deficient.
2. First Amendment voids conviction for dog fight video. US v. Stevens 130 S. Ct. 1577 (2010)
The Third Circuit's reversal of defendant's conviction under 18 U.S.C. section 48 for selling videos depicting dog fighting is affirmed where section 48 was substantially overbroad, and therefore invalid under the First Amendment, because section 48 explicitly regulated expression based on content and was thus presumptively invalid.
3. NJ MVC/ DMV Surcharge Payment Incentive Program
Surcharge payment incentives are now being offered from June 15 to July 30, 2010. This seven-week program is limited to:
Satisfy judgments for non-payment
Restore installment account holders suspended for non-payment
Pay off accounts with interest-only balances
How to get a surcharge payment incentive
Most eligible drivers will receive a notification letter confirming the opportunity to take advantage of a payment incentive. Contact the collection firm listed on your notice:
NOTE: By law, drivers with outstanding surcharges related to Driving Under the Influence (DUI) convictions are not eligible for the incentive program.
If you feel you're eligible for an incentive but did not receive a letter, please contact the collection firm handling your account. If you do not have that information, contact MVC by calling (609) 292-7500 from 8:30a.m. - 4:15 p.m., Monday through Friday. Listen closely to surcharge menu options. Customer service representatives cannot discuss or arrange a specific payment incentive. You will be given contact information of the collection firm that will assist you.
Why is MVC offering payment incentives?
In January, the New Jersey Legislature introduced and passed a law (N.J.S.A. 39:2A-42) to help drivers pay off surcharge debt and get back on the road. MVC is implementing a payment incentive program to support the law.
How long will I be able to take advantage of this program?
The program begins on June 15, 2010 and ends on July 30, 2010. You need to contact the collection firm holding your account and make full payment, if requesting interest write-off, by July 30, 2010.
Is there a penalty if I don't pay off my balance during the incentive period?
No. Drivers who do not take advantage of the incentives will not be penalized.
I received the Surcharge Payment Incentive letter and I have an account statement, should I send a check for the whole balance?
No, do not send a check. First call the collection firm. The firm will review your account and advise you regarding the best incentive option. The firm will also tell you the correct payment amount and how to make the payment.
Who is eligible for surcharge incentives?
Drivers with a judgment for non-payment of surcharges due to point accumulation (6 or more points) or regulatory violations, including driving while suspended, unlicensed driver and uninsured vehicle are eligible for this program.
What is a judgment?
Based on New Jersey Statue (N.J.S.A 17:29A-35) failure to pay your surcharge debt results in an indefinite suspension of your New Jersey driving privilege. In addition, this allows the Motor Vehicle Commission to proceed with judgment action. A Certificate of Debt is filed with the Superior Court in Mercer County. When the judgment is filed, the assessment of statutory cost of collection and interest are included in each judgment issued.
Who is not eligible?
Drivers with an active Driving Under the Influence (DUI) surcharge judgment or refusal to take breathalyzer test. Drivers making surcharge payments on a non-judgment account are also not eligible. More info at:
http://www.state.nj.us/mvc/Violations/surchargeincentive.htm
Name Phone Hours (EDT)
LDC Collection Systems (609) 557-5970 8 a.m.-8 p.m.; M-F
GC Services (866) 318-4222 Noon-9 p.m.; Mon & Thu
9 a.m.-6 p.m.; Tue,Wed,Fri
Goldman & Warshaw (973) 433-2199 8 a.m.-5 p.m.; M-F
Marvel & Maloney (732) 918-7600 8:30 a.m.-5 p.m.; M-F
Weinstock & O'Malley (908) 735-4117 8:30 a.m.-5 p.m.; M-F
4. Next Events:
Saturday, June 26, 2010
Brendan Vercammen graduation party for friends and family. Brendan graduates from South Brunswick HS as a county champion in 3 sports, 3rd all time in school history in wrestling wins, 800/800 in math SAT and 3.7 GPA. He is attending University of Miami on academic scholarship, plus recipient of Edison Elks scholarship, Viking Athletic club scholarship and wrestling Officials scholarship.
Sunday, June 27, 2010
USTAF masters championship 5K 9am Vista Park, [near Toms River], Very well run shore area event.
Editorial Assistance provided by Daniel Ma, who attends Brown University. Mr. Ma is participating in Kenneth Vercammen’s Summer Internship Program.
Tuesday, June 15, 2010
NJ Laws Email Newsletter E340
NJ Laws Email Newsletter
In This Issue:1. School Principal can search vehicle on school grounds.2.Termination of Child Support after High school graduation and upon Emancipation.3. Next Events4. We Appreciate Referrals 5.PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE6. Our Legal Blogs
Phone Number: 732-572-0500
Greetings Kenneth Vercammen
1. School Principal can search vehicle on school grounds. State v. Best 201 NJ 100(2010)A school administrator need only satisfy the lesser reasonable grounds standard rather than the probable cause standard to search a student's vehicle parked on school property
2.Termination of Child Support after High school graduation and upon EmancipationChild support is usually paid through a wage withholding garnishment at the parent'sjob. Child support orders and wage withholding continue forever against you untila Superior Court Judge signs a Formal Court Order terminating or modifying support.It is not sufficient for the payor to simply wait for a child to finish school. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation. For example, the term "emancipation" is sometimes definedas follows: (i) The completion of the child's formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school,it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passinggrades the child shall not be considered emancipated. (ii) Upon the completion ofany of the aforesaid segments of the child's education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shallbe deemed emancipated unless failure to continue on with his education has resultedfrom injury or illness or some other cause beyond the child's control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child.Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papersincluding a copy of the Final Judgment for Divorce, any other Child Support Orders,copy of birth certificate if available, proof of graduation from school or workingfull time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order which your attorney can file without the need for a formal Motion. However, generally a Formal written Notice of Motion must be filed in theCounty Superior Court where the child support Order was entered. The requirementsof the Motion are detailed and must include the correct filing fees. Child supportdoes not end merely if the child reaches 18 and graduates high school. Most childsupport Order continue child support if the child is in college full time. However,don't give up. In the unreported Appellate Division decision of Kozak v Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child supportduring the period of time the child resided at the college campus. The judge properlydetermined it was appropriate to calculate child support only for the period of time the child was not residing at college
3. Next Events:Friday, June 18, 2010JSRC happy hour at Bar Anticipation Happy Hour from 5:30 - 6:30with $1.00 drinks and free hors d'oeuvres.Saturday, June 19, 2010George Sheehan Classic 5 mile 5M, 8:30 Red BankSunday, June 20, 2010Happy Father's Day!A well respected Judge from Sayreville said you are never smarter than your Dad. My favorite memories as a kid were camping with Indian Guides with my dad, latertrips to Miami Beach, mountains of Virginia and Wildwood. Enjoy your day with dador family.Wednesday June 23, 2010 12:15pmLunch & Law Free Seminar- 2010 update Wills and Estate PlanningSaturday, June 26, 2010Brendan Vercammen graduation party for friends and family. Brendan graduates fromSouth Brunswick HS as a county champion in 3 sports, 3rd all time in school historyin wrestling wins, 800/800 in math SAT and 3.7 GPA. He is attending University ofMiami on academic scholarship, plus recipient of Edison Elks scholarship, Viking Athletic club scholarship and wrestling Officials scholarship.Sunday, June 27, 2010USTAF masters championship 5K 9am Vista Park, [near Toms River]Very well run shore area event
4. We Appreciate ReferralsMany of our new clients are referred to us by existing clients and other friends of our firm. We appreciate these referrals, as well as the trust and confidence you show in us by making them. We are pleased to have so many satisfied clients.When a friend, family member or co-worker needs legal assistance, please give themour name and phone number. We handle all types of legal matters, and we can assureyou that every person you refer to us Will receive top quality legal service and representation. We welcome and encourage your referrals, and we sincerely thank you for them
5. PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE2053 Woodbridge Ave.Edison, NJ 08817Excellent space for an Attorney, Financial Planners, Accountant, Insurance Agents,and other Business Professionals as a 2nd location or location to meet clients inEdison.The offices are located on the 1st floor of the building.2 rooms office approx 12.4 x 9.4and front room appr 8 x 9plus client use of reception room16.6 x 7.2and use of 2nd floor conference room$700 per monthCall 732-572-0500Owner of building is local attorney, Kenneth Vercammen who handles Personal Injury,Elder Law, and Criminal Law.Available: June 15, 2010
6. Our legal blogs:In between client work, running races, my family events and public speaking activities,we also have several blogs to provide up to date information to the public. Our most popular blogs are:NJ Criminal Law- Recent Caseshttp://njcriminallaw.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Fnjcriminallaw.blogspot.com%2F&id=preview]All reported criminal case squibs from NJ Judiciary Editor Eli Mond, Esq.LAW ENFORCEMENT CASELAW http://lawenforcementcaselaw.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Flawenforcementcaselaw.blogspot.com%2F&id=preview]All reported criminal case squibs from NJ Judiciaryand any other cases or issues that affect police NJ Drug Lawhttp://drugarrest.blogspot.com [http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Fdrugarrest.blogspot.com%2F&id=preview]Reported criminal case squibs from NJ Judiciary if they deal with drug casesReported criminal case squibs from NJ Judiciary if they deal with drug casesNJ PERSONAL INJURY & CIVIL CASES http://njlawspersonalinjury.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Fnjlawspersonalinjury.blogspot.com%2F&id=preview]All reported civil case squibs from NJ JudiciaryCRIMINAL ARTICLES FROM NJLAWS WEBSITE AND BE NOT GUILTY http://criminalarticle.blogspot.com/[http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Fcriminalarticle.blogspot.com%2F&id=preview]NJ ELDER LAWhttp://elder-law.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Felder-law.blogspot.com%2F&id=preview]Anything to do with Elder law, probate, etc goes hereNJ Probate, Wills & Estate Administration Statutes and informationhttp://njprobate.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Fnjprobate.blogspot.com%2F&id=preview]Portions of the NJ Probate law NJSA 3B-1 et seqWills & Estate Administration - http://njprobateblogspot.com/ Articles from CentralJerseyElderLaw.comWill articles from Njlaws.com and CentralJerseyElderLaw.com hereNJ Criminal Statutes and Criminal Jury Chargeshttp://criminal-jury.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Fcriminal-jury.blogspot.com%2F&id=preview]Also any criminal related articles that are not case squibsBusiness Lawhttp://njbusinesslaw.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Fnjbusinesslaw.blogspot.com%2F&id=preview]articles from Business and General Law Links & Articles on Njlaws and anything elsedealing with businessTraffic Law & Municipal Court- Articles from BeNotGuilty.comhttp://traffic-law.blogspot.com/[http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Ftraffic-law.blogspot.com%2F&id=preview]Case squibs that deal with these topics.Motor Vehicle Articles and NJ Title 39 Motor Vehicle laws http://njmotorvehicle.blogspot.com/[http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Fnjmotorvehicle.blogspot.com%2F&id=preview]NJSA 39 traffic statutes and new lawsCivil Jury Charges and Court Rules in New Jerseyhttp://civiljury.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Fciviljury.blogspot.com%2F&id=preview]All NJ Civil Court Rules Rule 4:1-1 et seqPERSONAL INJURY ARTICLES FROM NJ PERSONAL INJURY LAW CENTERhttp://personalinjurynj.blogspot.com/These are articles from the NJlaws.com personal injury & more Civil, and some to be added all articles from NJ Personal Injury Law CenterNJ Laws Newsletters [only]http://njlaws1.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Fnjlaws1.blogspot.com%2F&id=preview]This is a weekly email newsletter. Quick referenceABA Newsletters and Community Eventshttp://njlawsnews.blogspot.com/POLICE & COURT DIRECTIONS NJ http://njpolice.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Fnjpolice.blogspot.com%2F&id=preview]directions to Nj police stations, court and neighborhoodsGay & Lesbian Legal Updatehttp://gaybilesbian.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Fgaybilesbian.blogspot.com%2F&id=preview]Articles helpful to our Gay & Lesbian clientsJUVENILE JUSTICEhttp://juvenile-justice-codes.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Fjuvenile-justice-codes.blogspot.com%2F&id=preview]Juvenilestatutes or casesBlogs we set up and will be updating:NJ Laws Spanish Editionhttp://njspanish.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Fnjspanish.blogspot.com%2F&id=preview]Translation of articles for our Spanish clients. This is handled by our volunteerinterns from Rutgers and other schoolNJ LAWS (CHINESE)http://chinesenj.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Fchinesenj.blogspot.com%2F&id=preview]Translation of NJ laws articles to Chinese using Google This is handled by our volunteer intern from Brown University.NJ LAWS (HINDI)http://njhindi.blogspot.com/ [http://r20.rs6.net/tn.jsp?t=deb7lwdab.0.0.be4bcacab.0&p=http%3A%2F%2Fnjhindi.blogspot.com%2F&id=preview]Translation of articles for our Hindi clients. This is handled by our volunteer intern from NJIT
Editorial Assistance provided by Daniel Ma, who attends Brown University. Mr. Mais participating in Kenneth Vercammen's Summer Internship Program.
Wednesday, June 09, 2010
NJ Laws Email Newsletter E339
Kenneth Vercammen, Attorney at Law
June 8, 2010
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In This Issue:
1. KOREAN SPEAKING NOT DEFENSE TO REFUSAL AND DEFENSE SHOULD FILE SUPPRESSION MOTION.
2. NEW SEAT BELT LAW
3. LUNCH AND LAW.. JUNE 23; 12:15PM
4.WELCOME SUMMER COLLEGE INTERNS
5. TESTOMONIALS NEEDED
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Office Phone Number:
(732) 572-0500
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Greetings,
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1. Korean Speaking Not Defense to Refusal and Defense Should File Suppression Motion.
State v. Kim412 NJ Super. 260 (App. Div. 2010)
Defendant's conviction for refusal to submit breath samples, N.J.S.A. 39:4-50.2
and N.J.S.A. 39:4-50.4a, is affirmed because the State is not required to prove
he understood the standard statement read to him in English, State v. Marquez, 408
N.J. Super. 273 (App. Div.), certif. granted, 200 N.J. 476 (2009), and on procedural
grounds because defendant failed to move to exclude evidence of his refusal or present
evidence that created a material issue as to his ability to understand English.
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2. New Seat Belt Law
Legislation was signed into law requiring all occupants to buckle up, regardless
of their seating position in a vehicle. A secondary offense, the new law allows
police to issue summonses to unbuckled back seat occupants, 18 years of age and
older, when the vehicle they are riding in is stopped for another violation. Adult
passengers who fail to buckle up when riding in the back could be subject to a $46
fine. (Under the state's current primary seat belt law, all motorists and passengers
in the front seat, as well as all passengers under 18, who are not properly restrained
in a seat belt or car seat also face a $46 fine. This ticket is issued to the driver.
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3. Lunch & Law.....
Free Seminar- 2010 update Wills and Estate Planning
WHEN: Wednesday June 23 12:15pm
WHERE: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, 2nd floor, Edison,
NJ 08817
COST: Free if you pre-register. Complimentary Sandwiches to pre-registered persons
prior to program. This program is limited to 15 people
Please bring a canned food donation, which will be given to the St. James Food Bank
located on Woodbridge Avenue in Edison, NJ.
SPEAKER: Kenneth Vercammen, Esq.
(Author- Answers to Questions About Probate)
The new NJ Probate Law made a number of substantial changes in Probate and the administration
of estates and trusts in New Jersey.
Main Topics:
1. The New Probate Law and preparation of Wills
2. 2010 increases in Federal Estate and Gift Tax exemption
3. NJ Inheritance tax
4. Power of Attorney
5. Living Will
6. Administering the Estate/ Probate/Surrogate
7. Question and Answer
COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate"
and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales
for Seniors, and Trusts.
Co-Sponsor: Middlesex County Estate Planning Council
To attend or for Information: Mike McDonald 732-572-0500
or email kenvnjlaws@verizon.net [mailto:kenvnjlaws@verizon.net]
Can't attend? We can email you materials
Send email to kenvnjlaws@verizon.net [mailto:kenvnjlaws@verizon.net]
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4. Welcome Summer College Interns:
Volunteer Internship Description:
Interview Clients facing charges in Municipal Court including Drug Possession, Drunk
Driving, Assault, Driving While Suspended and other criminal and traffic offenses
Make demands for Discovery on Prosecutor and review police reports
Attend hearings and learn from experienced trial attorneys
Prepare Motions to Suppress Evidence and Motions to Compel Discovery
Conduct appropriate Legal research
Acquire skills in Criminal Law and Procedure by active participation
Participate in Public Relations activities and help organize seminars
Update Lists of Prosecutors, Judges and Attorneys for publication of
NJ Municipal Court Law Review
Revise criminal and traffic law Articles and submit to Law Journals and criminal
law websites.
Learn how to add criminal statutes and criminal articles to legal blogs and websites.
Volunteer to help indigent people charged with criminal and motor vehicle offenses
of magnitude. We provide an excellent opportunity to gain valuable experience as
a volunteer intern and learn New Jersey Practice and Procedure. College students
learn details on running a successful law practice.
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Testimonials needed:
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us your comments. [use back of page if more space needed]
8. Would you recommend our firm to a friend, relative or business associate
who needed a lawyer? Please give us your comments.
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Yes _______ No ______
10. Please rate how you feel about the overall quality of the legal services you
received.
Excellent __; Good __;
Adequate __ Fair ___; Poor__
11. Were you satisfied with the outcome of your case/matter?
Yes, because ____________________
No, because ______________________
12. Do you feel that our fees were reasonable and fair based on the nature of
your case and the extent and amount of work involved?
13. Suggest ways in which any of our services might be improved. Is there anything
you feel we should have done for you that we did not do?
What did you dislike about your experience, or the way we do things?
14. Have you seen our website: www.njlaws.com [http://r20.rs6.net/tn.jsp?t=do66zvdab.0.0.be4bcacab.0&p=http%3A%2F%2Fwww.njlaws.com%2F&id=preview]?
If yes, any improvements / additions you would like to see?
15. Suggest additional services that you would like us to provide now or in the
future: