NJ Laws Email Newsletter E478

NJ LAWS EMAIL NEWSLETTER E478 Kenneth Vercammen, Attorney at Law 1. Danger if No Will or your Will is not properly done   2. Accident with unconscious driver was exigency for police to take blood. State v. Jones   3. October 12, 2015  North Edison Library Wills, Estate Planning & Probate Seminar   4. Boy Scouts of America's, Middlesex County Toast to Scouting Award. 5. Next Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen E478 1. Danger if No Will or your Will is not properly done          Compiled by Kenneth Vercammen As average Americans, we work 80,000 hours in a lifetime, or 45 to 55 years.  In spite of all the resources and assets we earn, the vast majority of us do not take the time to create a Will.     National statistics indicate that 80% of Americans foolishly die without leaving a Will.  There are several reasons for this: fear of death; procrastination; and misinformation (people presume that only the rich need to have Wills).  Whatever the excuse, it is clear that people would benefit from having a Will.       In the absence of a Will or other legal arrangement to distribute property at death, problems arise.  The result can be lengthy delays before the rightful heirs receive their property. IF YOU HAVE NO WILL:        If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate: * State law determines who gets assets, not you * Additional expenses will be incurred and extra work will be required to qualify an administrator * Judge determines who gets custody of your children * Possible additional State inheritance taxes and Federal estate taxes cannot be reduced *  If you have no spouse or close relatives the State may take your property * The procedure to distribute assets becomes more complicated-and the law makes no exceptions for persons in unusual need or for your own wishes. *  It usually cause fights and sometimes lawsuits within your family      When loved ones are grieving and dealing with death, they shouldn't be overwhelmed with Financial concerns.  Careful estate planning helps take care of that. Don't try to do Estate Planning with a cheap form found online.     THE FOLLOWING IS A SAMPLE OF A VARIETY OF CLAUSES AND ITEMS WHICH  YOUR ATTORNEY MAY INCLUDE IN A WILL: 1ST:  DEBTS AND TAXES 2ND: SPECIFIC BEQUESTS 3RD:  DISPOSITION TO SPOUSE 4TH: DISPOSITION OF REMAINDER OF ESTATE 5TH: CREATION OF TRUSTS FOR SPOUSE 6TH: CREATION OF TRUST FOR CHILDREN 7TH: OTHER BENEFICIARIES UNDER 21 8TH: EXECUTORS 9TH: TRUSTEES 10TH: GUARDIANS 11TH: SURETY OR BOND 12TH: POWERS 13TH: AFTERBORN CHILDREN 14TH: PRINCIPAL AND INCOME 15TH: NO ASSIGNMENT OF BEQUESTS 16TH: GENDER 17TH: CONSTRUCTION OF WILL 18TH:  NO CONTEST CLAUSE      A Will must not only be prepared within the legal requirements of the New Jersey Statutes but should also be prepared so it leaves no questions regarding your intentions. WHY PERIODIC REVIEW IS ESSENTIAL      Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will.  Some of these are: * Marriage, death, birth, divorce or separation affecting either you or  anyone named in your Will *Significant changes in the value of your total assets or in any particular assets, which you own * A change in your domicile * Death or incapacity of a beneficiary, or death, incapacity or change in residence of a named executor, trustee or guardian of infants, or of one of the witnesses to the execution of the Will *Annual changes in tax laws MAY I CHANGE MY WILL?     Yes.  A Will may be modified, added to, or entirely changed at any time before your death provided you are mentally and physically competent and desire to change your Will.  You should consider revising your Will whenever there are changes in the size of your estate. For example, when your children are young, you may think it best to have a trust for them so they do not come into absolute ownership of  property until they are mature.  Beware, if you draw lines through items, erase or write over, or add notations to the original Will, it can be destroyed as a legal document.  Either a new Will should be legally prepared or a Codicil signed to legally change portions of the Will. Save money with proper planning      Your estate will be subject to probate whether or not you have a Will and in most cases, a Will reduces the cost by eliminating the requirements of a bond.  With a well-drawn Will, you may also reduce death taxes and other expenses.  Don't pinch pennies now to the detriment of your beneficiaries.        The proper preparation of a Will should involve an analysis of the client's assets, family and his/her desires.        Estate Planning is the process of examining what will happen to your property when you die and arranging for its distribution in such a manner as will accomplish your objectives.        The cost of a Will depends on the size and the complexity of the estate and the plans of the person who makes the Will.  A properly drawn Simple Will without Trust costs approximately $200.00 to $600.00. It is one of the most important documents you will ever sign, and may be one of the best bargains you will ever have.        Be sure your Will takes into account the Federal Tax changes and New Jersey Inheritance Tax changes.  Also, ascertain if your Will is "self-proving", which would dispense with having to find the Will's witnesses after death. WHAT IS A WILL?       "A Will is a Legal written document which, after your death, directs how your individually owned property will be distributed, who will be in charge of your property until it is distributed and  who will take care of your  minor children if the other parent should die ".  You should remember that the term "property" under the law includes "real estate as well as other possessions and rights to receive money or items of value."  Everyone who has at least $3,000 in assets should have a Will.  You do not have to be wealthy, married, or near death to do some serious thinking about your Will. 2. Recent case Accident with unconscious driver was exigency for police to take blood. State v. Jones ___NJ Super. ___ (App. Div. 2015) A-0793-13T1      In Missouri v. McNeely, 133 S. Ct. 1552 (2013), the United States Supreme Court considered whether "the natural metabolization of alcohol in the bloodstream presents a per se exigency that justifies an exception to the Fourth Amendment's warrant requirement for nonconsensual blood testing in all drunk-driving cases." Id. 133 S. Ct. at 1556, (emphasis added). Concluding that fact alone did not present a "per se exigency," the Supreme Court held, "consistent with general Fourth Amendment principles, that exigency in this context must be determined case by case based on the totality of the circumstances." Ibid. This matter was summarily remanded to the court by the Supreme Court for reconsideration in light of the Court's decision in State v. Adkins, ___ N.J. ___ (2015), holding that the totality of the circumstances analysis described in McNeely should be given pipeline retroactivity.      In the earlier decision, the court reviewed the United States Supreme Court's analysis in McNeely and discussion of its holding inSchmerber v. California, 86 S. Ct. 1826, 1836 (1966). The court concluded "the application of McNeely to the facts of this case" did not warrant the suppression of the blood test results. Jones, supra, 437 N.J. Super. at 75-78.      This was not a routine DWI case in which the dissipation of blood alcohol was the sole basis for determining an exigency existed. To the contrary, defendant caused a multiple vehicle accident at a busy intersection and crashed into a building, raising concern the building would collapse. Numerous police, firefighters and emergency medical services personnel responded to the scene, where the investigation took hours. It took one-half hour to extricate defendant, who was unconscious, from her badly damaged vehicle. Both she and a passenger in another car had to be transported to the hospital.     Viewing the totality of the circumstances, the court is satisfied that an objective exigency existed and that the officer "might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened 'the destruction of evidence[.]'" Schmerber, supra, 86 S. Ct. at 1835. The court finds no reason to disturb our prior decision reversing the order that suppressed the results of the blood sample analysis. 3. Next free community seminars October 12, 2015  North Edison Library Wills, Estate Planning & Probate Seminar at 7pm     10/10 Metuchen Fair [not a race] Oct 19 Metuchen Library Wills, Estate Planning & Probate Seminar at 7pm 480 Middlesex Ave, Metuchen, NJ 08840 4. Mark your calendar Boy Scouts of America's, Middlesex County Toast to Scouting Award. Tuesday, December 1 at 6:30pm                                                                       Pines Manor 2085 State Route 27, Edison, New Jersey 08817               Honorees: Brendan J. Flynn, Sr., Manager, Flynn and Son Funeral Home Kenneth Vercammen, Esq., Attorney at Law, Edison, NJ Walter H. Deutsch II, Vice President, Unity Bank  Michael Blackwell, Executive Director, The First Tee Raritan Valley Hon. H. James Polos, Freeholder, Middlesex County Given on behalf of the Boy Scouts of America, Patriots' Path Council The event will be very deserving, recognizing the efforts and support, over the years, to so many. The dinner will be held on Tuesday, December 1, at the Pines Manor, Edison, NJ.     This awards dinner will raise funds to support the Scouting program in Middlesex County, with focus on STEM, Science, Technology, Engineering Math, and program support for Scouting.     This STEM initiative, offers over 80 STEM related merit badges, ranging from robotics, inventing, architecture, and many more. The BSA has partnered with institutions like MIT, Carnegie-Mellon and ExxonMobil, to provide our members with relevant skills and experiences in a constantly evolving global economy. The fund raised, will also assist with registration, insurance cost, programing needs, camp and individual scholarships, and a full-time Program Director for our AT-RISK Scouting program. https://www.facebook.com/events/439423476182637 5. Next Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen 10/11  East Brunswick 5k & 10k, 1pm RVRR new start EB Community Arts Center (721 Cranbury Rd. in East Brunswick), Road closed to traffic   www.ebrr.org, post race we'll be going to Laurie's Lakeside on Farrington Lake, North Brunswick 10/17 Cranford 5k  co-sponsor by Wakefern Shoprite 10/25  Trick or Trot 5k 11am now at Deal Casino 10/28  RVRR Halloween pub-crawl New Brunswick    If you are attending any of these charity races, please call or email Ken V. Kenv@njaws.com Often we car pool or meet at these events. I update this list at http://vercammensport.blogspot.com/  Editor's Note and Disclaimer: All materials Copyright 2015. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included. KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 website: www.njlaws.com

NJ Laws Newsletter E477

NJ LAWS EMAIL NEWSLETTER E477

Kenneth Vercammen, Attorney at Law

September 29, 2015

In this Issue:

1.  Welcome Craig's Deli II to 2045 Woodbridge Ave., Edison, NJ  Recent Cases: 2. Police could enter home for dropped 911 call. 3. Court should have adjourned case for defendant to hire own attorney.  4. Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen 5.  HELP WANTED- Clerk for Law Office- envelope stuffing,   misc. clerk duties Oct 1- Nov 30 6.  Next free community seminars E478 1.  Welcome Craig's Deli II to 2045 Woodbridge Ave., Edison, NJ  (732) 287-9299     A recent review says "Best sub place in Edison! Better then tastee sub shop and better then super duper deli! Owners are so nice always asking how you are doing. Great prices! And also very very good breakfast sandwiches too!!! You should definitely stop in and try it you won't be disappointed!!" Plus morning coffee https://www.facebook.com/Craigs-Deli-II-119759894772202/timeline/ Recent important cases: 2. Police could enter home for dropped 911 call.  State v. Reece ___NJ ___ (2015)(A-79/80-13)        The emergency-aid doctrine justified the officers' warrantless entry into defendant's home. Based thereon, defendant's conviction for resisting arrest is affirmed, and defendant's conviction for obstruction is reinstated.     A jury convicted defendant Brian Firman of third-degree possession of cocaine, third-degree possession of cocaine with intent to distribute and third-degree distribution of cocaine. Defendant appealed, asserting that a detective's testimony impermissibly crossed into expert testimony. Only if a police officer is properly qualified as an expert witness may he or she give opinion testimony explaining the implications of observed behaviors that may be beyond the understanding of a juror. In multiple portions of his direct examination, the detective expressed opinions that he was not allowed to make as a fact witness. The state did not dispute defendant's contention that the testimony exceeded its permissible scope. Nonetheless, the state asserts that any error was harmless due to the strength of the evidence against defendant. The appellate panel rejected that contention and reversed and remanded for a new trial, finding that the testimony impermissibly crossed into expert testimony and was capable of producing an unjust result. 3. Court should have adjourned case for defendant to hire own attorney.  State v. Martinez  440 NJ Super. 537 (App. Div. 2015)     The court examined the tension between a trial court's discretionary "authority to control its own calendar" by denying an adjournment request and the need to safeguard "a defendant's Sixth Amendment right to a fair opportunity to secure counsel of his own choice" in light of State v. Miller, 216 N.J. 40, 62, 65 (2013). Guided by the framework for review set forth in State v. Hayes, 205 N.J. 522 (2011), the court concluded the denial of defendant's request to adjourn trial, without weighing the facts presented supporting the requested adjournment, reflects an arbitrary exaltation of expedience in case processing at the expense of defendant's right to counsel. Accordingly, the court vacated the judgment of conviction and remands the matter for a new trial.  4. Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen        If you are attending any of these charity races, please call or email Ken V.  at   Kenv@njaws.com Often we car pool or meet at these events. I update this list at: http://vercammensport.blogspot.com/ 10/3      Metuchen Fair [not a race] 10/4    Jersey Shore Half Marathon & Lighthouse 5k   Sandy Hook 9:05 , then nice view from On the Deck Restaurant in Atlantic Highlands 10/11   East Brunswick 5k & 10k   1pm RVRR new start EB Community Arts Center 721 Cranbury Rd. in East Brunswick)well run event Road closed to traffic   www.ebrr.org  , post race we go to Laurie's Lakeside on Farrington Lake, North Brunswick 10/17     Cranford 5k  co-sponsor by Wakefern Shoprite 10/18     Shrewsbury 5k   9am 10/ 24    Univ of Delaware 5k   10/25     Trick or Trot 5k 11am now at Deal Casino 10/28     RVRR Halloween pub-crawl New Brunswick 5.  HELP WANTED- Clerk for Law Office- envelope stuffing,   misc. clerk duties Oct 1- Nov 30  Monday-Friday 2-3 hours per day  Monday- Friday     start 8:55am $8.50 per hour OTHER DUTIES -Adding client names to computer database, prepare letters, and work on client traffic ticket matters. - Preparation of documents on Computer and mail to courts -Telephone Answering -General Office duties in Law Office -Update mailing/ client lists and learn marketing -All other work needed including working on litigation cases  Must be dependable and committed to perfection.       A good way to learn law office procedures        Call Law Office of Kenneth Vercammen & Associates  732-572-0500          Check out our website at www.njlaws.com to see more information on our law office. 6.  Next free community seminars October 5, 2015 Power of Attorney & Living Will Seminar  North Brunswick Chapter #3885 of AARP at 1pm October 6, 2015 Colonia Seniors Wills, Estate Planning & Probate Seminar at 1:00pm       Colonia Firehouse 250 Inman Ave., Colonia, NJ 07067 October 12, 2015  North Edison Library Wills, Estate Planning & Probate Seminar at 7pm     New App Connects Public, Attorneys to Municipal Courts               The New Jersey Judiciary has developed a mobile app that connects the public and attorneys to resources in the state's municipal courts, Chief Justice Stuart Rabner announced today.               The NJMC (New Jersey Municipal Courts) app, available for Apple, Android and Windows mobile devices, presents information about the municipal courts available on the Judiciary's website, njcourts. com, in an easy-to-use mobile format.               Using convenient one-touch links, users can pay traffic tickets and access the location, court hours, court leadership and contact information and directions to the state's 506 municipal courts and resources, including municipal division offices and information on how the municipal courts operate.               "The development of the NJMC app is another example of how the Judiciary is working to connect the public to useful information on our website in a convenient way," said Chief Justice Rabner. "People come into contact with the municipal court more than any other part of the court system, so we hope that this information will be extremely valuable."               The app is divided into three sections. The first allows users to pay traffic tickets online through NJMCdirect, the second is a searchable, alphabetical listing of the state's municipal courts, and the third includes links to the publication "Your Day in Municipal Court," which answers the most-asked questions about how a typical municipal court case proceeds.               The NJMC app is the third app the Judiciary has developed. The NJAttorney app, released last year, has information attorneys use most frequently, including Notices to the Bar, directions and contact information for courthouses and the court rules and rules of evidence.               The NJJuror app, released in 2013, offers jurors convenient access to information about their jury service, including directions, parking information, call-off messages and announcements, and contact information for local jury managers. A list of frequently asked questions and a link to the "You, the Juror" introductory video that all jurors watch at the beginning of their jury service also are available. All three apps are available for Apple, Android and Windows mobile devices.

Editor's Note and Disclaimer:

All materials Copyright 2015. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

website: www.njlaws.com

NJ Laws Email Newsletter 476

In this Issue:
1. Recent Cases:  Single tablet dismissed as de minimis. State v. Cancio
2. Police should not have ordered driver out of car on traffic stop. State v. Keaton
3. Reasons to Join the Edison Elks or an Elks in your community
4. September Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen
5. Handling Drug, DWI and Serious Motor Vehicle Cases in Municipal Court Seminar and Criminal Law Forms ABA book

1. Single tablet dismissed as de minimis. State v. Cancio, (App. Div. Decided March 16, 2015) 14-3-6154, Unpublished.

      Defendant Alvin Cancio filed a motion to dismiss River Edge summons No. W-2014-000101, in which he was charged with possession of a controlled dangerous substance as de minimis, pursuant to N.J.S.A. 2C:2-11. Defendant was charged with this offense, as well as driving while intoxicated, careless driving and failure to maintain lane after being stopped by police and arrested. The application for de minimis dismissal was opposed by the Office of the Bergen County Prosecutor. The small quantity of Alprazolam found was of little value and no violence or weapons were involved. The pill remained in defendant's wallet. The court found the prosecutor would be hard-pressed to show prosecuting defendant for possession of a single tablet of Alprazolam under a belief the pill was a sexual enhancer would attack either the supply side or demand side of the drug problem. Further, the court found it unclear what societal harm was caused by defendant's possession of a single tablet under the belief it was a sexual enhancer. Defendant's conduct was "trivial," at least as it pertains to creating a permanent record for a young offender attempting to work and pay off hundreds of thousands of dollars of medical bills that arose from a car accident that left him severely injured. Incarceration or a permanent record for inadvertently possessing a single tablet of a CDS would not help defendant, the hospital or society. Defendant's motion to dismiss complaint-summons number 0252-S-2014-000101 as de minimis was granted.
Source: N.J.L.J Daily Briefing Unapproved Opinions: March 12-18, 2015

2. Police should not have ordered driver out of car on traffic stop. State v. Keaton ___NJ ___ (2015) (A-92-13)
        The law enforcement officer was required to provide defendant with the opportunity to present his credentials before entering the vehicle. If after giving a defendant that opportunity, he or she is unable or unwilling to produce the registration or insurance information, only then may an officer conduct a search for those credentials. Here, because defendant was never provided with such an opportunity, the seizure of the contraband was unlawful under the plain view doctrine. Further, the community-caretaking doctrine was inapplicable because there was no need for an immediate warrantless search to preserve life or property.

3. Reasons to Join the Edison Elks or an Elks in your community

         The Elks have been synonymous with charity and community for over 100 years.  They have distributed more than 3 billion dollars in cash, goods, and services to our country's youth, veterans and disadvantaged.  In Edison and other towns, they sponsor Hoop Shoot, Soccer Shoot, college scholarship and drug education and prevention programs.

         I have enjoyed my Community Elks membership in the Edison Elks for 20 years.

ELKS - MY TOP 15 FUN EVENTS
Kenneth Vercammen

1.      Wildwood Convention
2.      Lobster Night
3.      St. Patty's Dinner
4.      Good Friday Dinner
5.      Officers Installation & Dinner
6.      Easter Egg Hunt for Children
7.      Friendship at hundreds of clubs on the USA
8.      Swim Club opening for Elks/YMCA Edison Pool
9.      Family Pool Day
10.     Beef & Brew
11.     Family Pool Night
12.     Nascar Night
13.     Soccer Shoot out for Children
14.     Halloween Party for Children
15.     Ladies Auxiliary Christmas Party
16.     Christmas Party for Children

  We Elks are a nationwide fraternal organization of well over a million American citizens.  We love our country and desire to preserve its cherished institutions, traditions and values.  We respect our neighbors and constantly seek to promote their well being.  We love and enjoy life and believe this enjoyment is increased by sharing it with family, friends and all with whom we come in contact.

         We expend over two million dollars yearly to bring encouragement, cheer and comfort to hospitalized veterans throughout the United States in fulfillment of our solemn pledge: "So long as there are veterans in our hospitals, the Benevolent and Protective Order of Elks will never forget them."

         Through our local Lodge, district, state and national programs, we provide healthful activities, guidance and assistance to over eight million boys and girls every year.  We fund scholarships, athletic teams, summer camps, scouting, and drug education programs,  We encourage civic, environmental, and patriotic involvement through essay contests, seminars and distribution of materials; as well as family-oriented activities in our Lodges.

         Elks operate numerous camps, hospitals, clinics, training centers and in-home services for the care and treatment of children and adults with  physical disabilities including vision and speech problems, all across the county.

          In our many benevolence Elks and Lodges throughout the United States spend over forty-five million dollars annually in our various works of community betterment and charitable programs.  This does not take into consideration donated hours equivalent to over thirty-five million dollars.

          In approximately 2,300 Elks Lodges throughout the United States, persons prominent in public, business and professional life can be found.  In these Lodges, located in the principal cities and towns throughout America, the hand-clasp of fraternity and a warm welcome as a visiting Brother await you.

4. September Fun Upcoming Running Races Charity events Selected by Kenneth Vercammen
         If you are attending any of these charity races, please call or email
Ken V.  at  Kenv@njaws.com Often we car pool or meet at these events. I update this list at http://vercammensport.blogspot.com/

9/12 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30  Co-Sponsor Wakefern Shoprite
9/16   Wills, Estate Planning & Probate Seminar    10AM (Not A Race)
 Sayreville Senior Center 
 423 Main Street
 Sayreville NJ 08872
Call Sayreville Senior Center to Register at 732-390-7059

9/19      Ocean Grove Run for Arts 5k 9am Co-Sponsor Wakefern Shoprite
9/20      Asbury Park One More Tri 7:30
9/20      JSRC Picnic at Monmouth Park Racetrack
9/27      Race Against Hunger 5k Roosevelt Park
10/3      Metuchen Fair [not a race] followed by Asbury Park Zombie walk
10/4    Jersey Shore Half Marathon & Lighthouse 5k   Sandy Hook 9:05, then nice view from On the Deck Restaurant in Atlantic Highlands
10/11    East Brunswick 5k & 10k   1pm RVRR well run event Road closed to traffic  www.ebrr.org , post race we go to Laurie's Lakeside on Farrington Lake, North Brunswick
10/17      Cranford 5k  co-sponsor by Wakefern Shoprite

5. Handling Drug, DWI and Serious Motor Vehicle Cases in Municipal Court Seminar and Criminal Law Forms ABA book
September 21, 2015
5:30PM-9:00PM
NJ Law Center, New Brunswick, NJ
     Please forward to any attorneys, prosecutors or judges you believe may be interested.
    
Speakers: Kenneth A.  Vercammen, Esq., Past Municipal Court Attorney of the Year
William G. Brigiani, Esq., Past President Middlesex County Bar
John Menzel, Esq., Past Chair Municipal Court Section
Norma M. Murgado, Esq., Chief Prosecutor- Elizabeth Assistant Prosecutor-Woodbridge
William Brigiani
Tara Auciello   Edison Prosecutor
                
Program Agenda
5:30  Welcome and Criminal Traffic Case Law Update (Kenneth A. Vercammen, Esq.)
6:00      Procedure: What to expect on your day in court  Tara Auciello
             Procedural issues; Driving while suspended; probationary drivers
6:25   The Prosecutor's Perspective: no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues Expert arguments that may work, common errors by defense attorneys and prosecutors, how to impress the court staff and not annoy the prosecutor  (Norma M. Murgado, Esq.)
7:25    domestic violence , assault, recent court rules changes, defending drug cases and cases             (William G. Brigiani, Esq.)
7:55  Issues in DWI cases- DWI interview (10 min.); What defendant counsel does after the interview (10 min), Field Sobriety ad HGN (5 min.), Alcotest (15 min) (John Menzel, Esq.)
8:35     Point Counter Point on DWI
                 (John Menzel, Esq., Norma M. Murgado, Esq., and William D. Feingold, Esq. followed by panel interaction)

9:00        Questions

http://www.njicle.com/viewprogram.aspx?catid=2115&progid=11383
  Speakers invite questions during the break and after the conclusion of the program

A special Q&A session: Ask the Experts
NJ Institute for Continuing Legal Education presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers' Division
$170- $190 tuition depending on  NJSBA membership
Seminar # S150700F5
Location: New Jersey Law Center
One Constitution Square
New Brunswick, NJ 08901
NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION
NJICLE, A Division of the NJSBA NJ State Bar Association  732-214-8500
CustomerService@njicle.com
CAN'T ATTEND?   Contact NJ ICLE for CD, book, Video

Thank you for reading our newsletter!  God Bless America USA #1

Editor's Note and Disclaimer:
All materials Copyright 2015. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

NJ LAWS EMAIL NEWSLETTER E475

NJ LAWS EMAIL NEWSLETTER E475
Kenneth Vercammen, Attorney at Law

1. Have a Power of Attorney prepared for your college children and children traveling out of state
2. Recent cases: OPRA can require town and police to provide video of security camera. Gilleran v. Twp. of Bloomfield.
3. Bias statute requires proof of defendant intended bias, not victim perception and statute unconstitutional. State v. Pomianek.
4. Next community events we participate in

1. Have a Power of Attorney prepared for your college children and children traveling out of state
     
      There are many good reasons to consider getting a Power of Attorney and Medical Directive for your adult "child". A prominent Monmouth County Law office wrote while you made certain decision for your child before he or she turned 18, you have no authority to take action now. In the event your child becomes ill or has a serious accident while they are away, you do not have legal right to withhold Power of Attorney, it is important to have a plan in place to deal with their health, financial, educational and legal needs.
      Durable Power of Attorney to handle finances will enable you to take care of tasks for your child. This includes: registering their car; communicating with their college about issues which fall under HIPAA, like grades and disciplinary actions; completing financial transactions at their bank, their college, etc. If your child runs in to an issue with their passport while they are overseas, you can be assured that you have the authority to help.
    Living Will or Health Care Directive is important in the event of an accident or illness. You will be able to talk to medical staff and make decisions on your child's behalf, if necessary.
      While you may never need to use these documents, it is better to be safe than sorry!

2. Recent cases: OPRA can require town and police to provide video of security camera. Gilleran v. Twp. of Bloomfield, ___ N.J. Super. ___ (App.Div. 2015) (A-5640-13T4).

    The Open Public Records Act (OPRA) does not include a blanket exemption for video recordings made from an outdoor security camera. To justify denying an OPRA request pursuant to the definitional exclusions contained in N.J.S.A. 47:1A-1.1 for "security information," "procedures," "measures," and "techniques," the government agency must make a specific showing of why disclosure would jeopardize the security of the facility or put the safety of persons or property at risk.
     Because we agree with the trial court that the township did not make a sufficiently specific showing for an exemption, we need not decide whether N.J.S.A. 47:1A-5(g) requires a government agency to review requested recordings and redact only actual confidential information, as argued by plaintiff and the ACLU. Such a requirement of review and redaction seems  impractical and virtually impossible to implement when the request is for lengthy surveillance recordings, such as the fourteen hours of recordings requested here by plaintiff.

3. Bias statute requires proof of defendant intended bias, not victim perception and statute unconstitutional. State v. Pomianek, 221 N.J. 66 (N.J. 2015).

      Subsection (a)(3) of the bias-intimidation statute, N.J.S.A. 2C:16-1, fails to give adequate notice of conduct that it proscribes, is unconstitutionally vague, and violates the Due Process Clause of the Fourteenth Amendment.

4. Next Community events we participate in

9/5 Scranton Minicozzi 5k 10am
9/7 Monday Pier House 5K, Long Branch 8:30 - benefiting Valerie Center of Monmouth Medical
9/19 Ocean Grove Run for Arts 5k 9am Co-Sponsor Wakefern Shoprite
   
     Best wishes to Brendan Vercammen as he starts at Midwestern UniversityCollege of Dental Medicine. The dental school is located north of Chicago in Downers Grove, Illinois. Brendan completed U of Miami in four years, completed his Masters degree at Kean University in one year. Shannon Vercammen is starting her senior year at U of Delaware and is on the Dean's list. We are very proud of both.

Editor's Note and Disclaimer:
All materials Copyright 2015. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

NJ LAWS EMAIL NEWSLETTER E474

Kenneth Vercammen, Attorney at Law

August 3, 2015
Greetings!

In this Issue:
1. Mere filming of ex spouse is not violation for FRO. State v. D.G.M.
2 Jail Alternative allowed in 3-40(e) and 6B:2. State v. Toussaint. 
3. 3rd offender DWI defendant not entitled to jail credit for house arrest State v Haas.
4. Next Community events we participate in

E474
Recent cases 

1. Mere filming of ex spouse is not violation for FRO. State v. D.G.M., 439 N.J. Super. 630 (App.Div. 2015).
    In this appeal of a contempt conviction, the court considered whether defendant violated the "no contact or communication" provision of an amended domestic violence final restraining order by sitting near and briefly filming the victim at their child's soccer game. Although the court held that such conduct falls within the restraining order's prohibition on "communication," the court concluded that defendant could not have fairly anticipated this interpretation; therefore, in applying the doctrine of lenity, the court reversed defendant's conviction.

2 Jail Alternative allowed in 3-40(e) and 6B:2. State v. Toussaint,___ N.J. Super. ___ (App.Div. 2015) (A-3654-13T1).
     When a defendant is convicted under N.J.S.A. 39:3-40(e) (being involved in an accident that causes injury to another, while driving with a suspended license), or N.J.S.A. 39:6B-2 (driving without insurance), the court has discretion to permit the defendant to serve the sentence in an electronic monitoring program instead of in the county jail. In construing those provisions, we distinguished State v. French, 437 N.J. Super. 333, 335 (App. Div. 2014), certif. denied, 200 N.J. 575 (2015), which held that N.J.S.A. 2C:40-26(c) did not permit sentencing alternatives for driving during a second or subsequent license suspension imposed for DWI.

3. 3rd offender DWI defendant not entitled to jail credit for house arrest State v Haas., (App. Div. Decided March 13, 2015) A-3599-13T4, Unpublished.
     Under N.J.S.A. 39:4-50(a)(3) a defendant found guilty of Driving While Intoxicated (DWI) for a third or successive time must be sentenced to imprisonment for a term of "not less than 180 days," and that time must be served "in a county jail or workhouse." Defendant in this third-time DWI case argued that he was entitled to jail credits for the 149-day period he spent under what was characterized as the functional equivalent of a "house arrest." The court concluded that such credits are not authorized under the law as the time that defendant spent in his consensual, so-called house arrest was not time served "in custody in jail or in a state hospital." The mandatory jail consequence prescribed by the Legislature must be carried out in full.

4. Next Community events we participate in
8/8 Asbury Park 5K, Asbury Park, N.J. 8:30am Wakefern co-sponsor - benefiting Boys & Girls Clubs of Mon. Cty.
 
8/15 Bradley Beach 5k co-Sponsor Wakefern 8:30  
 
8/16 Ray Licata Long Branch Ocean Mile Swim 1 mile 8am
 
8/22 Belmar Chase 5k 8:30am
 
8/22 Beach Boys Ocean Grove 8pm tickets still available

Editor's Note and Disclaimer:
All materials Copyright 2015. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

Reckless driving defenses

NJ LAWS EMAIL NEWSLETTER E473

NJ LAWS EMAIL NEWSLETTER E473
Kenneth Vercammen, Attorney at Law

July 14, 2015
Greetings!

In this Issue:
1. Reminder: Clients, Friends, Professionals, Attorneys, Law Enforcement, 5k runners invited to Summer Blast Happy Hour & Networking Social
2. Police did not have reason to order passenger out of car.
3. A request for a civil reservation in municipal court must be made in open court.
4. Next Community events we participate in

E473
1. Reminder: Clients, Friends, Professionals, Attorneys, Law Enforcement, 5k runners invited to Summer Blast Happy Hour & Networking Social
Friday, July 17, 2015
at Bar Anticipation 703 16th Avenue Lake Como/ Belmar, NJ 07719
      Happy Hour at Bar A, we will be at the Big Boardwalk Bar outside.
Look for banners and USA flag.
   Free !
5:30-7:55PM Hot & Cold Buffet
   The reduced price Happy Hour is 6-7PM with $1.50 House Drink, Bud/BudLt draft & House Wine Special. Join 170 plus friends and businesses persons.
       This event will also be the Kenneth Vercammen Law Office
30th Anniversary Party
"Celebrating 30 years of providing excellent service to clients
and the community" 1985-2015
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com
      Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.

Recent cases
2. Police did not have reason to order passenger out of car. State v Bacome __ NJ Super. __ (App. Div. 2015) (A-3734-12T1).
     Based on speculation that defendant and a passenger in his vehicle were involved in illegal drug activity, police officers attempted to follow but lost sight of the vehicle in or near Newark and waited in Woodbridge for its return. Once the vehicle returned, the officers stopped it, ostensibly because the passenger was not wearing his seatbelt. On approaching, an officer, who did not testify, observed defendant reach under his seat. Both driver and passenger were then ordered out of the vehicle; after the passenger exited, an officer was able to observe in plain view materials that suggested drug usage. Based on that observation, a warrantless search of the vehicle ensued, and illegal drugs were found.
     Because defendant's mere entry into and departure from Newark did not permit a reasonable suspicion of illegal drug activity and because the State had failed to present facts "that would create in a police officer a heightened awareness of danger" if the passenger were allowed to remain in the vehicle, State v. Smith, 134 N.J. 599, 618 (1994), the court found no sufficient ground for the ordering of the passenger out of the vehicle and reversed the denial of the suppression motion.

3. A request for a civil reservation in municipal court must be made in open court. Maida v. Kuskin, 221 N.J. 112 (N.J. 2015).
     A request for a civil reservation in municipal court must be made in open court and contemporaneously with the court's acceptance of defendant's guilty plea. If the prosecutor or the victim demonstrates good cause, or the charge to which a defendant pleads guilty does not arise out of the same occurrence that is the subject of the civil proceeding, a civil reservation order may not be entered. 

4. Next Community eve
7/22     RVRR Summer Pub and New Brunswick Restaurant Week
7/26     5K Run / Walk VFW Post #133 East Brunswick, NJ 9AM
7/26     RVRR day at beach Belmar
8/1       Sea Girt 5k 8:30 am Wakefern Shoprite co-sponsor
8/8     Asbury Park 5K, Asbury Park, N.J. 8:30am Wakefern Shoprite co-sponsor - benefiting Boys & Girls Clubs of Mon. Cty.
8/15      Bradley Beach 5k co-Sponsor Wakefern Shoprite  8:30 
8/16      Ray Licata Long Branch Ocean Mile Swim 1 mile 8am
8/22      Belmar Chase 5k

     Editorial assistance provided by Jordan Davis.  Ms. Davis is currently participating in Kenneth Vercammen's Summer Internship Program and will be enter her Senior year at Rutgers' University.