2053 Woodbridge Avenue - Edison, NJ 08817

Sunday, March 17, 2019

E553 Recent cases 1. Supreme Court rules Breath test results produced by Alcotest machines are inadmissible if not calibrated 2. Estate Planning pending Divorce or Break Up. 3. Next community events 4. Fun October Upcoming Running Races

E553
Recent cases
1. Supreme Court rules Breath test results produced by Alcotest machines are inadmissible if not calibrated
2.  Estate Planning pending Divorce or Break Up.
3.  Next community events
4.  Fun October Upcoming Running Races

Recent cases
1. Supreme Court rules Breath test results produced by Alcotest machines are inadmissible if not calibrated using a NIST-traceable thermometer. 
State v. Cassidy (A-58-16; 078390)

    The Special Master's findings are supported by substantial credible evidence in the record, and the Court adopts them. Breath test results produced by Alcotest machines not calibrated using a NIST-traceable thermometer are inadmissible. This opinion calls into question any test result involving a machine the sergeant who handled, including devices used by local police in Middlesex, Monmouth, Ocean, Somerset, and Union counties between 2008 and 2016. 

      If someone plead guilty to a DWI in Central NJ prior to 2016 where State Trooper Marc Dennis tested the machine, the driver may be able to file a petition for Post Conviction Relief. 20,667 drivers had DWI test using Alcotest machines improperly calibrated by Tpr. Dennis.

HELD: The Special Master's findings are supported by substantial credible evidence in the record, and the Court adopts them. Breath test results produced by Alcotest machines not calibrated using a NIST-traceable thermometer are inadmissible.
1. This case is justiciable despite defendant's passing. The Court will entertain a case that has become moot when the issue is of significant public importance and is likely to recur. The reliability and admissibility of thousands of breath samples, often used as the sole evidence to support a conviction, is of significant public importance.
2. Scientific test results are admissible in a criminal trial only when the technique is shown to be generally accepted as reliable within the relevant scientific community. Chun, 194 N.J. at 91. Although the Court recently adopted the factors identified in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 593-95 (1993), and a methodology-based approach for determining scientific reliability in certain areas of civil law, the Court has not altered its adherence to the general acceptance test for reliability in criminal matters. The proponent of the technique has the burden to clearly establish general acceptance and may do so using
(1) expert testimony, (2) scientific and legal writings, and (3) judicial opinions. The party proffering the evidence need not show infallibility of the technique nor unanimity of its acceptance in the scientific community.
3. Of the State's witnesses, the Special Master found only the testimony of Dr. Brettell worthy of substantial weight; he found defendant's expert credible. The Court defers to and adopts the Special Master's detailed credibility findings.
4. Based on the credible testimony, the Special Master determined that accurate temperature readings of the simulator solutions are "the foundation upon which the entire calibration process is built." The Special Master found NIST traceability "essential" to confidence in the Alcotest's results and that the two Draeger-manufactured probes were not NIST-traceable and were insufficient substitutes for the use of a NIST-traceable thermometer. The Special Master also found it particularly significant that the NIST-traceable thermometer was the only temperature measuring device used in the calibration process that was independent from the Alcotest and not manufactured and calibrated by Draeger. The Special Master found it "extremely important and persuasive" that current protocol treats the failure to achieve an in- range temperature reading using the NIST-traceable thermometer as an event of sufficient magnitude to abort a calibration. The Special Master reasoned that such facts clearly cut against the State's argument that the use of the thermometer is an unnecessary redundancy. Further, the Special Master rejected the State's theory that ten simultaneous failures would need to occur for the certainty of Alcotest results to be compromised, finding instead that the evidence showed that three relatively minor errors could cause undetected miscalibrations. The Special Master determined that the State had not shown that other states' practices revealed general acceptance of the reliability of Alcotest results without the use of a NIST- traceable thermometer. Because the Special Master's findings are supported by substantial credible evidence in the record, the Court adopts them.
5. Applying the general acceptance standard to the Special Master's findings, the Court holds that the State failed to carry its burden and affirms the Special Master's conclusion. Temperature measurements that are NIST-traceable are generally accepted as reliable by the scientific community. Part of that reliability lies in the fact that the level of uncertainty of each temperature measurement is known. The two Draeger-manufactured probes fail to meet the NIST's standards and the measure of uncertainty in their temperature readings is unknown. The Court does not accept the State's contention that the risk of miscalibration is infinitesimal due to the numerous other fail-safes in the calibration procedure. As Dr. Brettell testified, it was that very fear of a laboratory bias that led him to include the NIST- traceable thermometer in the calibration procedure.
6. The Court orders the State to notify all affected defendants of its decision that breath test results produced by Alcotest machines not calibrated using a NIST-traceable thermometer are inadmissible and commends to the State that it require the manual recording of the NIST- traceable readings going forward. Further, the Court lifts the stay on all pending cases so that deliberations may commence on whether and how those cases should proceed. For those cases already decided, affected defendants may now seek appropriate relief. Because the State waited approximately a year to notify the affected defendants, the Court relaxes the five-year time bar, R. 7:10-2(b)(2), in the interests of justice. The Court asks the Director of the Administrative Office of the Courts to monitor these cases and recommend how best to administer them in the event any special measures are needed. Finally, as to defendant Cassidy, the Court exercises its original jurisdiction and vacates her conviction.

2.   Estate Planning pending Divorce or Break Up.
         By Kenneth A. Vercammen, Esq. Author ABA's "Wills & Estate Administration" book
         If separated and suddenly die, your spouse will still receive either all of a minimum of 50% of your probate assets if no valid Will. Don't rely on a cheap online document. Have your Will done by a estate planning attorney. Don't try to do your own electrical work. Don't try to do your own legal work.
         In planning, make sure your assets go to your loved ones or favorite charity, not an "ex". Therefore, we advise our separated or divorced clients to do the following:
1) Have an Estate Planning Law attorney prepare a Will to distribute your assets to the people you care about the most. If you already have a Will, prepare a new Will and have the old Will revoked. (Your estate planning attorney will explain this to you.) Usually a new executor is selected, who will also serve as funeral agent. Do not wait until after the Holidays to get this done.
          Although in many states under law a divorce removes the ex spouse as a beneficiary, it does not remove the ex as executor or receiving assets under a bank POD or joint account. Don't ever use with a cheap online form that often is not filled out correctly. Self prepared documents are often not witnessed right and are not admitted to probate. Have an experienced attorney prepare the estate planning documents who will do it right. I could change my car oil and repair the lawnmower, but I now prefer an experienced mechanic do that. You can also create specific bequests so nice jewelry or family heirlooms go to a selected child. Otherwise the executor can just sell them at the pawn shop. You can also direct in your Will a child be excluded from inheriting. Example- they testified against you in divorce court.
2) Prepare a Power of Attorney to select someone to handle your finances if you become disabled. Have your old Power of Attorney revoked. This means your attorney or you should send notices to banks and your accounts to indicate the prior Power of Attorney is invalid. If you have children over age 18, have your attorney prepare a Power of Attorney for the over 18 children so the custodial parent can still have access to their records and pay their bills if they are in an accident.
3) Select a new beneficiary on assets you may own, such as stocks, transfer upon death brokerage accounts, bank accounts, IRA, retirement accounts, 401k, payable upon death accounts POD , and other financial assets. Make sure you see the actual change in beneficiary in writing. Don't rely on a phone call from the company that accounts are revised. Even if a court approved divorce decree states that a beneficiary should be changed, make sure you have changed the beneficiary designations. Remember, even a new Will does not change account beneficiaries on non-probate assets.
         Change passwords on all online accounts and notify them in writing that the former spouse is not permitted excess to records.
4) Change your beneficiary under your own life insurance, whether whole life insurance or term insurance. Again, don't just rely on language in a divorce decree to make sure your wishes are followed. If the ex-spouse is required to obtain life insurance to pay to you or your children, you want to see proof of the insurance in writing with beneficiary designation.
5) Contact your employer's human resources and change the beneficiary on pension, stock options, life insurance, and other employee benefits. Note that if you are not yet divorced, your spouse may have to sign a written waiver permitting you to change beneficiaries.
6) Keep your personal papers at a location where an ex-spouse or the child's parent can't steal or destroy them.
7) If you have minor children, nominate someone under a Will to serve as guardian to the children. Although the surviving parent obviously has first right of custody of children, they may not even want custody. You don't want your ex in-laws to have custody of your children or access to the children's money. A new Will specifically shows a Surrogate and Probate Judge you're your wishes are. If no Will, then a judge can only guess.
         Also set up a Trust in the Will so children and grandchildren receive funds when they are 21, 25 and 30. Preserve money for college and necessary expenses, not a windfall to buy an expensive car when they turn 18. Also don't make the minor children beneficiary of big life insurance policies, because they automatically receive when they turn 18. Instead, you can make your estate the beneficiary of life insurance and other accounts. How many 18 year old kids would spend money wisely? Seek assistance of estate planning attorney, don't try to do everything yourself.
         A trust also protects the beneficiary if there is a lawsuit and judgment against them.
8) Make sure the trustee for any funds designated for your children is the "right" trustee. The former in laws may no longer be the best choice.
9) Re-title real estate, cars and other assets in joint names. Usually a new Deed will have to be prepared. If there is a mortgage, either a refinance or consent of mortgage company to remove your name from the mortgage. [Good luck with that.]
10) In New Jersey, if you are still married and living with a spouse, under certain instances the surviving spouse has a right to "elect against the Will".     The disinherited spouse may try to elect against the Will and try to obtain one third of the estate. Your attorney can explain how you can protect yourself and your children.  
11) Have a new Living Will / Advance Directive for health care/ medical proxy prepared to remove the ex and select a family member you trust with last medical wishes. The Living Will should contain new HIPPA language to advise doctors and hospital who should have access to medical information. You don't want an estranged person to be able to make Medical decisions or "Pull the plug". A divorce decree does not remove the ex-spouse on Medical Power of Attorney/ Living Will. They should have a new Living Will prepared.
Separated persons
          Some clients are not aware they can have a new Will and other estate planning documents prepared prior to a formal divorce decree. To the contrary, our office drafts Will for individuals in marital difficulty who want to protect their assets and children in the event of an unexpected, sudden death. A personal can have a new Will and estate planning documents without telling their spouse.
          If spouses are living together, the surviving spouse in many states can Elect against the Will and obtain 1/3 of the augmented estate. See Uniform Probate Code 2-201. A married person can also confidentially revoke a Power of Attorney, Living Will, Trust etc. However, the original attorney cannot prepare new documents if the attorney also prepared documents for the other spouse. The original attorney in some states may be required to notify the other spouse. Therefore, a new, independent attorney is suggested whose only loyalty is to you.
          It is important to prepare new documents if separation has started or is inevitable since someone does not want their some of be ex to make financial and medical decisions. However, typically a spouse cannot be removed as a beneficiary under pensions, etc without that spouse's written consent.
          You can select a funeral agent so your estranged spouse does not handle funeral arrangements.
          Also speak with your divorce attorney to inquire if you can take out 50% of assets in a joint account and deposit in a new account payable death to adult children, not the estranged spouse.
          If you own a small business, prepare a contingency plan if you become disabled for someone to run your business.
          Second marriage
         If you decide to get remarried, have your attorney prepare a prenuptial agreement, so your children can inherit your assets. You want your children, not new spouse, to receive your assets if you pass away. In many states, persons put their assets into Trusts for the benefit of a child. However, if the trust is revocable, Medicaid will include the trust assets as available money. In blended families, irrevocable trusts are useful because a Will can be revocable by a competent person without telling their spouse.

If You Have No Will after someone divorces:
                                   
If you leave no Will or your Will is declared invalid because it was improperly prepared or is not admissible to probate:

         When loved ones are grieving and dealing with death, they shouldn't be overwhelmed with Financial concerns and estate problems if there is no Will or not prepared or signed properly.

         Who don't you want to receive your assets?
         Who is not the best choice to raise your children, or safeguard your children's money for college?   Do you want children, or grandchildren, to get money when they turn 18? Will they invest money wisely, or go to Seaside and play games?
        
ESTATE PLANNING TO PROTECT CHILDREN
        There may come a time when an unmarried parent is unable, due to physical or mental incapacity, to take care of their minor children. If a parent dies, the minor children will need a guardian. In these circumstances, those caring for the children, as well as the courts will need direction. By writing and executing a Will, which includes instructions on guardianship one may select someone, either individually or jointly, with the legal authority to act for minor children and assume control over the assets of the children. Estate planning, which includes the execution of a Will, is just as important for persons with minor children as they are for senior citizens.
   Guardians
     Most individuals appoint the parent to act as Guardian of the person and property of their minor children. It is suggested that your Will include a clause which provides that in the event the other parent predeceases you, or is unsuitable or ceases to act as Guardian of the person and property of your minor children, you appoint a trusted family member or close friend to act as successor Guardian of the person and property of your minor children.
          Sometimes the divorce is amicable and the person may still wish to have their ex -spouse be executor of their Will or Trustee of a trust for children. New estate planning documents should still be signed after the divorce to confirm they want to ex to remain involved in a potential estate.
       Trustee for funds
     Select a trusted person, your close relative or friends, who will invest and hold your children's money. If divorced or unmarried, most people do not select the other parent. In your Will and Trust you can instruct the Trustee to apply amounts of income and principal as they, in their sole discretion, deem proper for the health, maintenance, education, welfare, or support of your children or other minors. Direct that the trustee shall accumulate any income not needed for the above purposes, paying and transferring the portion held in trust to the beneficiary upon his or her attaining the age of majority or whichever age you select.
If you do not write a Will, the government has already written one for you. Your assets go to whoever a state law says receives the assets, or to the government itself!
          As average Americans, we work 80,000 hours in a lifetime, or 45 to 55 years. In the havoc after a break up, many persons forget to have a Will done to assure assets and decisions are taken out of the hands or the ex spouse and ex spouse's family.
        In spite of all our resources and the assets we earn during our lifetime, the vast majority of Americans do not take the time to create the legal instructions to guide the court or a guardian upon their death. National statistics indicate that more than 50% of Americans foolishly die without leaving a Will. In the absence of a Will or other legal arrangement to distribute property at death, the problems often arise and a Judges decides who gets custody of your children and handles your money. This process is called the law of intestacy. The result can be lengthy delays in the distribution of your estate, court battles between relatives and your children being raised by someone you do not favor. Without a Will, your family will have to pay substantial costs for accountants, attorneys, bonding companies and probate fees.

Conclusion
       While the preceding article contains possible items to be discussed with your family, attorney and executor, the article is by no means exhaustive. A number of these items may not be applicable in your situation, and probably there are many others that are applicable. The essential element is to spend some time now considering what you should tell those most closely associated with you to facilitate their handling of your affairs upon your death.

3. Next community events
Veteran's month programs:
November 27 Woodbridge Library at 7pm
Wills, Estate Planning & Probate Seminar free & open to the public
Woodbridge Public Library
1 George Frederick Plaza
Woodbridge NJ 07095 

November 28 VFW Asbury Park Post 1333
Wills, Estate Planning & Probate Seminar at 6pm -free & open to the public
VFW Asbury Park Post # 1333 [Regular meeting is 7pm]
701 Lake Ave.P.O. Box 693
Asbury Park, NJ 07712
732-988-3440

4. Fun Upcoming Running Races & Charity events 
If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.comOften we car pool from East Brunswick /Edison or meet at these events. I update this list at http://vercammensport.blogspot.com

November 23, 2018 
Born to Run 5 mile Freehold 11am Friday great Freehold FARC event

November 24, 2018 
Crazy Eddie Memorial Hash run- not a race, trail hash with beverage stops Saturday Rumson Hasher HHH

November 25, 2018
Navesink Challenge 15k & 5k 10am 10:10 for 5k Post race in Red Bank 10 W Front St.
Red Bank, NJ 07701 [Ken V runs 5k]

December 1, 2018 
Big Chill 5k Rutgers New Bruns     9:05

December 2, 2018
Jingle Bell Run for Arthritis 5k run 9:30 Metuchen HS NJ  

December 8, 2018   
St. Paul 5k at North Brunswick Community Park off Rt 130 
9am to benefit St. Paul Milltown

January 5, 2019
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

Pope Francis blesses N.J. Bar association and other pilgrims

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E552 Recent cases 1. Free Estate Planning consults for Veterans. 2. Veterans & Sons of Veterans should Join the American Legion 3. Reasons to sign a Power of Attorney 4. NJ Driver had to pay surcharge based on Illinois DWI. 5. Fun October Upcoming Running Races

NJ LAWS EMAIL NEWSLETTER E552
Kenneth Vercammen, Attorney at Law
                                                                                           November 6, 2018

E552
Recent cases
1. Free Estate Planning consults for Veterans.
2. Veterans & Sons of Veterans should Join the American Legion
3.  Reasons to sign a Power of Attorney
4. NJ Driver had to pay surcharge based on Illinois DWI.
5. Fun October Upcoming Running Races

Recent cases

Veteran's Day-
1. Free Estate Planning consults for Veterans for November Veterans month.  Call us to schedule a consultation. 732-572-0500 between the hours of 9am-5:30pm, Monday through Friday.

   Local military veterans will be holding services and other events this week to commemorate Veterans Day. The holiday, originally called Armistice Day, was created to honor veterans of World War I. The armistice effectively ending the war was signed on Nov. 11, 1918.   Congress passed legislation setting Nov. 11 as a day to honor American veterans of all wars.

   While in college I wrote my senior class project on my grandfather Albert Louis Vercammen who fought in WWI against the German army with the Belgian Army. I wrote how he single handedly defeated the Germans to make the world safe for democracy. I hope to travel to Belgium in the summer of 2019 to see the site of the Battle of the Yser River and other areas my grandfather served.
         
   Decades later, the Red Chinese stormed into North Korea in the Korean War and threatened Communism throughout Asia. The Army summoned my dad, Albert P. Vercammen, to go over and fight the invaders. He was on the Battleship New Jersey crossing the Pacific when the North Koreans and Chinese heard about the fierce Vercammen fighting spirit. The North Koreans started to retreat and wanted to surrender. The cowardly United Nations let them call it a truce. Again, the world was safe for democracy.
         
   While in Korea, Al Vercammen was promoted to Sergeant. I recall him saying Korea was the coldest place in the world. Also, unlike the TV show MASH that had attractive nurses, the nurses in Korea were all ugly. The black and white photos taken in Korea my Dad has show barren hills near their Spartan tents. It looked cold. I am glad I did not have to go over there. So as Americans, we thank our Dads and other vets that got the call to duty [draft] and helped turn the tide against the Communists.
         
  My father in law John Bachenski served in WWII in the Army Air Corp, the forerunner of the Air Force. He helped start the sonar radar program for the Army. He successfully helped defend the air base at Boca Raton, Florida from the invading Italian navy. He is a long time member of the American Legion.

2. Veterans & Sons of Veterans should Join the American Legion
      
   To honor my dad and other veterans I recently joined the Sons of American Legion. I am now am an Member, Sons of American Legion, Edison Father & Son Post 435, which is located on 43 Oakland Ave, Edison, NJ 08817 near Plainfield Ave and Wick Plaza.

  Full Membership is open only to men and women who served active duty in the US Armed Forces during specific periods designated as "war time" by the US Congress, and who have received an honorable discharge, or are still serving honorably. Eligible veterans would be able to provide a Form DD214 (or similar) to verify their eligibility. If you don't meet these requirements, you can still support the USA and Posts of the American Legion.

  It's possible that you may be able to join one of the other organizations in the "Legion Family." The Sons of The American Legion (SAL) is comprised of male descendants, adopted sons and stepsons of American Legion members. (There are no age limitations.) Many posts have an active SAL program and you can contact one near you to learn more. (Visit www.legion.org/sonsfor more information.) I joined as a SOL.

 Their sister organization is the American Legion Auxiliary. Eligibility is open to mothers, wives, daughters, sisters, granddaughters, great grand daughters, or grandmothers of members of The American Legion, or of deceased veterans who served in the United States Armed Forces during the listed war eras.

   The American Legion was chartered and incorporated by Congress in 1919 as a patriotic veterans organization devoted to mutual helpfulness. It is the nation's largest wartime veterans service organization, committed to mentoring youth and sponsorship of wholesome programs in our communities, advocating patriotism and honor, promoting strong national security, and continued devotion to our fellow service members and veterans.

 Hundreds of local American Legion programs and activities strengthen the nation one community at a time. American Legion Baseball is one of the nation's most successful amateur athletic programs, educating young people about the importance of sportsmanship, citizenship and fitness. The Operation Comfort Warriors program supports recovering wounded warriors and their families, providing them with "comfort items" and the kind of support that makes a hospital feel a little bit more like home. The Legion also raises millions of dollars in donations at the local, state and national levels to help veterans and their families during times of need and to provide college scholarship opportunities.
To contact the American Legion, Edison Father & Son Post 435 Call (732) 985-9768. Hall Rental also available for events

3.  Reasons to sign a Power of Attorney
   A Power of Attorney allows your spouse or another person to administer your assets during your lifetime, either upon disability or now.  The lack of a properly prepared and executed Power of Attorney can cause extreme difficulties when an individual is stricken with severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs. More info at http://www.njlaws.com/power_of_attorney.html
In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your family or partner cannot pay your bills or handle your assets. The result can be lengthy delays. 

   The term "durable" in reference to a power of attorney means that the power remains in force for the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal may cancel a power of attorney at any time for any reason. Powers granted on a power of attorney document can be very broad or very narrow in accordance with the needs of the principal. 

  New Jersey has a detailed, expensive legal procedures, called Guardianships or conservatorships, to provide for appointment of a Guardian. These normally require lengthy, formal proceedings and are expensive in court. This means involvement of lawyers to prepare and file the necessary papers and doctors to provide medical testimony regarding the mental incapacity of the subject of the action.

  The procedures also require the involvement of a temporary guardian to investigate, even intercede, in surrogate proceedings. This can be slow, costly, and very frustrating.   Advance preparation of the Power of Attorney could avoid the inconvenience and expense of guardianship proceedings. This needs to be done while the principal is competent, alert and aware of the consequences of his / her decision. Once a serious problem occurs, it is usually too late.  
The Power of Attorney can be effective immediately upon signing or only upon disability.

   Most people who give a Power of Attorney to someone else do it with the thought that if they should become ill or incapacitated or if they should travel, the Power of Attorney will permit the holder of it to pay their bills and to handle all of their affairs for them as limited in the Power of Attorney.

4.NJ Driver had to pay surcharge based on Illinois DWI. Koscinski v. New Jersey Motor Vehicle Comm. unreported
  Koscinski was convicted of driving while intoxicated, his first conviction of such offense. Three years later, appellant was charged in Illinois for the same offense. The sentence the Illinois court imposed was that appellant "continue counseling in New Jersey" and pay a fine of $750. Both states were members of the Interstate Driver License Compact, which required party states to impose penalties upon licensed drivers who have been convicted of specific offenses in other states.

   After receiving a record of the Illinois conviction, respondent issued petitioner a notice of suspension. Respondent denied appellant's request for a hearing finding none of the factual or legal issues asserted warranted such a proceeding and ordered his license to be suspended. Subsequently, appellant informed respondent that he received a notice that respondent intended to increase the monthly payment toward the surcharge it imposed as a result of the Illinois conviction and requested a hearing. Respondent issued a written decision in which it pointed out N.J.S.A. 17:29A-35 required a specific assessment when a New Jersey driver had been convicted of driving under the influence of alcohol.
On appeal, the court affirmed rejecting appellant's argument that respondent was without authority to impose a surcharge or an increase in the surcharge because he had previously paid a fine to the Illinois court in connection with that conviction. Under the Compact, appellant was subject to punishment in both states for driving while intoxicated. Moreover, appellant failed to identify any material facts that were in dispute, which would otherwise require a hearing. Accordingly, the court affirmed. Source NJLJ Daily Briefing

5. Next community events
November 13, 2018 Sayreville Public Library
Wills & Power of Attorney Seminar at 6:30pm
free & open to the public

November 15, 2018 NJAJ  Meadowlands

Veteran's month programs:
November 27, 2018 Woodbridge Library at 7pm
Wills, Estate Planning & Probate Seminar free & open to the public

November 28, 2018 VFW Asbury Park Post 1333
Wills, Estate Planning & Probate Seminar at 6pm -free & open to the public

  Fun Upcoming Running Races & Charity events
  If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.comOften we car pool from East Brunswick /Edison or meet at these events. I update this list at http://vercammensport.blogspot.com

November 17, 2018  Manasquan Turkey Run  5-mile 11am party at taverns after race discount beer co sponsor Wakefern Shoprite jsrc.orgManasquan Little League Field, Manasquan New Jersey

November 18, 2018  Gobbler Express Train Run, Asbury Park, not a race. Get on train in Asbury, go south and get off either Bradley, Belmar or Spring Lake, then run back 2,4, or 6 miles, Post Run social at Johnny Mac's Located at 208 Main Street in Asbury Park - Across from Train Station  Sunday co sponsor Wakefern Shoprite jsrc.org

November 23, 2018 Born to Run 5 mile Freehold 11am Friday great Freehold FARC event

November 24, 2018 Crazy Eddie Memorial Hash run- not a race, trail hash with beverage stops Saturday Rumson Hasher HHH

November 25, 2018  Navesink Challenge 15k & 5k  10am  10:10 for 5k Post race at Red Bank Elks   [Ken V runs 5k]

December 1, 2018  Big Chill 5k Rutgers New Bruns      9:05


December 2, 2018 Jingle Bell Run for Arthritis 5k run 9:30 Metuchen NJ   

December 8, 2018   St. Paul 5k at North Brunswick Community Park off Rt 130 9am to benefit St. Paul Milltown

January 5, 2019  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






Editor's Note and Disclaimer:
All materials Copyright 2018. 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










Monday, December 03, 2018

Kenneth Vercammen Fall - Law Clerk Allison Wendell - Rutgers University - Class of 2020

E552 Recent cases 1. Free Estate Planning consults for Veterans. 2. Veterans & Sons of Veterans should Join the American Legion 3. Reasons to sign a Power of Attorney 4. NJ Driver had to pay surcharge based on Illinois DWI. 5. Fun October Upcoming Running Races

Recent cases

Veteran's Day -
1. Free Estate Planning consults for Veterans for November Veterans month.  Call us to schedule a consultation. 732-572-0500 between the hours of 9am-5:30pm, Monday through Friday.
   Local military veterans will be holding services and other events this week to commemorate Veterans Day. The holiday, originally called Armistice Day, was created to honor veterans of World War I. The armistice effectively ending the war was signed on Nov. 11, 1918.   Congress passed legislation setting Nov. 11 as a day to honor American veterans of all wars.
 
   While in college I wrote my senior class project on my grandfather Albert Louis Vercammen who fought in WWI against the German army with the Belgian Army. I wrote how he single handedly defeated the Germans to make the world safe for democracy. I hope to travel to Belgium in the summer of 2019 to see the site of the Battle of the Yser River and other areas my grandfather served.
         
   Decades later, the Red Chinese stormed into North Korea in the Korean War and threatened Communism throughout Asia. The Army summoned my dad, Albert P. Vercammen, to go over and fight the invaders. He was on the Battleship New Jersey crossing the Pacific when the North Koreans and Chinese heard about the fierce Vercammen fighting spirit. The North Koreans started to retreat and wanted to surrender. The cowardly United Nations let them call it a truce. Again, the world was safe for democracy.
         
   While in Korea, Al Vercammen was promoted to Sergeant. I recall him saying Korea was the coldest place in the world. Also, unlike the TV show MASH that had attractive nurses, the nurses in Korea were all ugly. The black and white photos taken in Korea my Dad has show barren hills near their Spartan tents. It looked cold. I am glad I did not have to go over there. So as Americans, we thank our Dads and other vets that got the call to duty [draft] and helped turn the tide against the Communists.
         
  My father in law John Bachenski served in WWII in the Army Air Corp, the forerunner of the Air Force. He helped start the sonar radar program for the Army. He successfully helped defend the air base at Boca Raton, Florida from the invading Italian navy. He is a long time member of the American Legion.
 
2. Veterans & Sons of Veterans should Join the American Legion
      
   To honor my dad and other veterans I recently joined the Sons of American Legion. I am now am an Member, Sons of American Legion, Edison Father & Son Post 435, which is located on 43 Oakland Ave, Edison, NJ 08817 near Plainfield Ave and Wick Plaza.
 
  Full Membership is open only to men and women who served active duty in the US Armed Forces during specific periods designated as "war time" by the US Congress, and who have received an honorable discharge, or are still serving honorably. Eligible veterans would be able to provide a Form DD214 (or similar) to verify their eligibility. If you don't meet these requirements, you can still support the USA and Posts of the American Legion.

  It's possible that you may be able to join one of the other organizations in the "Legion Family." The Sons of The American Legion (SAL) is comprised of male descendants, adopted sons and stepsons of American Legion members. (There are no age limitations.) Many posts have an active SAL program and you can contact one near you to learn more. (Visit www.legion.org/sons for more information.) I joined as a SOL.

 Their sister organization is the American Legion Auxiliary. Eligibility is open to mothers, wives, daughters, sisters, granddaughters, great grand daughters, or grandmothers of members of The American Legion, or of deceased veterans who served in the United States Armed Forces during the listed war eras.
 
   The American Legion was chartered and incorporated by Congress in 1919 as a patriotic veterans organization devoted to mutual helpfulness. It is the nation's largest wartime veterans service organization, committed to mentoring youth and sponsorship of wholesome programs in our communities, advocating patriotism and honor, promoting strong national security, and continued devotion to our fellow service members and veterans.

 Hundreds of local American Legion programs and activities strengthen the nation one community at a time. American Legion Baseball is one of the nation's most successful amateur athletic programs, educating young people about the importance of sportsmanship, citizenship and fitness. The Operation Comfort Warriors program supports recovering wounded warriors and their families, providing them with "comfort items" and the kind of support that makes a hospital feel a little bit more like home. The Legion also raises millions of dollars in donations at the local, state and national levels to help veterans and their families during times of need and to provide college scholarship opportunities.
To contact the American Legion, Edison Father & Son Post 435 Call (732) 985-9768. Hall Rental also available for events
 
3.  Reasons to sign a Power of Attorney
   A Power of Attorney allows your spouse or another person to administer your assets during your lifetime, either upon disability or now.  The lack of a properly prepared and executed Power of Attorney can cause extreme difficulties when an individual is stricken with severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs. More info at http://www.njlaws.com/power_of_attorney.html
In the absence of a Power of Attorney or other legal arrangement to distribute property if you become disabled, your family or partner cannot pay your bills or handle your assets. The result can be lengthy delays. 

   The term "durable" in reference to a power of attorney means that the power remains in force for the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal may cancel a power of attorney at any time for any reason. Powers granted on a power of attorney document can be very broad or very narrow in accordance with the needs of the principal. 
 
  New Jersey has a detailed, expensive legal procedures, called Guardianships or conservatorships, to provide for appointment of a Guardian. These normally require lengthy, formal proceedings and are expensive in court. This means involvement of lawyers to prepare and file the necessary papers and doctors to provide medical testimony regarding the mental incapacity of the subject of the action.

  The procedures also require the involvement of a temporary guardian to investigate, even intercede, in surrogate proceedings. This can be slow, costly, and very frustrating.   Advance preparation of the Power of Attorney could avoid the inconvenience and expense of guardianship proceedings. This needs to be done while the principal is competent, alert and aware of the consequences of his / her decision. Once a serious problem occurs, it is usually too late.  
The Power of Attorney can be effective immediately upon signing or only upon disability.

   Most people who give a Power of Attorney to someone else do it with the thought that if they should become ill or incapacitated or if they should travel, the Power of Attorney will permit the holder of it to pay their bills and to handle all of their affairs for them as limited in the Power of Attorney.
 
4.NJ Driver had to pay surcharge based on Illinois DWI. Koscinski v. New Jersey Motor Vehicle Comm. unreported
  Koscinski was convicted of driving while intoxicated, his first conviction of such offense. Three years later, appellant was charged in Illinois for the same offense. The sentence the Illinois court imposed was that appellant "continue counseling in New Jersey" and pay a fine of $750. Both states were members of the Interstate Driver License Compact, which required party states to impose penalties upon licensed drivers who have been convicted of specific offenses in other states.

   After receiving a record of the Illinois conviction, respondent issued petitioner a notice of suspension. Respondent denied appellant's request for a hearing finding none of the factual or legal issues asserted warranted such a proceeding and ordered his license to be suspended. Subsequently, appellant informed respondent that he received a notice that respondent intended to increase the monthly payment toward the surcharge it imposed as a result of the Illinois conviction and requested a hearing. Respondent issued a written decision in which it pointed out N.J.S.A. 17:29A-35 required a specific assessment when a New Jersey driver had been convicted of driving under the influence of alcohol.
On appeal, the court affirmed rejecting appellant's argument that respondent was without authority to impose a surcharge or an increase in the surcharge because he had previously paid a fine to the Illinois court in connection with that conviction. Under the Compact, appellant was subject to punishment in both states for driving while intoxicated. Moreover, appellant failed to identify any material facts that were in dispute, which would otherwise require a hearing. Accordingly, the court affirmed. Source NJLJ Daily Briefing
 
5. Next community events
November 13, 2018 Sayreville Public Library
Wills & Power of Attorney Seminar at 6:30pm
free & open to the public
 
November 15, 2018 NJAJ  Meadowlands
 
Veteran's month programs:
November 27, 2018 Woodbridge Library at 7pm
Wills, Estate Planning & Probate Seminar free & open to the public
 
November 28, 2018 VFW Asbury Park Post 1333
Wills, Estate Planning & Probate Seminar at 6pm -free & open to the public
 
  Fun Upcoming Running Races & Charity events
  If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.com Often we car pool from East Brunswick /Edison or meet at these events. I update this list at http://vercammensport.blogspot.com

November 17, 2018  Manasquan Turkey Run  5-mile 11am party at taverns after race discount beer co sponsor Wakefern Shoprite jsrc.org Manasquan Little League Field, Manasquan New Jersey
 
November 18, 2018  Gobbler Express Train Run, Asbury Park, not a race. Get on train in Asbury, go south and get off either Bradley, Belmar or Spring Lake, then run back 2,4, or 6 miles, Post Run social at Johnny Mac's Located at 208 Main Street in Asbury Park - Across from Train Station  Sunday co sponsor Wakefern Shoprite jsrc.org
 
November 23, 2018 Born to Run 5 mile Freehold 11am Friday great Freehold FARC event

November 24, 2018 Crazy Eddie Memorial Hash run- not a race, trail hash with beverage stops Saturday Rumson Hasher HHH

November 25, 2018  Navesink Challenge 15k & 5k  10am  10:10 for 5k Post race at Red Bank Elks   [Ken V runs 5k]

December 1, 2018  Big Chill 5k Rutgers New Bruns      9:05
 
http://recreation.rutgers.edu/big-chill/
 
December 2, 2018 Jingle Bell Run for Arthritis 5k run 9:30 Metuchen NJ   
 
December 8, 2018   St. Paul 5k at North Brunswick Community Park off Rt 130 9am to benefit St. Paul Milltown
 
January 5, 2019  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

E551 Recent cases 1. Driver can be charged with criminal driving while suspended if they had prior refusal and prior DWI. 2. Ordinary police video not subject to OPRA. 3. November 6th- -The Westin Excelsior Rome Tuesday, 8:30-9:45 4. Sayreville Library Wills & Power of Attorney Seminar November 13- 6:30pm 5. Fun October Upcoming Running Races

E551
Recent cases
1. Driver can be charged with criminal driving while suspended if they had prior refusal and prior DWI. 
2. Ordinary police video not subject to OPRA. 
3. November 6th- -The Westin Excelsior Rome Tuesday, 8:30-9:45
4. Sayreville Library Wills & Power of Attorney Seminar November 13- 6:30pm
5. Fun October Upcoming Running Races
Recent cases
1. Driver can be charged with criminal driving while suspended if they had prior refusal and prior DWI.  State v Dougherty.

   The court finds that the plain language of N.J.S.A. 2C:40-26(b), the fourth-degree offense of driving while suspended, includes both driving while under the influence (DWI), N.J.S.A. 39:4-50, and refusal to submit to breath testing (refusal), N.J.S.A. 39:4-50.4a. They are predicate offenses even where the prior conviction history consists of one conviction under the separate sections of the Motor Vehicle Code. In other words, one DWI and one refusal suffice for the criminal offense of driving while suspended.
2. Ordinary police video not subject to OPRA. Paff v. OceanCounty Prosecutor's Office.

    The Court reverses the judgment of the Appellate Division panel, concurring with the panel's dissenting judge that the MVR recordings were not "required by law" within the meaning of N.J.S.A. 47:1A-1.1, that they constitute criminal investigatory records under that provision, and that they are therefore not subject to disclosure under OPRA. The Court agrees with the panel's conclusion that the recordings are not within OPRA's "investigations in progress" provision, and that OPRA's privacy clause does not exempt the recordings from disclosure. The Court remands the matter to the trial court for consideration of plaintiff's claim of a common-law right of access to the MVR recordings.
3. November 6th- -The Westin Excelsior Rome Tuesday,
8:30-9:45
     
     Ethics in Your Practice Rome Italy [Learn how to make more money by ethically marketing your practice... and staying ethically compliant!]
     Like a great opera, avoiding ethics and malpractice issues your practice requires talent and finesse. This program will help you stay in tune so that you don't become la Traviata - the fallen one. 
Moderator/Speaker:
Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year
Kenneth Vercammen & Associates, PC, Edison
Speakers:
Steven L. Menaker, Esq.
Thomas H. Prol, Esq, Past NJSBA President
Laddey Clark & Ryan, LLP, Sparta
Daniel Rosner, Esq. Past NIAJ President
Rosner Law Offices, PC, Vineland
Seminar MY18_0009   
The Westin Excelsior Rome- Boncompagni room
4. Sayreville Library Wills & Power of Attorney Seminar November 13- 6:30pm
Open to the public. You don't have to be a Sayreville resident to attend.
Sayreville Public Library 1050 Washington Road Parlin NJ 08859
732.727.0212 ext.25
Nov 15 NJAJ Meadowlands Seminar 2018 
Hilton Meadowlands Hotel
East Rutherford, NJ
5. Fun Upcoming Running Races & Charity events participated by Kenneth Vercammen

November 17 Manasquan Turkey Run 5-mile 11am party at taverns after race discount beer co sponsor Wakefern Shoprite jsrc.org Manasquan Little League Field, Manasquan New Jersey
November 18 Gobbler Express Train Run, Asbury Park, not a race. Get on train in Asbury, go south and get off either Bradley, Belmar or Spring Lake, then run back 2,4, or 6 miles, Post Run social at Johnny Mac's Located at 208 Main Street in Asbury Park - Across from Train Station Sunday co sponsor Wakefern Shoprite jsrc.org
November 23 Born to Run 5 mile Freehold 11am Friday great Freehold FARC event

November 24 Crazy Eddie Memorial Hash run- not a race, trail hash with beverage stops Saturday Rumson Hasher HHH

November 25 Navesink Challenge 15k & 5k 10am 10:10 for 5k Post race at Red Bank Elks   [Ken V runs 5k]
December 1 Big Chill 5k Rutgers New Bruns     9:05 
http://recreation.rutgers.edu/big-chill/
December 2 Jingle Bell Run for Arthritis 5k run 9:30 Metuchen NJ 
December 8   St. Paul 5k at North Brunswick Community Park off Rt 130 9am to benefit St. Paul Milltown
then   just mark Mystery Trail South B
December 9 Toys for Tots 5K 10am Freehold NJ Tighe Park Sunday
December 16 Sunday 10:00am - Hoboken Jingle Bell 5k in Hoboken
If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.com Often we car pool from East Brunswick /Edison or meet at these events. I update this list at http://vercammensport.blogspot.com/

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