E559 1. Strip search permitted for indictable cases. State v Brown 2. OK for Rutgers University police officer to stop and arrest a defendant for DWI. State v. Goines 3. NJ MVC was required here to have hearing to suspend for Maryland DWI. 4. April Free community events 5. Charity Running Races

In this Issue: 1.    Strip search permitted for indictable cases. State v Brown 2   OK for Rutgers University police officer to stop and arrest a defendant for DWI.   State v. Goines 3.  NJ MVC was required here to have hearing to suspend for Maryland DWI. 4.   April Free community events 5.   Charity Running Races 1. Strip search permitted for indictable cases. State v Brown __ NJ Super. _ (App. Div. 2018) The panel affirms the trial court's order denying defendant's motion to suppress five bricks of heroin seized from defendant's groin area pursuant to a strip search following defendant's arrest for indictable drug offenses. The panel addressed the strip search statute, N.J.S.A. 2A: 161A-1 to -10, which affords certain protections to persons who are arrested or detained for non-indictable offenses, and whether the Attorney General Guidelines for strip searches extend those protections to persons arrested or detained for crimes. The panel concludes that neither the legislative history nor the plain terms of the statute authorized the Attorney General to promulgate Guidelines to extend the statute's protections to persons detained or arrested for crimes. The panel further concludes that the strip search was justified here by probable cause and reasonable exigent circumstances, thereby satisfying the Fourth Amendment of the United States Constitution, and Article I, Paragraph 7 of the New Jersey Constitution. (17-06-1207) 2 OK for Rutgers University police officer to stop and arrest a defendant for DWI State v. Goines N.J. Super. Law Div. Docket NO. MA-37-2016 The state appealed the ruling of a municipal court judge that determined a Rutgers University Police Officer lacked jurisdiction to stop and arrest defendant for DUI. The officer allegedly observed defendant illegally cross a double-yellow line, after which she activated her lights and pulled over defendant in the city of New Brunswick. Defendant was transported to the police station for an Alcotest, which revealed a BAC of 0.14%. Before the municipal court, defendant moved to dismiss the DUI summons for lack of jurisdiction. Defendant cited a memorandum of understanding between Rutgers and New Brunswick that permitted Rutgers police officers to enforce motor vehicle laws on certain streets; because defendant's arrest did not occur on one of those streets, the municipal court judge granted defendant's motion. On appeal, the court reversed the ruling of the municipal court. The court noted that, in isolation, Title 18A appeared to preclude university police officers from enforcing traffic laws off-campus except at the request of municipal authorities. However, the court found that the Motor Vehicle Code also permitted "any law enforcement officer" to arrest someone for DUI. The court noted that this provision had been interpreted to permit municipal police officers to arrest drivers for DUI outside of those officers' territorial jurisdiction. The court interpreted the legislature's use of the term "any law enforcement officer" to mean that the legislature intended to expand the number of officials with authority to arrest drunk drivers. The court therefore held that it was consistent with the statute to give university police jurisdiction to enforce DUI laws. The court read this statute with Title 18A as preventing university police officers from being overtaxed, while not preventing those officers from stopping crimes occurring right before their eyes.                                                         Source: https://www.law.com/njlawjournal/almID/1541469624NJMA372016/ 3. NJ MVC was required here to have hearing to suspend for Maryland DWI Held v. New Jersey Motor Vehicle Comm'n, N.J. Super. App. Div. Unreported          Plaintiff appealed defendant commission's final decision suspending plaintiff driver's license for 10 years, after plaintiff had pled guilty to DUI in Maryland. At the time of his Maryland conviction, plaintiff had three previous DUI convictions in New Jersey. Plaintiff opposed the suspension of his license, arguing that the length was excessive and challenging the equivalency of his Maryland conviction under New Jersey law. However, without holding an evidentiary hearing the MVC concluded that the Maryland statue for which plaintiff was convicted was substantially similar to the New Jersey statute for purposes of license suspension pursuant to the Interstate Driver License Compact. On appeal, plaintiff argued that his Maryland conviction was not substantially similar to a conviction under New Jersey law because the Maryland statute allowed for conviction with a lower level of impairment than required for conviction in New Jersey.      The court agreed with plaintiff that he was entitled to an evidentiary hearing to establish the equivalency of his Maryland conviction. The court noted that while New Jersey permitted DUI conviction per se, based on a blood test, or by officer observation, Maryland permitted conviction "while under the influence of alcohol", "under the influence of alcohol per se", and "while impaired by alcohol". The court further noted that Maryland defined "impaired by alcohol" as a state less than intoxication where alcohol nonetheless affected one's coordination. Accordingly, the court concluded that further hearing was necessary to determine whether the "while impaired by alcohol" provision of the Maryland DUI statute was substantially similar to the observational provision of the New Jersey DUI statute. 4. April Free community events: April 15th Clara Barton Branch Library at 6:30 PM Monday Free 141 Hoover Avenue Edison, NJ 08837 April 20 Happy 420 day. May 2 ABA Estate Planning, Probate and Trust and Elder Law Joint Committee Meeting  10:00 am - 11:00 am at the Marriott Marquis, NYC at the 2019 ABA Section of Litigation & GPSolo CLE Conference in New York, NYC Thursday 1535 Broadway, New York, NY 10036 Round table discussion Free to all attendees.    Ideas to be discussed: - BUILDING THE MILLION DOLLAR ESTATE PLANNING PRACTICE A Lawyer's Guide to Creating a Winning Estate Planning Practice Ethically Building Your Practice using free and low-cost online methods 1.   Website specific http://www.njwillsprobatelaw.com 2.   Blog https://njprobate.blogspot.com 3.   Facebook Law Office 4.   LinkedIn- post articles, events 5.   YouTube 6.   Yelp for Business Owners 7.   Avvo Legal rating 8.   JD Supra 9.   Justia Lawyer Directory: Plus May 2, 2019 7:00 AM - 7:40 AM Thursday  Jog with Ken Vercammen & See Hudson River and Aircraft Carrier Intrepid 10am GPSolo Estate Planning, Probate and Trust and Elder Law Joint Committee Meeting 5. Charity Running Races Sat April 13, 2019 Colonia 5k Start St. John Vianney Church Wakefern /Shoprite co sponsor 4/27/19              Lake Como 5k               Sat 10am   Start Bar A Benefit BPOE Elks Camp Moore for Children with Special Needs & Lake Como Giving Tree       4/28/19 Tour de Franklin,Franklin Food Bank 62 mile & 40-mile bike 62 Mile Metric Century or     40 Mile   now Starts at Franklin High School http://www.franklinfoodbank.org/events 5/4/19 Farmlands bike This family-friendly event has marked routes in a variety of distances, from a leisurely 15,25,35 mile jaunt to the ambitious 50 mile, metric (62.5 miles) and century (100 miles) Central Jersey Bike Club Middletown http://www.cjbc.org 5/5/19 Highland Park 5k Run in the Park   9am Sunday RVRR is volunteer group. Please help us with a review on Google: https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 - Recommend us on Facebook:  https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/  -Endorsing us on Linkedin:  https://www.linkedin.com/in/kennethvercammen -Help by writing a Review on AVVO: https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html -Help us with a review on Yelp:  https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison Editorial Assistance provided by Anthony Rizzo.  Mr. Rizzo is currently a senior at Rutgers University and is participating in Kenneth Vercammen's Spring Internship Program. Like Us On: Facebook https://www.facebook.com/pages/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817/149816077985

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

E558 1. NJ Inheritance Tax must still usually be paid. 2. Power of Attorney- Do not use a form purchased online. 3. Set up a Testamentary Trust in your Will for Protection for a second spouse. 4. Federal Health Privacy Law (HIPAA). 5. Always have proper Self- Proving Wills. 6. VOLUNTEER INTERN WANTED 7. Congratulations to Robert Adochio. 8. Congratulations to Anthony Ashnault. 9. April Upcoming Seminars / Programs

In this Issue: 1. NJ Inheritance Tax must still usually be paid if assets are going to other than spouse, children, grandchildren. 2. Power of Attorney- Do not use a form purchased online. 3. Set up a Testamentary Trust in your Will for Protection for a second spouse to protect assets for children and grandchildren. 4. Federal Health Privacy Law (HIPAA)- Have a new Living Will prepared. 5. Always have proper Self-Proving Wills since witnesses often move or pass away, don't rely on cheap online forms. 6. VOLUNTEER INTERN WANTED - ABA Asst Editor of Books for Young Lawyers 7. Congratulations to Robert Adochio, Middlesex Bar Municipal Court Attorney of the Year. 8. Congratulations to Middlesex County's Anthony Ashnault, National champion in wrestling and 4 time NCAA All American. 9. April Upcoming Seminars / Programs _______________________________________________________ 1. NJ Inheritance Tax must still usually be paid if assets are going to persons other than spouse, children, grandchildren.     Separate from the Estate Tax, New Jersey imposes an Inheritance Tax on the estates of limited resident and nonresident decedents.  The elimination of Estate Tax in NJ made no changes to the New Jersey Inheritance Tax.     Even if no inheritance tax due, a Tax Waiver on a house must still be obtained and filed if the house was not co-owned by the spouse. Your attorney will assist you by filing the mandatory Tax forms. 2019 INHERITANCE TAX RATES Class A- children, grandchildren, parent: No tax is due Class C: brothers, sisters First $25,000.......................No tax is due Next $1,075,000................ 11% Next $300,000..................... 13% Next $300,000..................... 14% Over $1,700,000................... 16% Class D [other people] First $700,000......................... 15%* Over $700,000......................... 16% Class E- charities, non profits:  No tax is due 2. Power of Attorney- Do not use a form purchased online.     A Power of Attorney should contain reference to the NJ statute requiring banks to honor the Power of Attorney. Section 2 of P.L. 1991, c. 95 (c. 46:2B-11). A NJ bank does not have honor a Power of Attorney without the NJ language. Also, if you or your representative move it is a good idea to have a new POA prepared since a bank may give your selected person a hard time if the address on their ID is different than the address on the POA. 3. Set up a Testamentary Trust in your Will for Protection for a second spouse to protect assets for children and grandchildren.    The Credit Shelter Trust (sometimes referred to as a "Bypass Trust" or an "A/B Trust") was a popular estate planning technique used by married couples with combined assets to avoid the NJ Estate Tax. A Testamentary Trust (sometimes referred to as a Will trust or trust under will) is a trust, which arises upon the death of the testator [person who signed the Will]. A Credit Shelter Trust is a type of Testamentary Trust.      The purpose of the Credit Shelter Trust was to avoid the wasting of federal and state exemptions on the death of the first spouse. Instead of leaving all assets to the surviving spouse and thereby exposing the surviving spouse's estate to more tax, Nursing Home & Medicaid issues, plus elective share by a future spouse, both spouse's Wills are drafted to establish a Credit Shelter Trust to come into existence and be funded on the first spouse's death.       Even though NJ has eliminated the NJ Estate Tax, a Testamentary Trust within the Will is still a useful device to help ensure children and grandchildren with receive money down the road. Otherwise, the surviving spouse can spend all the money in Atlantic City. The surviving spouse could also get remarried and do a new Will leaving all assets to the new spouse. Also, if your spouse gets remarried and their new spouse has to go into a nursing home, your spouse may have to use some of your hard earned money to pay for the new spouse's expensive nursing home. Many families want to protect at least some of the money from wasteful spending or a new spouse.         In a typical Will Testamentary Trust, the surviving spouse is entitled to receive all of the income from the Trust for his or her lifetime, and has the right to demand principal distributions for his or her health, education, support and maintenance in his or her accustomed manner of living. Distributions in excess of that standard require the cooperation of a Co-Trustee - often an adult child of the surviving spouse or another trusted family member or friend.     If the Will Testamentary Trust technique is implemented as part of a Client's Estate Plan, you can hire the attorneys for a separate fee  to assist the Client in re-titling his or her assets so that assets are available to fund the Credit Shelter Trust. Re-titling is necessary because most Clients tend to hold assets jointly with right of survivorship and assets must be titled individually in a person's name in order to be eligible to fund a Testamentary Trust. We work with a tax attorney to help our clients. Protect your money if you pass away and your spouse gets re-married or has to go into a nursing home.     Some persons even hire an attorney to set up a personal residence trust or irrevocable trust and have the assets taken out of your name and put into a trust or given to children and grandchildren in the trust. Minimum fees for trust are $3,000. This is not something a non-attorney can do on their own. It is also illegal for a non-attorney to provide legal advice or prepare most legal documents.     Beware of the "Elective share" rights of a new spouse. Have a Prenuptial Agreement if entering into a 2nd marriage     Currently, the new spouse who is not given money in a Will can challenge the terms of the Will. This is called "Electing against the Will by a spouse". A spouse could receive up to 1/3 of the estate, even if only married for 2 weeks. The spouse must file a Caveat or lawsuit in Superior Court.  We suggest a formal prenuptial agreement in 2nd marriage situations. If there is no Will, the new spouse receives 50% of the estate even if only married three days. 4. Federal Health Privacy Law (HIPAA)- Have a new Living Will prepared.     The federal regulation known as the Health Insurance Portability and Accountability Act (HIPAA) was adopted regarding disclosure of individually identifiable health information. This necessitated the addition of a special release and consent authority to all healthcare providers before medical information will be released to agents and interested persons of the patients.        Any old Powers of Attorney, Living Wills, Revocable Living Trusts, and certainly all Medical Directives now require HIPAA amendments.  After you sign the Living Will in your attorney's office, provide a copy to your doctor and family.   Powers of attorneys and Living Wills should be updated to reference this Federal reg. More information on the HIPAA law at http://www.njlaws.com/hipaa.html  More information on Wills and Probate  at  http://njwillsprobatelaw.com        5. Always have proper Self- Proving Wills since witnesses often move or pass away, don't rely on cheap online forms.     An old New Jersey Probate law required one of the two witnesses to a Will to travel and appear in the Surrogate's office and sign an affidavit to certify they were a witness. This often created problems when the witness was deceased, moved away, or simply could not be located.  Some witnesses would require a $500 fee to simply sign a surrogate paper. My Grandmother's Will was not self- proving, and the witness to Will extorted a $500 fee.     The New Jersey Legislature later passed a law to create a type of Will called a "Self-Proving Will."  In such a Will, the person for whom the Will is made must sign.  Then two witnesses sign.  Then the attorney or notary must sign; with certain statutory language to indicate the Will is self-proving.  Beware of online documents not prepared by an attorney. Never use a cheap form on line. No one tries to do their own electrical work on their home anymore or change their own oil. Have a professional do it right.     When done properly, the executor does not have to locate any witnesses. This usually saves time and money.  If your Will is not "self-proving" or if you are unsure, schedule an appointment with an estate planning attorney. Some law offices ignore the revised law, and fail to prepare self proving Wills. Do not use a law office that follows old methods and does not do a self-proving Will. Also make sure your Will includes a formal "no bond required" clause so the executor/ personal representative does not have to spend thousands of dollars being bonded. Call the Law Office of Kenneth Vercammen at 732-572-0500 to schedule an in-office consultation.  6. VOLUNTEER INTERN WANTED - ABA Asst Editor of Books for Young Lawyers     We are helping the ABA re-write three well received books which help new & young lawyers and lawyers in transitional practice [ex- lost job in recession or law firm closed. 90% of the net profits go to the ABA and ABE American Bar Endowment.     You do not have to be a current student but do need to be able to be in Edison, NJ a minimum of ten hours per week. ABA Books to be updated: "Criminal Law Forms" American Bar Association 2013  500+ pages "Smart Marketing For the Small Firm Lawyer" American Bar Association 2014  156 pages plus 700 pages on CD "Wills and Estate Administration" American Bar Association 2015     You will be included in the book Forward for recognition of your work and will have a valuable addition to your resume.     Mail or fax cover letter and resume. Do not email. Kenneth Vercammen Esq. Author 2053 Woodbridge Ave. Edison, NJ 08817        PHONE  732-572-0500            (Fax)  732-572-0030     Volunteers will be invited to attend our NJ public events plus meet and network with the participants. Volunteers can also attend the ABA New York City meeting of the ABA Estate Planning, Probate & Trust Committee in May, 2019. Participants also can attend the summer The Annual Summer Networking Happy Hour is July 12, 2019 at Bar Anticipation  Other possible Duties  - Review and Revise Legal and Consumer Law Articles for Grammar and Punctuation - Work as Assistant Editor of the New Jersey Municipal Court Law Review, which is distributed, for free to area Police, Judges, Prosecutors and other New Jersey professionals - Prepare Correspondence to websites and New Jersey Media with Revised Articles - Provide copies of published articles to  - Assist in Marketing projects - Type Rough Draft Articles  - Gain some legal and publication experience  - Part-time volunteer, 10 hours per week required  - Fall and Spring Semesters available       Editor  Kenneth A. Vercammen, Esq.     Author of  125 Legal Articles      This is an excellent opportunity to gain valuable experience as a volunteer intern and learn. Build your resume and obtain marketable skills. This will not be a brief writing and photocopying clerkship. For additional information on the Law Office, please visit the website at www.njlaws.com.   This office is committed to excellence and service to clients and the community. Applicants must  have attention to detail. Additional information on internship at  http://www.njlaws.com/intern.html 7.   Congratulations to Robert Adochio, Middlesex Bar Municipal Court Attorney of the Year.   8.  Congratulations to Middlesex County's Anthony Ashnault, National champion in wrestling and 4 time NCAA All American. 9. April Upcoming Programs / Seminar  April 4 Piscataway Library at 7pm Wills & Power of Attorney Seminar 500 Hoes Lane Piscataway NJ 08854 Free April 8 Ethically Marketing Your Law Practice Free for law student/ recent grad who helps with program. Save $200 New Jersey Law Center, New Brunswick 5:30 p.m. to 8:30 p.m.      This program will demonstrate proven techniques for promoting your practice while staying within the ethics rules whether you handle cases in Municipal Court or in other areas of law. Regular attendance is $200. Featuring: Kenneth A. Vercammen, Esq., K. Vercammen & Associates, Edison, Author ABA's Smart Marketing and the Small Firm Lawyer  Carol Johnston, Esq., Supreme Court Clerk's Office, Trenton April 9 Sayreville Public Library 6:30  Free Sayreville Public Library 1050 Washington Road Parlin NJ 08859 April 11 East Brunswick Public Library 7pm Free 2 Jean Walling Civic Center East Brunswick, NJ 08816 April 15 Clara Barton Branch Library at 6:30 PM Monday Free 141 Hoover Avenue, Edison, NJ 08837

School zone dwi Driving while intoxicated while on school property 39:4-50(g)

 School zone dwi

 Driving while intoxicated while on school property 39:4-50(g)

1st Offense - $500 to $800 fine, and

- imprisonment not exceeding 60 days, and

- driver's license suspension for not less than 1 year nor more than 2 years, and

- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and

- shall order installation of an ignition interlock device for not less than 6 months nor more than 1 year,

and

- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not

met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are

satisfied.

Plus $3,000 mvc surcharges and 9 car insurance points

2nd Offense - $1000 to $2000 fine, and

- imprisonment of not less than 96 consecutive hours, which shall not be suspended or served on

probation, nor more than 180 days, except that the court may lower such term for each day, not

exceeding 90 days, served performing community service, and

- driver's license suspension for 4 years, and

- community service for 60 days, and

- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and

- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, and

- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not

met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are

satisfied.

Plus $3,000 mvc surcharges and 9 car insurance points

3rd or Subsequent - $2000 fine, and

- imprisonment not less than 180 days in a county jail or workhouse, except that the court may order the

defendant to serve up to 90 days of that sentence participating in a drug or alcohol inpatient

rehabilitation program approved by the IDRC, and

- driver's license suspension for 20 years to start upon completion of any prison sentence, and

- VCCA $50, DDEF $100, SNSF $75, and $100 surcharge, and

- shall order installation of ignition interlock device for not less than 1 year nor more than 3 years, and

- satisfy the screening, evaluation, and referral requirements of the IDRC. If these requirements are not

met, then mandatory 2-day term of imprisonment and driver's license suspension until requirements are

satisfied.

Plus $3,000 mvc surcharges and 9 car insurance points