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| Subscription form NJ Municipal Court Law Review Kenneth Vercammen began publishing the NJ Municipal Court Law Review for Municipal Court Judges and police chiefs in 1993 as the Cranbury Municipal Court Prosecutor. Based on the overwhelming response, we made the NJ Municipal Court Law Review available to all municipalities for an annual subscription of only $20.00 per year. Prosecutors, police, Attorneys, Courts, Judges, municipalities, mayors, law enforcement, and individuals involved in the Municipal Courts and Criminal Courts in New Jersey should read this newsletter. To receive this quarterly newsletter reporting how changes in New Jersey law or court decisions could affect the prosecution or handling of Municipal Court matters, please subscribe today using this subscription form, or sending a municipal voucher. You will receive quarterly updates on selected revised motor vehicle laws and articles on Municipal Court practice. Already over 400 New Jersey police departments, prosecutors, and towns have subscribed. Please give me a call if you have any questions. I look forward to hearing from you. Name: ______________________________________ (or staple business card here) Address: ______________________________________ ______________________________________ Return to: Kenneth A. Vercammen, Esq., ________________ Editor- NJ Municipal Court Law Review 2053 Woodbridge Ave., Edison NJ 08817 For information call: (732) 572-0500 We also have a free email newsletter on wills, probate & elder law To subscribe for the email newsletter, mail or fax us your email ad |
Saturday, January 31, 2015
Subscription Form NJ Municipal Court Law Review
P.L. 2013, c.237 - Makes driver's license suspension discretionary for first offense of driving without motor vehicle liability insurance Enacted: January 17, 2014
Administrative Office of the Courts
Office of Professional and Governmental Services
Glenn A. Grant, J.A.D. Deirdre Naughton
Acting Administrative Director of the Courts Director, Professional and Governmental Services New Law Advisory
Advisory No. 2013-61 Issued: January 28, 2014
To: Assignment Judges
Subject: P.L. 2013, c.237 - Makes driver's license suspension discretionary for first offense of driving without motor vehicle liability insurance
Enacted: January 17, 2014
Effective: January 17, 2014
Area of Law: Municipal
Contact: Debra Jenkins, Assistant Director for Municipal Practice, 609-984-8241
On January 17, 2014, Governor Christie signed A-1844 into law as P.L. 2013, c.237. The new law took effect on January 17, 2014. A copy of the law is attached and is available on the Judiciary Infonet under Legal Reference/Legislation Affecting Courts. Below is a summary of the law.
The new law amends N.J.S.A.39:6B-2 to provide that the one-year driver’s license suspension penalty for a first offense of driving without the required motor vehicle liability insurance coverage may be reduced or eliminated by the court if the person provides satisfactory proof of insurance at the time of the hearing. A person who is convicted for a first offense of operating a motor vehicle without the required motor vehicle liability insurance coverage remains subject to a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court.
Kindly advise appropriate staff of this new law. Please contact Debra Jenkins, Assistant Director for Municipal Practice, if you have any questions regarding Chapter 237.
attachment
c: Glenn A. Grant, J.A.D.
Municipal Division Presiding Judges
Directors
Assistant Directors
Clerks of the Court
Trial Court Administrators
Municipal Division Managers
Municipal Court Directors and AdministratorsPage 1 of 2
P.L. 2013, c. 237
Approved January 17, 2014
[Second Reprint]
ASSEMBLY, No. 1844
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Co-Sponsored by: Assemblyman Coughlin
SYNOPSIS
Makes discretionary driver’s license suspension for first offense of driving without motor vehicle liability insurance.
CURRENT VERSION OF TEXT
As reported by the Senate Transportation Committee on May 20, 2013, with amendments.
AN ACT concerning motor vehicle liability insurance coverage and amending P.L.1972, c.197.
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1972, c.197 (C.39:6B-2) is amended to read as follows:
2. 1a.1 2[Any] An2 owner or registrant of a motor vehicle registered or principally garaged in this State who operates or causes to be operated a motor vehicle upon any public road or highway in this State without motor vehicle liability insurance coverage required by [this act] P.L.1972, c.197 (C.39:6B-1 et seq.), and 2[any] an2 operator who operates or causes a motor vehicle to be operated and who knows or should know from the attendant circumstances that the motor vehicle is without motor vehicle liability insurance coverage required by [this act] P.L.1972, c.197 2(C.39:6B-1 et seq.)2 shall be subject, for the first offense, to a fine of not less than $300 nor more than $1,000 and a period of community service to be determined by the court [, and shall forthwith forfeit his]. The court also 1[may] shall1 suspend the person’s right to operate a motor vehicle over the highways of this State for a period of 1[not less than two months or more than]1 one year from the date of conviction 1; provided, however, the period of license suspension may be reduced or eliminated if the person provides the court with satisfactory proof of motor vehicle liability insurance at the time of the hearing1. Upon subsequent conviction, [he] the person shall be subject to a fine of up to $5,000 and shall be subject to imprisonment for a term of 14 days and shall be ordered by the court to perform community service for a period of 30 days, Page 2 of 2
which shall be of 2[such] a2 form and on 2[such]2 terms as the court shall deem appropriate under the circumstances, and shall forfeit [his] the person’s right to operate a motor vehicle for a period of two years from the date of [his] the conviction, and, after the expiration of 2[said period] the forfeiture2, [he] the person may make application to the [Director of the Division of Motor Vehicles] Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the [director] chief administrator. The [director's] chief administrator’s discretion shall be based upon an assessment of the likelihood that the individual will operate or cause a motor vehicle to be operated in the future without the insurance coverage required by this act. A complaint for violation of this act may be made to a municipal court at any time within six months after the date of the alleged offense.
Failure to produce at the time of trial an insurance identification card or an insurance policy which was in force for the time of operation for which the offense is charged creates a rebuttable presumption that the person was uninsured when charged with a violation of this section.
2[1b. In the event that the court suspends a person’s right to operate a motor vehicle pursuant to subsection a. of this section, that person must provide the chief administrator with satisfactory proof of motor vehicle liability insurance coverage prior to the chief administrator reinstating the person’s right to operate a motor vehicle.1]2
(cf: P.L.1997, c.151, s.12)
2. This act shall take effect immediately.
Monday, January 26, 2015
State v Campbell DWI statute and Alcotest not unconstitutional
DWI
statute and Alcotest not unconstitutional. State v. Campbell 436 N.J.
Super. 264 (App. Div. 2014)
statute and Alcotest not unconstitutional. State v. Campbell 436 N.J.
Super. 264 (App. Div. 2014)
Defendant appeals his
conviction of drunk driving ("DWI") and the trial court's denial of
declaratory relief on his claim of unconstitutionality.
conviction of drunk driving ("DWI") and the trial court's denial of
declaratory relief on his claim of unconstitutionality.
Defendant's prosecution was based upon an Alcotest
reading of his blood alcohol content ("BAC") above the per se level
of .08 prohibited by N.J.S.A. 39:4-50(a). He argues that case law authorizing
the admission of Alcotest BAC results when the prerequisites for such
admissibility are shown by "clear-and-convincing" proof, coupled with
the statute's conclusively incriminating treatment of a BAC at or above .08,
improperly combine to relieve the State of its constitutional burden of proving
a driver's guilt by the more rigorous standard of proof "beyond a
reasonable doubt."
reading of his blood alcohol content ("BAC") above the per se level
of .08 prohibited by N.J.S.A. 39:4-50(a). He argues that case law authorizing
the admission of Alcotest BAC results when the prerequisites for such
admissibility are shown by "clear-and-convincing" proof, coupled with
the statute's conclusively incriminating treatment of a BAC at or above .08,
improperly combine to relieve the State of its constitutional burden of proving
a driver's guilt by the more rigorous standard of proof "beyond a
reasonable doubt."
The Court rejects
defendant's claim of unconstitutionality. The argument fails to distinguish the
State's threshold burden of establishing the Alcotest's evidential
admissibility from the State's ultimate burden at trail of establishing
defendant's guilt of a per se offense beyond a reasonable doubt. Even if a
pretrial motion to suppress the BAC results has been denied, a defendant can
still present competing evidence or arguments at trial to persuade the court
that the testing procedures were flawed and that his guilt has not been proven
by the more stringent reasonable doubt standard.
defendant's claim of unconstitutionality. The argument fails to distinguish the
State's threshold burden of establishing the Alcotest's evidential
admissibility from the State's ultimate burden at trail of establishing
defendant's guilt of a per se offense beyond a reasonable doubt. Even if a
pretrial motion to suppress the BAC results has been denied, a defendant can
still present competing evidence or arguments at trial to persuade the court
that the testing procedures were flawed and that his guilt has not been proven
by the more stringent reasonable doubt standard.
Book: Handling Drug DWI and Serious Motor Vehicle Cases in Municipal Court
Book: Handling Drug DWI and Serious
Motor Vehicle Cases in Municipal Court
Authors/Speakers:
Kenneth 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
Joshua
H. Reinitz, Esq., Vice Chair Municipal Court Section
Purchase from NEW JERSEY
INSTITUTE FOR CONTINUING LEGAL EDUCATION
NJICLE, A Division of the
NJSBA NJ State Bar Association
$60
Member $75 Non-Member book # M150714
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or call Customer Service at 732.214.8500
Table of Contents
Letters, Motions/Briefs, Articles/Research Page
Kenneth
A. Vercammen, Esq. 1
01 Municipal Court Questionnaire 1
02 Retainer – Municipal Court 5
03
Request for Complete Discovery 8
04
Letter of Representation Only 9
05
Discovery Request – Alcotest 7110 11
06
Discovery Request – Driving While Suspended 19
07
Speeding Law and Discovery 23
08
Discovery Request to MVC 31
09
Discovery – Complainant 35
10
OPRA – Field Sobriety – Chief of Police 39
11
OPRA – Required Officer Training 46
12
CDS Motions 47
13
DWI Motions 51
14
Motion to Reduce Bail 57
15
Letter to Client re: Reading Discovery
from Prosecution 65
16
Reciprocal Discovery to Prosecution 66
17
Notice of Specific Criminal Code Defenses 67
18
Letter to Client re: Reading and Signing
Affidavit 68
19
Second Request for Discovery – Missing Abstract 69
20
Letter to Client re: DWI Expert 70
21
Letter to Client re: Hearing 71
22
Letter to Client re: Deadline and
Attorney Fee for Appeal 73
23
Letter to Client re: No Show in Court 76
24
Suppression Motion 77
25
Suppress Statements: Violation of Miranda
Rights 78
26
Dismissal Motion re: Failure to Provide
Discovery 79
27
Motion for Conditional Discharge 84
28
Motion for Civil Reservation 85
29
Objection to Lab Certificate 87
30
Motion for SLAP 89
31
Order to Mark Case Try or Dismiss 90
32
Order to Compel Discovery 91
33
Order to Be Relieved as Counsel 92
34
Constructive Possession of Drugs in a Criminal Case 93
35
Court Cannot Handle Discovery 95
36
Motion for No Loss of Driver’s License Suspension 99
37
Motion re: Failure to Give Defendant
Copy of AIR 101
38
Motion to Provide Expert at Public Expense 115
39
Fines and Restitutions 123
40
Top 25 Cases Affecting Municipal Court 131
41
Defending a Juvenile Delinquency Case 141
42
Pretrial Intervention Program (PTI) 147
Letter
re: No Show in Court 150
Expungement/Erase
Criminal Charges 151
Plea
by Mail 152
Certification
for Application for Appointment as Private Prosecutor
(Storm) 153
Letter
Thanking Witness 155
Client’s
Sentencing and Duties 156
Post
Conviction Motion to Vacate Guilty Plea 157
Additional
Discovery Brief 167
Brief
to Suppress Blood Sample and Objection to Lab Report 171
Certification
in Support of Motion to Be Relieved 185
Notice
of Appeal 187
Miranda
Brief in Support of Motion to Suppress Statements 189
Miranda
Law Person is Subject to… 193
2nd
Request for Hearing 197
Failure
to Timely Prosecute 199
Minimum
and Maximum Fines – MV Offenses 203
Points
in Motor Vehicle Violations 251
“Pre-Trial
Intervention to Dismiss Criminal Charges” 253
“Defending
a Juvenile Delinquency Case” 255
Appeals
from Municipal Court Convictions 257
DWI
Cross Examination Questions 263
Hearsay
Not Admissible at Trial in Municipal Court Based on
Crawford Decision 267
Criminal
Law Committee Newsletter 275
Pamphlet,
“Your Rights in Municipal Court” 287
Be
Not Guilty 289
Criminal
Indictable and Disorderly Offense Penalties 293
Minimum
Mandatory Fines and Penalties Relating to Selected
Motor Vehicle Offenses 295
“Speeding
and Radar” 313
“Suspended
Licenses: Don’t Be Caught Off Guard as a
Defense
Attorney” 315
“Defense
to Possession of Drugs and Controlled Substances” 317
“Driving
Without Insurance Defenses” 319
Preparation
for the Municipal Court Case 321
“Plead
Guilty? Nah, Defend DWI Charges!” 331
Memo
re: Attorney General Guideline: Prosecution of DWI &
Refusal Violations 333
Court
Code Listing – MVC 359
No
Point Violations 363
Crash
Accident Report Abbreviations 365
“Tae
Kwon Do Martial Arts Training for Attorneys” 373
Notice
of Appeal 375
New
Law Finally Establishes a Conditional Dismissal Program
in Municipal Court 377
Brief
in Support of Motion to Dismiss Refusal 383
Notice
of Motion to Compel the Prosecutor to Fingerprint and DNA
Test Evidence Seized 385
Certification
to Compel the Prosecutor to Fingerprint and DNA Test
Evidence Seized 387
Order 388
Letter
re: No Representation 389
Certification
of Victim 391
Letter
re: Summons/Criminal Statutes 393
Letter
re: Additional Fees & Appointment 395
Letter
re: Letters of Reference/Pre-Sentence
Report 397
Letter
Requesting Hearing Notice 398
Request
to Adjourn so Defendant Can Retain Attorney 399
Scientific
and Medical Tests—Blood and Urine Documents
Requested 401
Letter
re: Arrest Stop Video to Client 403
Recommend
DWI Expert to Client 405
Bill
for Professional Services Rendered 407
Objection
to Alcotest Results Where No Expert Testimony Provided 409
What
Your Attorney Can Do For You 411
Criminal
– Flat Fee – Agreement to Provide Legal Service 415
Field
Sobriety Records Request and OPRA Request 419
Request
for Blood/Urine Discovery 423
Letter
re: Recommend Substance Abuse Treatment
& Inpatient 427
Letter
re: Old Records 429
N.J. Municipal Court Law Review, Fall 2014 431
Additional Vercammen Information [See “Vercammen” on CD]
“Articles/Forms/NJ
Municipal Law Review Articles”
Orders/Forms
John Menzel, Esq. 435
Discovery
Order (Alcotest) 435
Discovery
Order (Blood/DRE) 445
Client
Fee Agreement 451
First
Contact With Prospective Clients 453
Client
Interview Form 455
Client
Questionnaire 475
Letter
to Insurance Company 499
Additional
Menzel Material on CD:
Chun material [see
“Menzel/Chun” on CD]
02-13-07 Special Master’s Report
11-08-07 Special Master’s Report
03-17-08 State
v. Chun
09-13-13
M-1538, 1539, 1540
Driving While Refused, Suspended, Revoked
or Prohibited: N.J.S.A.
39:3-40
PowerPoint Presentation
Damian A. Scialabba, Esq. 501
About the Panelists… 511
Audio CD package available New
Jersey Credits: 3.9 General New York Credits: 4 Professional Practice
Pennsylvania Credits: 3 Substantive; $160 Member $200 Non-MemberCDP150714
http://www.njicle.com/category.aspx?catid=5871#9958
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