Tuesday, May 12, 2020

Offense 39:3-40 (f) (1) Driving while license suspended due to conviction for N.J.S.A. 39:6B-2

 Offense 39:3-40 (f) (1) Driving while license suspended due to conviction for N.J.S.A. 39:6B-2 (driving without insurance) penalty
1st Offense
- $1000 fine, and
- driver's license suspension not less than 12 months, nor more than 30 months, and
- may impose imprisonment not more than 90 days.Plus 9 car insurance points and $750 in MVC surcharges per offense

2nd Offense 39:3-40 (f) (1)
- $1250 fine, and
- driver's license suspension of not less than 12 months nor more than 30 months, and
- may impose period of imprisonment of not more than 90 days, and
- if 2nd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for
the period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment
for previous offense. Plus 9 car insurance points and $750 in MVC surcharges per offense

3rd or Subsequent 39:3-40 (f) (1)
Offense- $1500 fine, and
- driver's license suspension of not less than 12 months nor more than 30 months, and
- imprisonment for not less than 10 days, nor more than 90 days, and
- if 3rd offense occurs within 5 years of a conviction for N.J.S.A. 39:3-40, then revocation of all registration certificates for the
period driver's license is suspended (see N.J.S.A. 39:3-40.1), and
- if offense involves a motor vehicle moving violation, then imprisonment for 10 days longer than the term of imprisonment for
previous offense.Plus 9 car insurance points and $750 in MVC surcharges per offense

Friday, May 8, 2020

What is a Civil Reservation in a Municipal Court case?

What is a Civil Reservation in a Municipal Court case?

       If there was an accident with personal injury, the ticketed driver and car owner is going to be sued. Often the lawsuit claims damages in excess of an insurance policy. If the jury award is greater than insurance, they could go after your house and assets.
       If someone pleads guilty to a traffic ticket, the guilty plea is evidence before the jury, unless your attorney files a Motion for a Civil Reservation. If the Judge grants your attorney’s Motion, the guilty plea cannot be considered by the jury in the lawsuit.
       The Motion must be made in open court and on notice to the injured person.   

Motion for Civil Reservation
Rule 7:6-2. Pleas, Plea Agreements

(a) Pleas Allowed, Guilty Plea.

(1) ……. Upon the request of the defendant, the court may, at the time of the acceptance of a guilty plea, order that the plea shall not be evidential in any civil proceeding. If a defendant refuses to plead or stands mute or if the court refuses to accept a guilty plea, the court shall enter a plea of not guilty. If a guilty plea is entered, the court may hear the witnesses in support of the complaint prior to judgment and sentence and after such hearing may, in its discretion, refuse to accept the plea.

Thursday, May 7, 2020

Offense 39:3-40 (i) Driving while license suspended for failure to respond to failure to appear notice or to pay parking judgment

Offense 39:3-40 (i)
Driving while license suspended for failure to respond to failure to appear notice or to pay parking judgment 
1st Offense - maximum $100 fine and court costs

2C:29-3 Hindering apprehension or prosecution

2C:29-3.Hindering Apprehension or Prosecution. a. A person commits an offense if, with purpose to hinder the detention, apprehension, investigation, prosecution, conviction or punishment of another for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes he:

(1)Harbors or conceals the other;

(2)Provides or aids in providing a weapon, money, transportation, disguise or other means of avoiding discovery or apprehension or effecting escape;

(3)Suppresses, by way of concealment or destruction, any evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence, which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;s

(4)Warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law;

(5)Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a charge against him;

(6)Aids such person to protect or expeditiously profit from an advantage derived from such crime; or

(7)Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

An offense under paragraph (5) of subsection a. of this section is a crime of the second degree, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child to the person aided who is the victim of the offense, in which case the offense is a crime of the fourth degree. An offense under paragraph (3) or (7) of subsection a. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against another person would constitute leaving the scene of a motor vehicle accident that results in the death of another person in violation of section 1 of P.L.1997, c.111 (C.2C:11-5.1). Notwithstanding the presumption of non-imprisonment for certain offenders set forth in subsection e. of N.J.S.2C:44-1, the actor shall serve a term of imprisonment, which shall be fixed at not less than one year, during which the actor shall not be eligible for parole. Otherwise, the offense under subsection a. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a crime of the second degree or greater, unless the actor is a spouse, domestic partner, partner in a civil union, parent or child of the person aided, in which case the offense is a crime of the fourth degree.  The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree. Otherwise it is a disorderly persons offense.

b.A person commits an offense if, with purpose to hinder his own detention, apprehension, investigation, prosecution, conviction or punishment for an offense or violation of Title 39 of the Revised Statutes or a violation of chapter 33A of Title 17 of the Revised Statutes, he:

(1)Suppresses, by way of concealment or destruction, any evidence of the crime or tampers with a document or other source of information, regardless of its admissibility in evidence, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

(2)Prevents or obstructs by means of force or intimidation anyone from performing an act which might aid in his discovery or apprehension or in the lodging of a charge against him; or

(3)Prevents or obstructs by means of force, intimidation or deception any witness or informant from providing testimony or information, regardless of its admissibility, which might aid in his discovery or apprehension or in the lodging of a charge against him; or

(4)Gives false information to a law enforcement officer or a civil State investigator assigned to the Office of the Insurance Fraud Prosecutor established by section 32 of P.L.1998, c.21 (C.17:33A-16).

An offense under paragraph (3) of subsection b. of this section is a crime of the second degree.  An offense under paragraph (1) or (4) of subsection b. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute leaving the scene of a motor vehicle accident that results in the death of another person in violation of section 1 of P.L.1997, c.111 (C.2C:11-5.1). Notwithstanding the presumption of non-imprisonment for certain offenders set forth in subsection e. of N.J.S.2C:44-1, the actor shall serve a term of imprisonment which shall be fixed at not less than one year, during which the actor shall not be eligible for parole.

Otherwise, the offense under subsection b. of this section is a crime of the third degree if the conduct which the actor knows has been charged or is liable to be charged against him would constitute a crime of the second degree or greater.  The offense is a crime of the fourth degree if such conduct would constitute a crime of the third degree.  Otherwise it is a disorderly persons offense.

amended 1981, c.290, s.29;1999, c.297; 2008, c.81, s.2; 2015, c.265.

2C:33-4 Harassment -Petty Disorderly person

2C:33-4   Harassment 
-Petty Disorderly person- 30 days jail   maximum
Petty DP $500 max Fine, VCCB and other penalties
And criminal conviction on your record

Except as provided in subsection e., a person commits a petty disorderly persons offense if, with purpose to harass another, he:

a.Makes, or causes to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm;

b.Subjects another to striking, kicking, shoving, or other offensive touching, or threatens to do so; or

c.Engages in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person.

A communication under subsection a. may be deemed to have been made either at the place where it originated or at the place where it was received.

d.(Deleted by amendment, P.L.2001, c.443).

e.A person commits a crime of the fourth degree if, in committing an offense under this section, he was serving a term of imprisonment or was on parole or probation as the result of a conviction of any indictable offense under the laws of this State, any other state or the United States.
 Sometimes an experienced attorney can negotiate with the prosecutor to have the charges reduced to a Municipal Ordinance. Other times for first offenders we can make a motion for the first offenders program, Conditional dismissal. 
New law finally establishes a Conditional Dismissal Program in Municipal Court.Ken Vercammen testified in favor of the passage before the Assembly Judiciary Committee.
The Conditional Dismissal program in Municipal Court for certain first-time offenders permits defense counsel to make a Motion that the charge would be dismissed at the end of a one year probationary period.
“This initiative will give a broader range of first-time offenders who have committed a minor offense an opportunity to turn their lives around,”  “The program will help foster participants’ rehabilitation and future success by giving them appropriate penalties without having the offense be a part of their permanent criminal record.” This law also helps Police and Prosecutors since it requires a guilty plea, thus reducing the need for trials and officer testimony.
The law allows future Dismissal for many non-drug offenses, such as disorderly person’s offenses, which have not been able to participate in similar programs before.
“First-time offenders who are screened to meet the eligibility requirements will be able to use the program to avoid having a record that cannot be expunged until years after the sentence is served 

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500

Sunday, April 12, 2020

E584 1 What gives the Governor the power to close stores? 2. Sign a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE now 3. When Municipal courts re open, Municipal Court Defense by Certification Rule 7:12-3 relaxed andincreases ability for attorney to appear on your behalf without you going to court.

E584
1 What gives the Governor the power to close stores?
2. Sign a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE now
3. When Municipal courts re open, Municipal Court Defense by Certification Rule 7:12-3 relaxed andincreases ability for attorney to appear on your behalf without you going to court.  

1. I was wondering what gives the Governor authority to do anything without Senate approval.
I researched What gives the Governor the power to close stores, gyms, bars, VFW, Elks club, cancel weddings, running events, etc and impose restrictions in Executive Order 103. Well, he does have the power in an emergency.
   Here are some of the statutes that were invoked:

Disaster Control Act

App.A:9-33 .  


2. Sign a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE now

In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself. 
You will provide instructions concerning your health care preferences and wishes to your health care representative and others who will be entrusted with responsibility for your care, such as your physician, family members and friends. 
All States have declared that competent adults have the fundamental right in collaboration with their health care providers, to control decisions about their own health care. States recognize in their law and public policy, the personal right of the individual patient to make voluntary, informed choices to accept, to reject or to choose among alternative courses of medical and surgical treatment.
WHY LIVING WILLS AND ADVANCE DIRECTIVE
Modern advances in science and medicine have made possible the prolongation of the lives of many seriously ill individuals, without always offering realistic prospects for improvement or cure. For some individuals the possibility of extended life is experienced as meaningful and of benefit. For others, artificial prolongation of life may seem to provide nothing medically necessary or beneficial, serving only to extend suffering and prolong the dying process. States recognize the inherent dignity and value of human life and within this context recognize the fundamental right of individuals to make health care decisions to have life-prolonging medical or surgical means or procedures provided, withheld, or withdrawn.
States recognize the right of competent adults to plan ahead for health care decisions through the execution of advance directives, such as Living Wills and durable powers of attorney, and to have their wishes respected, subject to certain limitations.
PURPOSE OF LIVING WILLS AND ADVANCE DIRECTIVE
In order to assure respect for patients previously expressed wishes when the capacity to participate actively in decision making has been lost or impaired; to facilitate and encourage a sound decision making process in which patients, health care representatives, families, physicians, and other health care professionals are active participants; to properly consider patients interests both in self-determination and in well-being; and to provide necessary and appropriate safeguards concerning the termination of life-sustaining treatment for incompetent patients as the law and public policy of this State, the Legislatures have enacted Living Will/ Advance Directives for Health Care Acts. Source ABA’s book “Wills and Estate Administration”

ADVANCE DIRECTIVE
1.  Can my healthcare representative make decisions for me if I am still able to make my own decisions? Answer: No, your healthcare representative can only make decisions for you if your physician has evaluated you and determined that you are unable to understand your diagnosis, treatment options or the possible benefits and harms of the treatment options.
2.  Can having an advance directive affect my life insurance, health insurance or the benefits I receive from a governmental benefits program?Answer: No. 
3.  Can my life insurance company, health insurance company, physician, hospital, nursing home or any other healthcare facility require me to have an advance directive?Answer: No. 
4.  Does New Jersey recognize an advance directive that is valid in another state?Answer: Yes. 
5.  What is the definition of "life-sustaining treatment"?Answer: Life sustaining treatment is any medical device or procedure that increases your life expectancy by restoring or taking over a vital bodily function. The medical device or procedure can be a drug, ventilator (breathing machine), surgery, therapy or artificially provided fluids and nutrition. 
6.  What is the definition of “permanently unconscious"?
Answer: Permanently unconscious means you have permanently lost the ability to interact with your environment and are completely unaware of your surroundings. 
7.  What is the definition of "terminal condition"?Answer: Terminal condition means the final stage of a fatal illness, disease or condition. To be in a terminal condition you do not have to be diagnosed as having less than a certain amount of time to live (e.g., six months or less).
8.  What happens if I regain the ability to make my own decisions?Answer: In that case, your physician must obtain your consent for all treatment. Once you have the ability to make healthcare decisions your healthcare representative will no longer have the authority to make decisions for you. 
9.  Who should have a copy of my advance directive?
Answer: You should give a copy to your primary healthcare representative, alternate healthcare representative(s), family members and physicians. If you are treated at a hospital or enter a nursing home you should also provide a copy when you are admitted.

EMAIL Kenneth Vercammen if you want us to prepare your documents.
More at 
http://www.njlaws.com/health_care_surrogate.html?id=2605

3. When Municipal courts re open, Municipal Court Defense by Certification Rule 7:12-3 relaxed and increases ability for attorney to appear on your behalf without you going to court.  Rule Relaxed to Remove Undue Hardship Requirement, effective March 16, 2020 without you going to court   
  Defense by Affidavit or Certification Program - We Go to Court if you don't want to go in Metuchen, Edison, East Brunswick, Woodbridge, North Brunswick, South Brunswick, Milltown
DEFENSE BY AFFIDAVIT OR CERTIFICATION PROGRAM - WE GO TO COURT IF YOU LIVE OUT OF AREA OR CANNOT APPEAR FOR COURT
The SUPREME COURT OF NEW JERSEY Order states in part
      In response to the growing public health crisis worldwide and in this state involving the COVID-19 coronavirus, the New Jersey Judiciary is implementing all possible measures to apply social distancing in current court operations consistent with the recommendations of the New Jersey Department of Health and the Centers for Disease Control. 
      Accordingly, it is ORDERED, pursuant to N.J. Const., Art. VI, sec. 2, par. 3, thateffective immediately and until further order, the provisions of Rule 7:6-3 and Rule 7:12-3 of the Rules Governing the Courts of the State of New Jersey are supplemented and relaxed so as to remove the "undue hardship" requirement….
        Therefore, we can go to court for you while you stay home. 
        Our office helps people with traffic/ municipal court tickets. We provide representation on most Central New Jersey traffic cases. Motor vehicle violations and criminal charges can cost you. If you plead guilty by mail for almost all traffic tickets, in addition to fines you will later receive points on your driver’s license. Both the DMV and your car insurance company will impose surcharges and eligibility points for three years.
        If you live out of New Jersey or will be traveling outside of New Jersey, contact our Law Office regarding us providing representation under the Defense by Certification Rule.
        Under the New Jersey Court Rules, a New Jersey Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points, obtain dismissal of some tickets and provide other assistance. By reducing points and penalties you can reduce increases in your car insurance and surcharges.
        An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. Division of Motor Vehicles or have your license suspended. Don't give up! We can appear in court for you on most Central New Jersey traffic violations.
       Email us immediately if you need experienced legal representation in a traffic/municipal court matter. Kenneth Vercammen, Esq. Former Prosecutor for the Cranbury Municipal Court from 1991-1999, and Author Municipal Court Winning Strategies.

I re-read The Success Principles(TM) - 10th Anniversary Edition: How to Get from Where You Are to Where You Want to Be Paperback –2015 by Jack Canfield


Also on YouTube, listen to some of the free videos:


Description: Macintosh HD:Users:kennethvercammen:Desktop:1  Kmac:zz Photo:Jack Canfield and Ken Vercammen ABA Author at Charleston Leadership conference.JPG




Jack Canfield and Ken Vercammen ABA Author at Charleston Leadership conference

   I am currently reading the digital version of Jack Canfield’s other book POWER OF FOCUS. I prefer the actual paper books, but bookstores and libraries closed.

 

Reminder Kenneth Vercammen’s Law Office new Will preparation online with follow up consults online and without having to travel to law office.

   To assist potential clients and seniors we now offer consults and document preparation remotely. We are concerned about your health and wellbeing.
1. For Wills, Power of Attorney, Living Wills, Deeds, Expungements please emailVercammenlaw@njlaws.com. We will email the interview form.

2. Type response/ Fill in details., email completed Will Questionnaire back. For Wills 
Please type up & fill out completely and email to vercammenlaw@njlaws.com..  Typing name and details is required. Save as word doc or text, not pdf. This form is extremely important. Your accuracy and completeness in responding will help us best help you. All sections and information must be filled out prior to discussing with the attorney. Cannot be handwritten since we cannot cut and paste into the forms.

3. Ken V will call to discuss after typed interview form received.

4. After persons by credit card online or payment confirmed from PayPal, legal plan or Barter Depot, we will draft documents and email to you.
5. Ken V will call to answer further questions
6. Sign documents in front of notary and two witnesses[ spouse ok as witness]. Signing instructions provided. UPS stores continue to be open and have notaries.
    Stay safe but still get your important documents done. We strongly recommend all adults have a Power of Attorney prepared in the event they are temporarily incapacitated or hospitalized. We do require interview forms be completed in full and emailed back so we can provide accurate advice. The doctor’s office similarly has patients fill out details prior to the consult. We also recommend signing a Living Will with COMBINED ADVANCE DIRECTIVE FOR HEALTH CARE  Sign a Living Will with Power of Attorney for Health Care   In signing your Living Will, you will designate an individual you trust to act as your legally recognized health care representative to make health care decisions for you in the event you are unable to make decisions for yourself.

 

Spring 2020 Municipal Court cases

 Spring 2020 Municipal Court cases
1. No more phony stop for license plate holder partially obstructing Garden State name State v Roman- Rosado
2. Elimination of mandatory DL suspensions related to drugs and other offenses
3. Loss of license for the CDS in Motor Vehicle 39:4-49.1 eliminated   
4. No Insurance 39:6B-2  Mandatory suspension on no insurance eliminated
5. Repealed Driver’s license suspension for Failure to appear for disorderly persons offense
6. Driver’s license suspension for Failure to comply with installment order Repealed
7. Court claims parked car with engine running is operation. Attorney seeks Supreme court reversal
State v. Thompson
8. Roadside statements inadmissible where roadside stop was improper State v. Alessi
9. Order – Limited Relaxation of Prohibition on Plea Bargaining in Municipal Court DWI Cases Implicated by State v. Cassidy 
10. Annual Happy Hour & Networking Social July 10, 2020
11 photo Expungement seminar

1. No more phony stop for license plate holder partially obstructing Garden State words State v Roman- RosadoA-3703-17T4
Following the stop of defendant's car for allegedly violating N.J.S.A. 39:3-33 because the license plate frame on the car's rear license plate "concealed or otherwise obscured" the words "Garden State" at the bottom of the license plate, a warrantless search of the car uncovered an unloaded handgun. The trial court denied defendant's motion to suppress the search and seizure of the handgun, and defendant subsequently pled guilty to second-degree certain persons not to possess a weapon, N.J.S.A. 2C:39-7(b)(1).
In defendant's appeal, the court was asked to decide: (1) whether there was reasonable suspicion to stop defendant's car for violating N.J.S.A. 39:3-33; and (2) whether the subsequent search and seizure of the handgun was legally permissible.
Based upon the common understanding of the words "conceal" and "obscure," this court concludes there was no reasonable suspicion to stop defendant's car for violating N.J.S.A. 39:3-33 where the minimal covering of "Garden State" did not make the words indecipherable. Hence, the seized gun was inadmissible to prove a second-degree certain persons offense.
For the sake of completeness, the court further decides that even if there was reasonable suspicion to stop defendant's car for a N.J.S.A. 39:3-33 violation, the subsequent search was not legally permissible because it did not satisfy the State's proffered exceptions to conduct a warrantless search of an automobile, i.e., a search incident to arrest, or a protective sweep.
Accordingly, the court reverses and vacates the conviction for second-degree certain persons not to possess weapons, and remands so defendant can move to vacate his guilty plea and have the judgment of conviction vacated pursuant to Rule 3:9-3(f).
2. Elimination of mandatory DL suspensions related to drugs and other offenses
On December 20, 2019, Governor Murphy signed S1080 into law as L. 2019, c. 276. Two provisions of this new law, namely Section 12 and subsection b. of Section 20, took effect on December 27, 2019. The remainder of this new law will take effect on January 1, 2021. 
Section 12 and subsection b. of Section 20, took effect on December 27, 2019 when the Governor submitted a certification to the Secretary of Transportation expressing his opposition to the enactment or enforcement of a law requiring driver’s license suspension for drug offenses as set forth in 23 U.S.C. § 159(a)(3)(A).
 Section 12 amended N.J.S.A. 39:4-49.1 to eliminate the suspension, revocation or postponement of driving privileges for a person who operates a motor vehicle on a highway while knowingly having in the person’s possession or in the motor vehicle any controlled dangerous substance or prescription drug without a valid prescription. Regarding the fine, this section excludes those persons who violate the provisions of N.J.S.A. 2C:35-10 (Possession, use or being under the influence, or failure to make a lawful disposition) 
Also effective on December 27, 2019 is subsection b. of Section 20, which repealed N.J.S.A. 2C:35-16 and 39:5-30.13. New Jersey Statute 39:5-30.13 allowed for the suspension or postponement of driving privileges for persons convicted of or adjudicated delinquent for a drug offense in State court, federal court, or the District of Columbia. This law has been repealed. 
Also repealed effective December 27, 2019 is N.J.S.A. 2C:35-16 which provides for the forfeiture or postponement of driving privileges of anyone convicted of or adjudicated delinquent for an offense under Chapters 35 or 36 of Title 2C as well as the suspension, revocation or postponement of driving privileges for those persons admitted to supervisory treatment, i.e., conditional discharge under N.J.S.A. 2C:36A-1, or pretrial intervention under N.J.S.A. 2C:43-12, without a plea of guilty or finding of guilt. DL suspension for Conditional Discharge eliminated.

repealed 2C:35-16 - Forfeiture or postponement of driving privileges for conviction for a person convicted of or adjudicated delinquent for a violation of any offense defined in chapter  35 Drugs or chapter 36 Paraphernalia

3. Loss of license for the CDS in Motor Vehicle 39:4-49.1 eliminated   The legislature did away with loss of license for the CDS in motor vehicle 39:4-49.1.  New:A person shall not operate a motor vehicle on any highway while knowingly having in the person's possession or in the motor vehicle any controlled dangerous substance as classified in Schedules I, II, III, IV and V of the “New Jersey Controlled Dangerous Substances Act,” P.L.1970, c. 226 (C.24:21-1 et seq.) or any prescription legend drug, unless the person has obtained the substance or drug from, or on a valid written prescription of, a duly licensed physician, veterinarian, dentist, or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in humans or animals or unless the person possesses a controlled dangerous substance pursuant to a lawful order of a practitioner or lawfully possesses a Schedule V substance.
A person who violates this section, except a person who violates the provisions of N.J.S.2C:35-10, shall be fined not less than $50.


4. No Insurance 39:6B-2  Mandatory suspension on no insurance eliminated
33:1-81 Misrepresenting age to induce sale or delivery to minor; disorderly person –No more mandatory DL suspension
39:4-56.5 Abandonment of motor vehicle revised 2019- No more DL suspension 

5. Repealed Driver’s license suspension for Failure to appear for 
disorderly persons offense,a petty disorderly persons offense, a violation of a municipal ordinance, or a violation of any other law of this State N.J.S.2B:12-31

Repealed 2A:4A-43.3.Suspension, postponement of right to operate motor vehicle [was with 2A:4A-43) for an initial act of graffiti ] section 6 of P.L.1995, c.251 (C.2A:4A-43.3);

Repealed 2C:33-3.1 Penalties for juvenile violating N.J.S.2C:33-3.False public alarms. No more Driver license suspension section 2 of P.L.1999, c.195 (C.2C:33-3.1);


6. Driver’s license suspension for Failure to comply with installment order Repealed 39:4-203.2.

39:5-30.13. repealed Suspension, revocation, postponement of driving privilege for persons convicted of certain drug offenses in any federal court or other states

39:4-56.5 Abandonment of motor vehicle revised 2019
No more DL suspension 

7. Court claims parked car with engine running is operation. Attorney seeks Supreme court reversal
State v. Thompson
    In this appeal, the court held that an intoxicated defendant asleep and behind the wheel of a parked motor vehicle with its engine running is "operating" the vehicle within the meaning of N.J.S.A. 39:4-50(a).Docket A-1909-19T6  

     Defendant appealed from his convictions for DUI and refusing to submit to a breath test. Defendant argued that the state failed to present sufficient evidence to prove the statutory element that defendant was "operating" his vehicle under the influence of alcohol or that he had a conscious intent to do so. The court rejected defendant's argument and affirmed his conviction. The court noted that the evidence at trial showed that police were called to a convenience store where defendant was observed sleeping in his car with the engine running. As officers woke defendant, they noticed the strong odor of alcohol on his breath. Defendant acknowledged to officers that he had "a couple of drinks." After failing field sobriety tests, defendant was arrested. At the police station, defendant acknowledged that he had prescriptions for methadone, hydrocodone, Xanax, and Cymbalta and that he had consumed two alcoholic drinks within a three hours period. The court held that this evidence was sufficient for the factfinder to concluded that defendant was intoxicated while sleeping behind the wheel of his vehicle. The court ruled that defendant was "operating" his vehicle since operation of a motor vehicle could include sitting or sleeping behind the wheel of a vehicle with the engine running, even if the vehicle is not observed in motion. Finally, the court found defendant's other contentions on appeal to have insufficient merit to warrant discussion. 
     Source Daily Briefing, an exclusive New Jersey State Bar Association member benefit, in partnership with the New Jersey Law Journal. Join the NJSBA for this benefit!
https://www.law.com/njlawjournal/almID/1581570609NJA190919T/

8. Roadside statements inadmissible where roadside stop was improper State v. Alessi
The circumstances of this case do not legitimize the stop. Law enforcement must have reasonable and articulable suspicion of a traffic violation, the commission of a crime, or unlawful activity before executing a traffic stop. Accordingly, the roadside statement given by defendant during the unlawful stop should have been excluded at trial, and the Court affirms the Appellate Division’s reversal of her convictions for hindering apprehension and false reporting. Because defendant’s roadside statement permeated the trial, severely affecting her credibility and ability to mount a defense to the separate burglary charge, that conviction is reversed as well. 14-1-3686 

9. Order – Limited Relaxation of Prohibition on Plea Bargaining in Municipal Court DWI Cases Implicated by State v. Cassidy 
 SUPREME COURT OF NEW JERSEY  
Pursuant to N.J. Const. Art. VI., sec. 2 par. 3, it is ORDERED that, effective immediately and until further order, the "Guidelines for Operation of Plea Agreements in the Municipal Courts of New Jersey," which is an Appendix to Part VII of the Rules Governing the Courts of the State of New Jersey, are supplemented and relaxed so as to permit plea agreements in post-conviction relief cases affected by the Supreme Court decision in State v. Eileen Cassidy235 N.J. 482 (2018)
This limited rule relaxation applies only to post-conviction relief proceedings in which evidential breath samples from defendants in driving while intoxicated (DWI) cases were procured using Alcotest machines calibrated without using a NIST-traceable thermometer, namely, the approximately 13,000 cases that involve findings of guilteither by trial or by plea, referred to in the Court's January 292019 order that designated a Special Master to make judicial and administrative decisions in matters affected by the Court's decision in Cassidy. 
In all other aspects, including for all cases not affected by the Court's decision in Cassidy, the "Guidelines for Operation of Plea Agreements in the Municipal Courts of New Jerseyremain in full force and effect. December 18, 2019 

10. Annual Happy Hour & Networking Social July 10, 2020 Co- sponsors requested
       Co-sponsored by NJ State Bar Association Sections & several Chambers of Commerce 
   For the past five years different Professional groups and Sections of the NJ State Bar Association have co-sponsored a Happy Hour and Social event for attorneys and business professionals. The Annual Summer Networking Happy Hour is July  10, 2020 at Bar Anticipation from 5:30-7:30. 
            We are requesting professional groups serve as co-sponsor for this Happy Hour.  There will be no cost to a professional group, and great benefit for your members.  It may even be a source of new members.  We only ask that you help publicize the event.  There will be a small table to greet members. 
Location: Bar Anticipation  
703 16th Avenue
Lake Como/ Belmar, NJ 07719 
Free food 5:15-7:15. The reduced price Happy Hour is 6-7PM with $2.00 House Drink, House Wine Special or Bud/Bud Light draft. We provide special VIP wristband.
     We ask each attendee to bring a canned food donation for the St. Matthews St. Vincent Food Bank.  

11 New trial ordered where police did not give full Miranda warning

State v Hager 
     The court considered whether the omission of one of the Miranda warnings during custodial interrogation adequately conveys the substance of the warnings and concluded it did not, notwithstanding the fact that defendant continuously interrupted the administration of the warnings. Acknowledging out-of-state authority holding that a suspect may waive Miranda warnings by interrupting their delivery, the court concluded that the suspect's interruption of the warnings does not discharge law enforcement of their duty to deliver them. Finding that the erroneous introduction of the partially unwarned statements was not harmless error, the court reversed defendant's conviction, which followed a bifurcated jury trial, and vacated his guilty plea on the weapons offense. Relying on United States v. Pagane, 542 U.S. 630 (2004), however, the court rejected defendant's contention that suppression of the weapon was mandated as a remedy for the Miranda violation despite the fact that the weapon was seized as a result of a search warrant based on the statements. (14-07-0678)

Allan Marain Esq. and Ken Vercammen speakers at Expungement seminar
Expungements to remove criminal arrests continue to be processed. The new Expungement law is starting in June 2020.
add if space
Mr. Marain notes on his website: Are you applying to nursing school? Would you like to be a teacher? Drive a school bus? Be a school crossing guard? Are you seeking a New Jersey firearms identification card? Perhaps you want to adopt a child or be a foster parent, or coach a Little League® baseball team. Maybe you're looking for a job in securities, or at Home Depot. Maybe you're just looking for a job, period. Any job. Were you ever charged with shoplifting? Or busted over a little weed?  Are any felony convictions, or even just arrests, on your record?

N.J. Municipal Court - Law Review SUBSCRIPTION INFO

      Please forward a check or voucher for $20.00 to receive the NJ Municipal Court Law Review.  This quarterly newsletter reports changes in New Jersey Court decisions, selected revised motor vehicle and criminal laws, cases, seminars, and information on Municipal Court practice.

      Vouchers accepted. Please send a stamped, self-addressed envelope for their return.  Multiple subscriptions encouraged.

      Please must send a $20.00 check payable to Vercammen & Associates, PC. 

Name:    ______________________________________
(or staple business card here)
Address:______________________________________
            
We also need your email address ________________________ 
Return to:
Kenneth A. Vercammen, Esq.,    
                Editor- NJ Municipal Court Law Review   
                2053 Woodbridge Ave.
                Edison, NJ 08817
                732-572-0500
               Tax ID # available

Criminal Articles from NJLaws Website and BeNotGuilty.com website

Criminal Law- Recent Cases

Cut & paste all reported and sometimes unreported criminal case squibs from NJ Judiciary.

Criminal Statutes and Criminal Jury Charges 

Drug & DWI Law 


Motor Vehicle Articles and NJ Title 39 Motor Vehicle laws http://njmotorvehicle.blogspot.com/

Municipal Court and Police Phone number and Directions 


New NJ Statutes , Recent cases and Court Rules


Traffic Law & Municipal Court- Articles from BeNotGuilty.com 


Defending DWI and Drug Possession (2020) Bound book
List Price: $59.00 USD
NJ State Bar’s new book
Written by: Kenneth A. Vercammen

     This informative handbook will provide you with guidance on how to handle everything pertaining to the drug and DWI defense - from the initial contact with the client, to walking into the courthouse, and managing the steps that follow. It is a “how to” manual that you and your staff can follow with checklists and forms.
This book is intended to help solo/small-firm attorneys and newly admitted attorneys prepare to handle these cases and to better represent their clients. This handbook will help attorneys represent persons charged with DWI, drug, and other criminal and traffic offenses.
Special Feature: Over 50 modifiable forms and motions
Over 50 forms and motions are included to help make you (and your staff) more efficient and productive, while also reducing the chance for mistakes.

Bonus!Also includes a section on marketing the DWI and drug defense practice.

Table of Contents:1 Pre-Interview
2 Office Interview and Preparing Notices to the Court and Prosecutor
3 Pretrial Motions
4 Trial Preparation
5 Trial
6 Sentencing and Post Trial
7 Supreme Court Caselaw and Federal Statutes
8 Marketing the DWI and Drug Defense Practice 
Book # 1177719   New Jersey Institute for Continuing Legal Education  A Division of the NJSBA One Constitution Square, New Brunswick, NJ 08901 (732) 214-8500 · CustomerService@njsba.com