Top 20 Municipal Court Cases and Criminal cases in the past year the Foundation of the Municipal Court Attorney’s Arsenal

Top 20 Municipal Court Cases and Criminal cases in the past year

  the Foundation of the Municipal Court Attorney’s Arsenal

   

Wednesday, December 12, 2018 Noon-1:40pm

NJ Bar NJICLE webinar

Featuring:

Kenneth A. Vercammen, Esq.

Certified by the Supreme Court of New Jersey as a Municipal Court Law Attorney

Past Chair, NJSBA Municipal Court Practice Section

Past NJSBA Municipal Court Practitioner of the Year

Francis M. Womack, III, Esq.

Municipal Court Prosecutor Edison, Piscataway and Sayreville, Carteret

Law Offices of Francis M. Womack (Iselin)

Mayor- North Brunswick

David R. Spevack, Esq.

Municipal Court Prosecutor Edison and Woodbridge, Carteret

 Governor Murphy  Transition Team representative from Hispanic Bar Association

Donovan Bezer, Esq.

Municipal Court Prosecutor Metuchen, Jersey City

Chirag Mehta, Esq.

Municipal Court Prosecutor Irvington, Alternate Prosecutor Edison, North Brunswick and Morris Plains

                  

Do you know that there were over twentyNew Jersey decisions in 2018 alone that should be at your fingertips when you enter a Municipal Court in New Jersey? 

These cases deal with major issues confronting municipal court law practitioners in this state. Without a complete understanding of what these cases involve, you could be at a serious disadvantage when you bring your next municipal court matter to court. Don’t miss this opportunity to benefit from the expertise and experience of five of the state’s leading municipal court law practitioners as they analyze this year’s leading municipal court law cases.

Join us for a convenient luncheon webinar and become familiar with the newest key municipal court law cases that should be part of your legal arsenal, whether you are a municipal court prosecutor or defense attorney. 

·     Search and seizure

·     Assault

·     Disorderly person offenses

·     Domestic violence

·     DWI

o  Alcotest

o  Refusal

o  Blood test

o  Repeat offender

      …and more

https://tcms.njsba.com/PersonifyEbusiness/Default.aspx?TabID=1699&productId=31995522

https://www.facebook.com/events/630212247374687/

Discussion to include cases involving:

Top Municipal Court and Traffic Cases

• Municipal Court can stay DL suspension after DWI if appeal    State v. Robertson 228 NJ 138 (2017)

• School Zone map admissible if properly authenticated State v. Wilson     NJ 34 (2017)

• Defendant’s furtive movement after car stop justified removal of    Passenger State v. Bacome

• Not criminal harassment to publish rude flyers State v. Burkert 231    N.J. 257 (2017)

• Plain feel of bulge of rock cocaine permitted search    State v Evans __ NJ ____ (2018)

• Ordinary police video not subject to OPRA Paff v. Ocean County   Prosecutor’s Office

• Dash cam video in fatal shooting public record    North Jersey Media Group, Inc. v. Township of Lyndhurst

• Here if DWI plea vacated with PCR, no criminal DWS State v Faison    (App. Div 2017)

• DNA on towel not admissible without proper foundation and chain of    custody State v Mauti 208 NJ 519 (2017)

• No good faith exception for errors in search warrant of apartment     State v Boone __ NJ __ (2017)

• Mandatory DNA samples in serious Municipal court criminal

• New Criminal rules effective Jan 1, 2017    No more cash bail. Everyone with a Warrant gets to spend at least one    night in jail !!!

• Updated Expungement Law changes procedures for expunging    criminal records signed in 2017 taking effective October 1, 2018

• Warrantless blood draw permitted in fatal accident based on    exigency. State v. Zalcberg 232 N.J. 335 (2018).

• Police could not stop for only one broken taillight    State v. Sutherland 231 NJ 429 (2018)

• Hearsay is generally admissible in a VOP hearing    State v. Mosley (App. Div. 2018)

• Police have duty to preserve video and evidence    State v Richardson 452 N.J. Super 124 (App. Div. 2017)

• Evidence suppressed where no valid inventory search. State v.    Hummel 232 N.J. 196 (2018).

• Driver’s failure to provide registration here permitted limited search.     State v. Terry 232 N.J. 218 (2018).

• Consent to search voluntarily given here. State v. Hagans 233 N.J. 30    (2018).

• No weekend jail for third offender DWIs, must serve straight time    State v. Anicama

• Driver can be charged with criminal driving while suspended if they    had prior refusal and prior DWI State v Dougherty

• Later obtained search warrant does not correct prior illegal    warrantless search. State v. Atwood 232 N.J. 433 (2018).

39 :4-51b. Prohibition of possession of open, unsealed alcoholic beverage container, circumstances

39 :4-51b.  Prohibition of possession of open, unsealed alcoholic beverage container, circumstances

   6. a. All occupants of a motor vehicle located on a public highway, or the right-of-way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container.  This subsection shall not apply to a passenger of a charter or special bus operated as defined under R.S.48:4-1 or a limousine service. 

   b.   A person shall not be deemed to be in possession of an opened or unsealed alcoholic beverage container pursuant to this section if such container is located in the trunk of a motor vehicle, behind the last upright seat in a trunkless vehicle, or in the living quarters of a motor home or house trailer.  For the purposes of this section, the term "open or  unsealed" shall mean a container with its original seal broken or a container such as a glass or cup

   c.   For a first offense, a person convicted of violating this section shall be fined $200 and shall be informed by the court of the penalties for a second or subsequent violation of this section.  For a second or subsequent offense, a person convicted of violating this section shall be fined $250 or shall be ordered by the court to perform community service for a period of 10 days in such form and on such terms as the court shall deem appropriate under the circumstances.

There is no driver's license suspension on this statute so it is not cost effective to hire an attorney for a trial.

2C:12-2B(1) - Reckless Endangering - Golf Ball

2C:12-2. 

a. A person who purposely or knowingly does any act, including putting up a false light, which results in the loss or destruction of a vessel commits a crime of the third degree. 

b.A person commits a crime of the fourth degree if he: (1)Manufactures or sells a golf ball containing acid or corrosive fluid substance; or (2)Purposely or knowingly offers, gives or entices any person to take or accept any treat, candy, gift, food, drink or other substance that is intended to be consumed which is poisonous, intoxicating, anesthetizing, tranquilizing, disorienting, deleterious or harmful to the health or welfare of such person, without the knowledge of the other person as to the identity and effect of the substance, except that it is a crime of the third degree if the actor violates the provisions of this paragraph with the purpose to commit or facilitate the commission of another criminal offense. Notwithstanding the term of imprisonment provided under N.J.S. 2C:43-6, and the provisions of subsection e. of N.J.S.2C:44-1, if a person is convicted of a crime of the fourth degree under paragraph (2) of this subsection, the sentence imposed shall include a fixed minimum sentence of not less than six months during which the defendant shall not be eligible for parole. If a person is convicted of a crime of the third degree under paragraph (2) of this subsection, the sentence imposed shall include a fixed minimum sentence of not less than eighteen months during which the defendant shall not be eligible for parole. The court may not suspend or make any other noncustodial disposition of that person. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under this subsection shall not merge with a conviction for any offense that the defendant intended to commit or facilitate, when the defendant violated the provisions of this section, nor shall any such other conviction merge with a conviction under this section. Notwithstanding the provisions of N.J.S.2C:44-5 or any other provision of law, the sentence for a crime of the third degree imposed pursuant to this paragraph shall be ordered to be served consecutively to that imposed for a conviction of the offense that the defendant intended to commit or facilitate when the defendant violated the provisions of this subsection.

2C:12-2A Reckless Endangering-Vessel

2C:12-2. a. A person who purposely or knowingly does any act, including putting up a false light, which results in the loss or destruction of a vessel commits a crime of the third degree. b.A person commits a crime of the fourth degree if he: (1)Manufactures or sells a golf ball containing acid or corrosive fluid substance; or (2)Purposely or knowingly offers, gives or entices any person to take or accept any treat, candy, gift, food, drink or other substance that is intended to be consumed which is poisonous, intoxicating, anesthetizing, tranquilizing, disorienting, deleterious or harmful to the health or welfare of such person, without the knowledge of the other person as to the identity and effect of the substance, except that it is a crime of the third degree if the actor violates the provisions of this paragraph with the purpose to commit or facilitate the commission of another criminal offense. Notwithstanding the term of imprisonment provided under N.J.S. 2C:43-6, and the provisions of subsection e. of N.J.S.2C:44-1, if a person is convicted of a crime of the fourth degree under paragraph (2) of this subsection, the sentence imposed shall include a fixed minimum sentence of not less than six months during which the defendant shall not be eligible for parole. If a person is convicted of a crime of the third degree under paragraph (2) of this subsection, the sentence imposed shall include a fixed minimum sentence of not less than eighteen months during which the defendant shall not be eligible for parole. The court may not suspend or make any other noncustodial disposition of that person. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under this subsection shall not merge with a conviction for any offense that the defendant intended to commit or facilitate, when the defendant violated the provisions of this section, nor shall any such other conviction merge with a conviction under this section. Notwithstanding the provisions of N.J.S.2C:44-5 or any other provision of law, the sentence for a crime of the third degree imposed pursuant to this paragraph shall be ordered to be served consecutively to that imposed for a conviction of the offense that the defendant intended to commit or facilitate when the defendant violated the provisions of this subsection.

2C:12-2 - Recklessly Endangering

2C:12-2 Reckless endangerment. 2C:12-2. a. A person who purposely or knowingly does any act, including putting up a false light, which results in the loss or destruction of a vessel commits a crime of the third degree. b.A person commits a crime of the fourth degree if he: (1)Manufactures or sells a golf ball containing acid or corrosive fluid substance; or (2)Purposely or knowingly offers, gives or entices any person to take or accept any treat, candy, gift, food, drink or other substance that is intended to be consumed which is poisonous, intoxicating, anesthetizing, tranquilizing, disorienting, deleterious or harmful to the health or welfare of such person, without the knowledge of the other person as to the identity and effect of the substance, except that it is a crime of the third degree if the actor violates the provisions of this paragraph with the purpose to commit or facilitate the commission of another criminal offense. Notwithstanding the term of imprisonment provided under N.J.S. 2C:43-6, and the provisions of subsection e. of N.J.S.2C:44-1, if a person is convicted of a crime of the fourth degree under paragraph (2) of this subsection, the sentence imposed shall include a fixed minimum sentence of not less than six months during which the defendant shall not be eligible for parole. If a person is convicted of a crime of the third degree under paragraph (2) of this subsection, the sentence imposed shall include a fixed minimum sentence of not less than eighteen months during which the defendant shall not be eligible for parole. The court may not suspend or make any other noncustodial disposition of that person. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provision of law, a conviction arising under this subsection shall not merge with a conviction for any offense that the defendant intended to commit or facilitate, when the defendant violated the provisions of this section, nor shall any such other conviction merge with a conviction under this section. Notwithstanding the provisions of N.J.S.2C:44-5 or any other provision of law, the sentence for a crime of the third degree imposed pursuant to this paragraph shall be ordered to be served consecutively to that imposed for a conviction of the offense that the defendant intended to commit or facilitate when the defendant violated the provisions of this subsection.

2C:12-1F - Simple Assult At Youth Sporting Event

f.   A person who commits a simple assault as defined in paragraph (1), (2) or (3) of subsection a. of this section in the presence of a child under 16 years of age at a school or community sponsored youth sports event is guilty of a crime of the fourth degree.  The defendant shall be strictly liable upon proof that the offense occurred, in fact, in the presence of a child under 16 years of age.  It shall not be a defense that the defendant did not know that the child was present or reasonably believed that the child was 16 years of age or older.  The provisions of this subsection shall not be construed to create any liability on the part of a participant in a youth sports event or to abrogate any immunity or defense available to a participant in a youth sports event.  As used in this act, "school or community sponsored youth sports event" means a competition, practice or instructional event involving one or more interscholastic sports teams or youth sports teams organized pursuant to a nonprofit or similar charter or which are member teams in a youth league organized by or affiliated with a county or municipal recreation department and shall not include collegiate, semi-professional or professional sporting events.

2C:12-1D - Assult On Elderly Person

d.   A person who is employed by a facility as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) who commits a simple assault as defined in paragraph (1) or (2) of subsection a. of this section upon an institutionalized elderly person as defined in section 2 of P.L.1977, c.239 (C.52:27G-2) is guilty of a crime of the fourth degree.

2C:12-1C(3)(A) - Assault by MV/Vessel DWI Causing SBI - School Property

 c. (1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another.  Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results. Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle in violation of section 1 of P.L.2003, c.310 (C.39:4-97.3) may give rise to an inference that the defendant was driving recklessly.

   (2)   Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and bodily injury results.

   (3) Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:

   (a) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

   (b) driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

   (c) driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

   Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.

2C:12-1C(3) - Assault by Auto/Vessel DWI CAU

1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.

(2)Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and bodily injury results.

(3)Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:

(a)on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;

(b)driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or

(c)driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.

A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L. 1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of paragraph (3) of this section.

It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.

As used in this section, "vessel" means a means of conveyance for travel on water and propelled otherwise than by muscular power.

2C:12-1C(2)- Assault by Auto/Vessel in Viol

(1) A person is guilty of assault by auto or vessel when the person drives a vehicle or vessel recklessly and causes either serious bodily injury or bodily injury to another. Assault by auto or vessel is a crime of the fourth degree if serious bodily injury results and is a disorderly persons offense if bodily injury results.
(2)Assault by auto or vessel is a crime of the third degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and serious bodily injury results and is a crime of the fourth degree if the person drives the vehicle while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) and bodily injury results.
(3)Assault by auto or vessel is a crime of the second degree if serious bodily injury results from the defendant operating the auto or vessel while in violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) while:
(a)on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property;
(b)driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance or resolution, has designated the school crossing as such; or
(c)driving through a school crossing as defined in R.S.39:1-1 knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.
Assault by auto or vessel is a crime of the third degree if bodily injury results from the defendant operating the auto or vessel in violation of this paragraph.
A map or true copy of a map depicting the location and boundaries of the area on or within 1,000 feet of any property used for school purposes which is owned by or leased to any elementary or secondary school or school board produced pursuant to section 1 of P.L. 1987, c.101 (C.2C:35-7) may be used in a prosecution under subparagraph (a) of paragraph (3) of this section.
It shall be no defense to a prosecution for a violation of subparagraph (a) or (b) of paragraph (3) of this subsection that the defendant was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor shall it be a defense to a prosecution under subparagraph (a) or (b) of paragraph (3) of this subsection that no juveniles were present on the school property or crossing zone at the time of the offense or that the school was not in session.
As used in this section, "vessel" means a means of conveyance for travel on water and propelled otherwise than by muscular power.