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E416 NJ Laws Email Newsletter

 
NJ Laws Email Newsletter E416
Kenneth Vercammen, Attorney at Law

February 26,2013

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In This Issue:



1. NJ Senate proposed
Bill 2427



 

1. NJ Senate proposed Bill 2427

 

NJ Senate proposed Bill 2427 would permit a restricted license for persons suspended for DWI to be able to drive to work. Ken Vercammen testified in favor of the Restricted Drivers license Ken also testified in favor of changes to the ignition interlock law to permit persons who do not own a car to be able to get a drivers license back.

 

This bill, as amended, revises penalties for various drunk-driving offenses. These revisions include mandating the installation of an ignition interlock device in the motor vehicle owned, leased, or principally operated by the offender and the operation of such vehicle under a restricted use drivers license, or alternatively, mandating the offenders forfeiture of the right to operate a motor vehicle if the offender instead does not own or lease a motor vehicle and there is no vehicle the offender principally operates.

 

Whenever a person commits the offense of driving under the influence (R.S.39: 50-4) or refusing to submit to a breath test (section 2 of P.L.1966, c.142 (C.39: 4-50.2)), the person would be required to install an ignition interlock device. A court would first order the suspension of the persons drivers license for a period of 10 days, during which period the person would have to install the device, unless the person presented to the court at the time of sentencing satisfactory proof that a device is already installed, and additionally, for a second or subsequent offense, the person during this same 10-day period would be required to obtain a restricted use drivers license with various court ordered driving restrictions, issued by the Chief Administrator of the Motor Vehicle Commission in order to operate the affected motor vehicle; if the person did not own or lease a motor vehicle and there was no vehicle the person principally operated, the court would instead order the person to forfeit his right to operate a motor vehicle over the highways of this State.

 

For a first offender whose blood alcohol concentration is 0.08% or higher but less than 0.10%, the device would remain installed for a period of not less than three months or more than six months, commencing immediately upon the restoration of the offenders drivers license after the 10-day period of license suspension or as indicated on the court order if no suspension occurs due to the prior installation of the device with satisfactory proof of installation to the court. For a first offender whose blood alcohol concentration is 0.10% or higher, or for refusing to submit to a breath test, the device would remain installed for a period of not less than seven months or more than one year, again commencing immediately upon the restoration of the offenders drivers license after the 10-day period of license suspension or as indicated on the court order if no suspension occurs due to the prior installation of the device with satisfactory proof of installation to the court. For a first offender who does not own or lease a motor vehicle, or if there is no motor vehicle the offender principally operates, the court would instead order forfeiture of the offenders right to operate a motor vehicle, with the period of forfeiture being the same as the period for which the ignition interlock device would have been installed (not less than three months or more than six months; or not less than seven months or more than one year, if a higher blood alcohol concentration). The second and third offenders can also apply for a restricted drivers license.

 

The restricted use drivers license would be in a form prescribed by the chief administrator and be issued in accordance with procedures established by the chief administrator. The license would be of a color selected by the chief administrator, which readily distinguishes it from other drivers licenses issued by this State. The chief administrator could impose a fee of not more than $25 for the issuance of a restricted use drivers license. Along with the restricted use drivers license, the chief administrator would issue a restricted use drivers placard to each approved licensee. The licensee would be required to prominently display the placard in the rear window, or other location determined by the chief administrator, of the motor vehicle equipped with the ignition interlock device for which the restricted use drivers license is issued.

 

The bill also addresses periods of incarceration and community service requirements for persons who commit multiple offenses generally (but not those more serious offenses that occur on school property or involve driving through a school crossing (detailed in subsection (g) of R.S.39:4-50)). Under the bill, a person with a second drunk driving related offense would be sentenced to imprisonment for a term of not more than 90 days, except that the court could lower this term for each day served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center. Similarly, while a person with a third or subsequent drunk driving offense would be sentenced to imprisonment, the court could also lower this term for each day served participating in an approved drug or alcohol inpatient rehabilitation program. In both instances, there would be no cap on the potential number of days reduced from the term of imprisonment. As to community service requirements, the bill would establish that a person with a third or subsequent drunk driving offense be required to perform community service for a period of not less than 60 days, which would be in the form and on the terms as the court shall deem appropriate under the circumstances; this exceeds the current requirement placed upon a person with a second offense, which is the performance of community service for a period of 30 days.

 

More details at:

http://traffic-law.blogspot.com/2013/02/nj-senate-proposed-bill-2427-would.html

 

 

 

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Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

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Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.

In direct contrast to the hard-hitting approach we take toward the insurance companies is the soft approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.

Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.

If you retain KENNETH VERCAMMEN to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, you family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!

Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN - Trial Attorney We Fight To Win.

When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you dont protect your rights, you may not be able to make a claim.

Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.

You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced personal injury lawyer can make the difference between getting what you deserve and getting nothing.

Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.

I am an experienced aggressive trial lawyer and a 3rd degree Black Belt. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.

Reduce the stress of making a claim.

Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.

p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN also offers a special -- For Settlement Only -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.

We handle personal injury cases on a contingency fee basis.

This means:
YOU DONT OWE ME A LEGAL FEE UNLESS I RECOVER MONEY FOR YOU.

Call our office to schedule a "confidential" appointment 732-572-0500

Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

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