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Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.
Edison NJ 08817

Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
By Appointment Only
Toll Free 800-655-2977

NJ Laws Newsletter E471


Kenneth Vercammen, Attorney at Law

June 17,2015


In this Issue:

1. Clients, Friends, Professionals, 5k runners, Attorneys, Law Enforcement invited toHappy Hour & Networking Social,July 17, 2015 FridayatBar Anticipation

2. Police needed warrant for blood taking after DWI event in 2010 case, no good faith exception for police actions.

3. Ten year step down in DWI also applies to refusal.

4. 6/21 Happy Fathers Dad to my Dad, Al Vercammen.

5. Upcoming Community Events

6. For Rent Coffee Shop/Deli- 2045 Woodbridge Avenue, Edison, NJ 08817 Available Immediately... Price Reduced


1. Clients, Friends, Professionals, 5k runners, Attorneys, Law Enforcement invited toHappy Hour & Networking Social

July 17, 2015 Friday

atBar Anticipation

703 16th Avenue Lake Como/ Belmar, NJ 07719

Free !

5:30-7:55PM Hot & Cold Buffet

The reduced price Happy Hour is 6-7PM with$1.50 House Drink, Bud/BudLt draft & House Wine Special

Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.

Email Ken Vercammens Law Office so we can put your name on the VIP list for wristbands. VercammenLaw@Njlaws.com

This event will also be the Kenneth Vercammen Law Office

30th Anniversary Party

Celebrating 30 years of providing excellent service to clients and the community


Co-SponsorsareGreater Monmouth Chamber of Commerce,Monmouth County Bar Association,NJAWBO (NJ Association of Women Business Owners)Retired Police & FireMiddlesex MonmouthLocal 9, NJ State Bar AssociationCriminal Law Section,Young Lawyers Division,Elder and Disability Law Section,Real Property, Trust and Estate Law Section,Minorities in the Profession Section MIPS,Women in the Profession Section WIPS, LGBT Rights Section, Special Civil Part Special Committee,Lakewood Chamber of Commerce,and 8 other sections and committees

If your group, non-profit or organization wishes to co-sponsor the next networking happy hour, please contact:


2053 Woodbridge Ave. Edison, NJ 08817732-572-0500


2. Police needed warrant for blood taking after DWI event in 2010 case, no good faith exception for police actions.State v. Adkins __ NJ __ (2015) (A-91-13).

In this appeal of a 2010 ticket, the Court considers the application of the United States Supreme Courts decision inMissouriv.McNeely, ___ U.S. ___, 133S. Ct.1552, 185L. Ed.2d 696 (2013), to a case involving a blood draw, for purposes of determining blood alcohol content (BAC), that took place before theMcNeelydecision was issued.

McNeelys pronouncement on theFourth Amendments requirements must apply retroactively to cases that were in the pipeline whenMcNeelywas issued. Accordingly, the Appellate Divisions judgment is reversed. The matter is remanded to allow the State and defendant the opportunity to re-present their respective positions on exigency in a hearing on defendants motion to suppress the admissibility of the blood test results. In that hearing, potential dissipation of the evidence may be given substantial weight as a factor to be considered in the totality of the circumstances. The reviewing court must focus on the objective exigency of the circumstances faced by the officers.

3. Ten year step down in DWI also applies to refusal.State v Taylor__ NJ Super. __ (App. Div. 2015) (A-3923-13T2).

In 2013, defendant Thomas Taylor entered a conditional guilty plea to refusal to submit to a breath test, N.J.S.A. 39:4-50.2, reserving the right to appeal [] any and all issues, including sentencing. Although defendant had no prior convictions for refusal, he had two prior convictions for driving while intoxicated (DWI), N.J.S.A. 39-4-50, in 1985 and 1996. The trial court sentenced defendant as a third offender, using his DWI convictions to enhance the penalty for his refusal conviction.

On appeal, defendant argues that the step-down provision of the DWI statute, N.J.S.A. 39:4-50(a)(3), should apply so as to reduce his refusal conviction from a third to a second offense for sentencing purposes since it followed more than ten years after his second DWI conviction. The court agreed and held that where the penalty attendant to a drivers refusal conviction is enhanced by a prior conviction under the DWI statute, fairness dictates that it be similarly reduced by the sentencing leniency accorded a driver under the step-down provision of that statute when there is a hiatus of ten years or more between offenses.

4. 6/21 Happy Fathers Dad to my Dad, Al Vercammen, veteran of Korean War, past president Metuchen First Aid, and a volunteer leader of the YMCA Indian Guides. As a kid one of my highlights was to sit in the Metuchen First Aid ambulance and hit the siren as we rode in the Metuchen Memorial Day parade. Dad was selected as Man of the Year by the Metuchen Jaycees for his volunteer work. Dad and mom traveled to Scranton while I was in college to see Mike Brennan and I win a race for the University of Scranton Varsity Cross-Country team. We enjoy spending time every Memorial Day, 4thof July and Labor Day at their Poconos Lake house, plus their Active Adult Community Pool in Jackson on Fathers Day.

5. Upcoming Events:

6/27 Union Beach 5k

6/28 Lager Run 5k Glen Ridge 5pm free beer

6. For Rent Coffee Shop/Deli- 2045 Woodbridge Avenue, Edison, NJ 08817 Available Immediately... Price Reduced

Great Store Front On Corner Lot. Great Location For A New Deli, Coffee Shop Or other Personal Service Business. New tile floor, freshly painted, and other recent remodeling. Approximately 700 Sq. Ft. Reduced to $1500 per month. For more information or to schedule a time to see space please contact:


Listed by:

Michael McDonald, Realtor

Keller Williams Elite

481 Memorial Parkway

Metuchen, NJ 08840


Editors Note and Disclaimer:

All materials Copyright 2015. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.



2053 Woodbridge Ave.

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(Fax) 732-572-0030


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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:

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.

Admitted In NJ, US Supreme Court and Federal District Court.

Contact the Law Office of
Kenneth Vercammen & Associates, P.C.
at 732-572-0500
for an appointment.

The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation.

Ken Vercammen articles.

Ken Vercammens Resume
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