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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
732-572-0500
1-800-655-2977

Personal Injury and Criminal
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Princeton Area
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Cranbury, NJ 08512
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NJ Laws Newsletter E377

NJ Laws Email Newsletter E377
Kenneth Vercammen, Attorney at Law

October 5,2011

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Office Phone Number:

 

(732) 572-0500

 

 

www.njlaws.com

 

In This Issue:

1. If Someone Dies Without A Will, Or the Will is Considered Invalid.

 

2. Commercial DWI Refusal and General Refusal Distinct Statutes.

 

3. Failure to be able to give Sufficient Breath Samples may be Refusal.

 

4. Welcome Fall 2011 Law Clerks

 

5. Welcome Fall 2011 Office Staff Attorneys

6. Next Events

 

7. Grass Cutting/Lawn Maintenance Needed

 

8. HELP WANTED- Clerk for Law Office

 

 

 

 

 




Greetings,

1. If someone Dies without a Will, or the Will is Declared Invalid because it was Improperly Prepared or is Not Admissible to Probate:

* Additional expenses will be incurred and extra work will be required to qualify an administrator-Surety Bond, additional costs and legal fees

* State law determines who gets assets, not you

 

* Possible additional State inheritance taxes and Federal estate taxes

* Judge determines who gets custody of your children

* If you have no spouse or close relatives the State may take your property

* The procedure to distribute assets becomes more complicated

* It may also cause fights and lawsuits within your family

 

When loved ones are grieving and dealing with death, they shouldnt be overwhelmed with financial concerns.

 

Who dont you want to receive your assets?

 

Who is not the best choice to raise your children, or safeguard a childrens money for college? Do you want children, or grandchildren, to get money when they turn 18? Will they invest money wisely, or go to Seaside and play games?

 

Even if you have an existing Will, there are many events that occur which may necessitate changes in your Will. Some of these are:

 

* Marriage, death, birth, divorce or separation affecting either you or anyone named in your Will

 

* Significant changes in the value of your total assets or in any particular assets, which you own

 

* A change in your domicile

 

* Death or incapacity of a beneficiary, or death, incapacity or change in residence of a named executor, trustee or guardian of infants, or of one of the witnesses to the execution of the Will

 

* Annual changes in tax law

 

* Changes in who you like

 

MAY I CHANGE MY WILL?

 

Yes. A Will may be modified, added to, or entirely changed at any time before your death provided you are mentally and physically competent and desire to change your Will. You should consider revising your Will whenever there are changes in the size of your estate. For example, when your children are young, you may think it best to have a trust for them so they do not come into absolute ownership of property until they are mature. Beware, if you draw lines through items, erase or write over, or add notations to the original Will, it can be destroyed as a legal document. Either a new Will should be legally prepared or a codicil signed to legally change portions of the Will.

2.Commercial DWI Refusal and General Refusal Distinct Statutes.State v Nunnally420 NJ Super. 58(2011).

In this appeal the court addressed the statute governing refusal by a commercial vehicle driver to submit to a breath test (CDL refusal), N.J.S.A. 39:3-10.24, and the general statute penalizing refusal to submit to a breath test (general refusal), N.J.S.A. 39:4-50.4a. The court held that a charge of CDL refusal or general refusal requires, as a predicate, an arrest under the corresponding DUI statute, N.J.S.A. 39:3-10.13 or N.J.S.A. 39:4- 50. Here, where defendant was arrested under the CDL statute, N.J.S.A. 39:3-10.13, and then refused to submit to a breath test, he could not be prosecuted for general refusal, N.J.S.A. 39:4-50.4a. The court also held that, because citing the wrong refusal statute is not a technical defect, R. 7:2-5, and because CDL refusal is not a lesser included offense of general refusal, R. 7:14-2, the State was precluded from amending the complaint to charge defendant with CDL refusal after the ninety-day statute of limitations expired. For future guidance, the court noted that a commercial vehicle driver whose conduct violates both the CDL and general DUI statutes may be arrested and charged under either or both statutes. 5-04-11

3. Failure to be able to give Sufficient Breath Samples may be Refusal.State v. Schmidt206 NJ 71 (2011)

 

Because defendant unequivocally consented to the breath test, his later failures to provide the necessary volume and length of breath samples did not render his earlier consent ambiguous or conditional. Thus, defendant remained among those who have consented and, hence, was not entitled to reading of the Additional Statement.

 

1. Central to the inquiry in this appeal are the dual questions of what and how much must be read to a defendant in the way of a Standard Statement before a refusal conviction will lie. Save for penalties that may be imposed under N.J.S.A. 39:4-50.4a, the substance of the standard statement has been delegated by the Legislature to the Executive Branch, pointedly not to the Judicial Branch. Once the question of what must be disclosed in the Standard Statement is laid to rest, the corollary question of how much must be disclosed seems self-evident: provided the Standard Statement clearly delineates the penalties for a refusal, the statutory mandates are satisfied. At this Courts behest, the Executive Branch added the Additional Statement at issue in this appeal, but limited its application solely to those certain delineated instances, including where a defendants response is ambiguous or conditional. Because defendant unequivocally consented to the breath test, his later failures to provide the necessary volume and length of breath samples did not render his earlier consent ambiguous or conditional. Thus, the Court is compelled to reject the Appellate Divisions extension of the Additional Statement as unwarranted. Once consent is given, it cannot be vitiated, impeached or otherwise revoked by a defendants unilateral actions aimed at defeating the testing process. To hold otherwise would result in a conclusion at odds with the clear purpose of the entire intoxicated driver statutory scheme.

 

2. No due process notice considerations have been raised by the parties to this appeal in respect of defendants failure to submit to the test and, hence, the Court need not address that question. That said, for the avoidance of future doubt and to provide consistency of administration, the inclusion in the main body of the Standard Statement of a notice to a DWI arrestee that the failure to provide sufficient breath volume for a sufficient period of time will constitute a refusal to submit to the breath test is both reasonable and salutary. Therefore, the Court recommends to the Attorney General that the main text of the Standard Statement be supplemented to address such instances.

4.

Kenneth Vercammen and Associates would like to welcome the following law clerks who are participating in this years Fall Internship Program!

 

Alexander Kim, who currently attends The College of New Jersey

Bobbi Asper, who currently attends Rutgers University

Nadya Comas, who currently attends Rutgers University

 

Rania Ibrahim, who recently graduated from Montclair State University

 

Nicole Wise, who recently graduated from Fordham Law School

Reena Shah, who recently graduated from Benjamin Cardozo School of Law

 

5. Kenneth Vercammen and Associates would also like to welcome the following Office Staff Attorneys!

Betram Okpokwasili, Esq.

John Leschak, Esq.

Frederick Aurelien, Esq.

Andrew Gayed, Esq.

 

6. Next Events

 

Oct. 8, 2011Rutgersv Pitt 3:30 pm

 

Oct. 9, 2011 Deal 5k Deal hot dogs & free beer, swim in Ocean after run. Bring a wet suit.

Oct. 12, 2011 Freezing Cold Hash Volunteer meeting 7:45 at Mikes Courtside Sports Bar & Grill, 1 Elm Row New Brunswick, NJ 08901, Run with Raritan Valley RVRR in Highland Park first. Email Ken V if attending and what type of sandwich you want. Volunteers receive free admission to Freezing Cold Hash and Free Living Will.

Oct. 15, 2011 Rat RaceSaturday, 10:30amA hash style of running or walking 1 - 4 miles over woodland trails/swamp & stream followed by a fantastic party of beer, buns, burgers, pizza pie, music and games for prizes.Bostons, corner of Fisher Blvd. and Hooper Avenue Toms River, NJ http://www.facebook.com/event.php?eid=10150115430305704

 

Oct. 15, 2011Heights Pride 5k Spring Lake Hts

Oct. 15, 2011 Interlaken 5k 11am

Oct. 16, 2011Seaside Half Marathon & 5K13.1 mile run, 10am, 13.1 walk, 9am, 5k 10:10Seaside Park NJ

Oct. 16, 2011 Sunday East Brunswick 1pm 5k & 10k RVRR well run event Road closed to traffic www.ebrr.org

 

 

7. Grass cutting/Lawn Maintenance Needed

 

Brendan has returned back to U of Miami Florida. The office needs lawn cutting, weed-wacking and sidewalk edging for October. Please call 732-572-0500 with price quote.

 

8. HELP WANTED- Clerk for LawOffice- envelope stuffing, misc. clerk duties

Monday-Friday

2 hours per day Monday- Friday

You pick the hours

$6.00 per hour

 

OTHER DUTIES

-Adding client names to computer database, prepare letters, and work on client traffic ticket matters.

 

-Preparation of legal documents on Computer and mail to courts

 

-Telephone Answering

 

-General Office duties in Law Office

 

-Update mailing/ client lists and learn marketing

 

-All other work needed including working on personal injury cases

 

Must be dependable and committed to perfection.

 

Call Law Office of Kenneth Vercammen & Associates

 

Check out our website at www.njlaws.com to see what we are about.


Editorial Assistance provided by Bobbi Asper. Ms. Asper is currently a senior at Rutgers University and is participating in our Fall Internship Program.

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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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