NJ Laws Directions to Ken Vercammen and Associates Ken Vercammens Resume Ken Vercammen articles

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
on Weekends 732-261-4005

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


Winter 2010 Municipal Court Law Review

Winter 2010 Municipal Court Law Review

 

1. No Points on Unsafe 97.2 if More than Five Years between Offenses. Patel v. New Jersey Motor Vehicle Commission  __ NJ __

(A-86-08) 11-10-09

         The unsafe driving ticket is no points for offense one and two.  The 3rd gives the driver 4 points, unless there is more than 5 years between the 2nd and 3rd offense. The Supreme Court held Under N.J.S.A. 39:4-97.2(e), the exemption provision for assessing motor vehicle penalty points for an unsafe driving offense that occurs more than five years after “the prior offense,” “the prior offense” refers only to the most recent preceding offense based on both a plain reading of the statute and a review of the legislative history. Thus, the Motor Vehicle Commission correctly imposed motor vehicle points on Patel for having a fourth unsafe driving conviction in 2007, only one year after the date of her prior, third, unsafe driving offense.

2.    In DWI case State must provide 20 minute observation of driver prior to breath test  by clear and convincing evidence, but arresting officer can testify as part of 20 minutes  State v Ugrovics

410 NJ Super.  482  (App. Div. 2009)    

This appeal concerns the admissibility of the results of an Alcotest. By leave granted, the State appeals from the order of the Law Division suppressing the results of the Alcotest because the arresting officer, rather than the Alcotest operator, was the person who observed defendant during the twenty minutes prior to him taking the test. In reaching this conclusion, the trial court relied on what it characterized as the "procedures" mandated by the Supreme Court in State v. Chun 194 N.J. 54, cert. denied, ____ U.S. ____, 129 S. Ct. 158, 172 L. Ed. 2d 41(2008). The court reverses. The court held that the State is only required to establish that the test subject did not ingest, regurgitate or place anything in his or her mouth that may compromise the reliability of the test results for a period of at least twenty minutes prior to the administration of the Alcotest. The State can meet this burden by calling any competent witness who can so attest.

3. Destruction of Video Tape may Permit DWI Defendant to Vacate Guilty Plea. State v. Mustaro   ___ NJ Super ___ (App. Div. 2009) 14-2-6169 12/14/09

The court considered defendants appeal from the denial of a post-sentence motion to vacate his plea of guilty to driving while intoxicated. The motion was predicated on a claim that the state withheld exculpatory evidence, but by the time the motion was filed the evidence — a videotape recorded by the camera in the arresting officers patrol car — had been destroyed through reuse in accordance with the police departments procedures. Applying State v. Parsons, 341 N.J. Super. 448 (App. Div. 2001), and State v. Marshall, 123 N.J. 1, 107-09 (1991), the court concluded that defendant failed to establish that he would not have admitted to driving if he had access to the videotape prior to the plea, and the court further concluded that the denial of his motion was fully consistent with a proper application of the principles set forth in State v. Slater, 198 N.J. 145 (2009).

 

4. DWI Dismissed Under Speedy Trial Where More than 360 Day Lapse. State v. Tsetsekas ___ NJ Super ___ (App. Div.2009) 14-2-6170 12-14-09

The court reversed the Law Division conviction and required dismissal of the DWI charge due to a violation of defendants right to a speedy trial. The extensive delay in adjudicating this matter, caused solely by the states repeated lapses in preparation and the failure to secure its witnesses, infringed on defendants due process rights.

5. Police can Enter Home Under Emergency Aid Exception Michigan v. Fisher 130 S. Ct 546 U.S. Supreme Court December 07, 2009 No. 09–91

In an assault prosecution, grant of petitioners motion to suppress evidence that he pointed a rifle at an officer when he entered his house is reversed where the officer did not violate the Fourth Amendment because he was responding to a report of a disturbance and encountered a tumultuous situation in the house, which justified a warrantless search under the emergency aid exception

6. Rebuttable presumption a road sign is properly posted State v Smith  408 NJ Super. 484 (App. Div. 2009)

       Defendants conviction on trial de novo for violating N.J.S.A. 39:4-125 is affirmed because he turned his vehicle "around so as to proceed in the opposite direction on a highway" on which a "no U turn" sign was conspicuously posted.  Defendant does not have to perform a "u turn."  The West Annotated version of the statute contains an error.  The "no U turn" sign need not be on a "state" highway, and therefore whether or not the road was a "state" highway was irrelevant, as there is a rebuttable presumption the statute was properly posted.  As defendant was not entitled to assigned counsel, the fact he was improperly assigned counsel in the Law Division does not require vacation of the municipal conviction because he was not assigned counsel there.

7. Waivers of Forfeiture is Judicial Function. State v. Rone ___ NJ Super ___ (App. Div. 2009) 14-2-6128

A decision by the prosecutors office to waive forfeiture of office under N.J.S.A. 2C:51-2 is not analogous to prosecutorial decisions with respect to pretrial intervention and is not entitled to enhanced deference or judicial review. Waiver of forfeiture is a judicial function, not a prosecutorial one.

Photos  p1 HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR October 26, 2009

Speakers include:

HON. JOAN ROBINSON GROSS, PJMC  Union County

Chair 2009, Supreme Court Municipal Practice Committee

HON. JOHN J. COYLE, JR. JSC  Warren County

MATTHEW REiSIG ESQ.

NORMA M. MURGADO, ESQ.

WILLIAM G. BRIGIANI, ESQ.

KENNETH A. VERCAMMEN, ESQ.

For Future seminars and purchase of Audio CD and book call  New Jersey Institute for Continuing Legal  (732) 214-8500

   P3  HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR October 17, 2009 Mt. Laurel, NJ

Speakers include:

JOHN MENZEL, ESQ.

ROBERT A. GLEANER, ESQ. Prosecutor in Audubon and Stratford

KENNETH A. VERCAMMEN, ESQ.

WILLIAM G. BRIGIANI, ESQ.

HON. ROBERT J. ZANE, III, PJMC  Camden County

For future seminars, call NJ ICLE at (732) 214-8500

           ______

    Winter & Spring Community  Events  

Jan. 16       Bishop Ahr B.G.A. Wrestling Alumni

Jan. 23       Jersey Shore Triathlon Club  Social

Jan. 25       NJ Bar Municipal Court Meeting

Feb. 20       NJ Bar Municipal Court Meeting

March 7      Belmar St. Patrick Parade

April 17      Widener Law Alumni – Philadelphia

April 19      NJ Bar Municipal Court Meeting  4pm

April 19      Municipal Court Seminar ICLE Fairfield

April 25      Bishop Ahr – St. Thomas – 40 Year Reception and mass

April 27  ICLE Nuts and Bolts of Elder

April 27      ICLE Nuts and Bolts of Elder  Law

May 3                  Municipal Court Seminar ICLE Law Center

May 19,20-21      National Police Week

August  ?   25 year Anniversary of Ken’s graduation from Law School and passing bar exam

South Brunswick Varsity wrestling

2010 schedule

Wed

01/06/10

PERTH AMBOY

Thu

01/07/10

Woodbridge High School

Sat

01/09/10

Montgomery Township Schools

Sat

01/09/10

Old Bridge High School

Sat

01/16/10

Edison High School

Sat

01/16/10

Kittatinny Regional H. S.

Sat

01/16/10

Sayreville War Memorial High Sch

Tue

01/19/10

SOUTH PLAINFIELD HS

Sat

01/23/10

West Windsor-Plainsboro N.

Sat

01/23/10

Ewing High School

Sat

01/23/10

Princeton High School

Wed

01/27/10

EAST BRUNSWICK

Fri

01/29/10

@  GMC @PISCATAWAY

Sat

01/30/10

@  GMC @PISCATAWAY

Tue

02/02/10

Manalapan High School

Wed

02/03/10

SOUTH RIVER HS

Sat

02/06/10

NORTH BRUNSWICK

Sat

02/06/10

Arthur L. Johnson High School

Sat

02/06/10

Rutgers Prep School

Thu

02/11/10

SPOTSWOOD HS

Sat

02/13/10

Highland Park High School

Sat

02/13/10

Nottingham High School

Sat

02/13/10

Rancocas Valley Reg High School

Fri

02/19/10

DISTRICTS [Brendan V is defending champ 171]

Sat

02/20/10

DISTRICTS

Tue

02/23/10

@  Region V @ Hunterdon Central

Fri

02/26/10

@  Region V @ Hunterdon Central

Sat

02/27/10

@  Region V @ Hunterdon Central Brendan V is defending champ 171]

 

 

 

 

 

 

3/5-7  State wrestling Championships Atlantic City Convention Hall

 11.  Free Municipal Court forms   

The program “HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR”  was held October 26, 2009 sponsored by the New Jersey Institute for Continuing Legal Education  NJ ICLE

     CD with forms and Materials were provided to all attendees! If you could not attend and need some forms, Send an email to Kenvnjlaws@verizon.net and select up to five forms or motions you request.   The materials will be sent to you within 4 days by Speaker Kenneth A. Vercammen, Esq.
 Edison, NJ

Past Chair Municipal Court Section

2005 NJSBA Municipal Court Attorney

of the Year

Editor- NJ Municipal Court Law Review

Available Forms:

02  Lt of rep only

02 DISC

02a DISC to DMV

02d Disc Complainant

03D Retainer-MUN COURT

04 Hearing notice

100 Cross Exam Q-DWI

AG Guidelines binding

Appeal Fee Bill to Client

atty_guidelines_0505.pdf

Bail reduce Motion

Brief post convict vacate plea

Conditional Discharge Pet CDL

constructive poss

Court cannot handle discovery

Crim interview aba

crim- Specific defenses

Defense Affidavit to Client

DISC to Client from Prosecutor

DUI Motions non disc- jury

DWI- Blood defense brief

DWI- expert letter

DWS Fine reduced parking ticket

Expungement recommend

MIRANDA brief

More disc brief

Motion for Civil Reservation

Motion for Slap

Motion to be Relieved

Motion- Dismiss No disc mun Pros

Mun Ct Interview

MVC_ DMV - Follow-up Hearing

MVC_ DMV points for Atom

No discovery dismiss Brief

No Show in Court

OBJ TO LAB CERT

OPRA Brief Crim

Order mark try or dismiss

Order to be Relieved

Pros- missing abstract

Refusal Brief wrong statement

Storm Cert private pros

Sup-Miranda

SUPPRESSION MOTION

SUPPRESSION BRIEF

Chun discovery brief

 

Evening telephone consults for subscribers, police officers and court staff attorneys - Help for persons who read our newsletter-

      Subscribers to our newsletter often have legal questions regarding their cases. We have updated our office policy to speak with attorneys in the evening and weekend regarding their cases. Since Kenneth Vercammen is in court every day, we call back from our cell phone and call your cell phones. Calls are returned after 5pm so it does not interfere with our client consults.

           Our Professional Liability carrier recommends attorneys fax over the following to Fax#: 732-572-0030:

                  1. Detailed question written out

                  2. Relevant facts and location of court

                  3. Your cell phone number

                     Optional- Copy of legible ticket or hearing notice

         This information will help Mr. Vercammen answer the question when he returns from court and allow the office to conduct a quick conflicts check.  A fax is easy and the office staff does not have to get bogged down taking messages. All calls are returned within 72 hours, so don’t wait until the morning of your trial.

Index

1. No Points on Unsafe 97.2 if More than Five Years between Offenses. Patel v. New Jersey Motor Vehicle Commission

2.    In DWI case State must provide 20 minute observation of driver prior to breath test  by clear and convincing evidence, but arresting officer can testify as part of 20 minutes  State v Urgrovics

3. Destruction of Video Tape may Permit DWI Defendant to Vacate Guilty Plea. State v. Mustaro

4. DWI Dismissed Under Speedy Trial Where More than 360 Day Lapse. State v. Tsetsekas

5. Police can Enter Home Under Emergency Aid Exception Michigan v. Fisher

6. Rebuttable presumption a road sign is properly posted State v Smith

7. Waivers of Forfeiture is Judicial Function. State v. Rone

8. Photos  p1 HANDLING DRUG, DWI & SERIOUS MOTOR VEHICLE CASES SEMINAR October 26, 2009

9. Winter Community  Events  

10.  Free Municipal Court forms   

11. Subscription form

 

12 Evening telephone consults for subscribers, police officers and court staff attorneys


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year
Minimum Mandatory Fines, Points, Jail and Penalties Relating to Selected Motor Vehicle Offenses
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Meet with an experienced Attorney to handle your important legal needs.
Please call the office to schedule a confidential "in Office" consultation.
Attorneys are not permitted to provide legal advice by email.

Kenneth Vercammens Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Dont give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or drivers license is in jeopardy or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase rates or drop customers based on moving violations.

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. The Law Office now accepts payment by American Express, Visa and Master Card.

Ken Vercammen articles.

Ken Vercammens Resume
Directions to Ken Vercammen and Associates




Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader, inclusion of a link should not be construed as an endorsement.

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