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Fall 2023 NJ Municipal Court Law Review By Kenneth Vercammen, Esq. Edison, NJ 732-572-0500 [email protected] 1. Police properly administered Miranda warning 2. Engine compartment of car could not be searched without warrant 3. Newspaper here not entitled to legal fees under common law right of access claims to public records 4. Cassidy DWI cases permits certain Plea bargains 5. Wife posting video asking for assistance to obtain Jewish get was not harassment under DV law 6. State had an affirmative duty to gather and disclose any relevant Brady/Giglio material from State's testifying witnesses 7. Driver guilty here of NJ unlicensed driver ...

Special Master Judge Robert Fall agreed with the New Jersey State Bar Association that the use of an online index of affected individuals and repository of Alcotest calibrations is “the best available method of determining whether an individual was requested to provide breath samples on an Alcotest Instrument calibrated by [former New Jersey State Police] Sergeant [Marc] Dennis.” The Special Master issued a report in State v. Zingis addressing a number of issues related to the obligation of prosecutors to provide information about potentially inadmissible Alcotest breath sample results in prior DUI convictions sought to be used to justify enhanced sentencing ...

This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com . The New Jersey State Bar Association is participating as amicus curiae arguing that a prosecutor has an obligation to provide information with regard to prior convictions when seeking an enhanced sentence in a DWI case. State v. Zingis distinguishes this issue from a prior case, State v. Cassidy , in which the focus concerned the admission ...

The New Jersey State Bar Association filed a motion to appear as amicus curiae in State v. Cunningham regarding the scientific reliability of a new breath-testing device, the Alcotest 9510. The state Supreme Court granted the state Attorney General Office’s motion for direct certification, appointed a special master and invited amici to seek participation. The NJSBA has had long-standing involvement in helping set the parameters for the reliability of breath testing in New Jersey. Nearly 20 years ago, the Alcotest 7110 was proposed as a replacement for the Breathalyzer technology that had been used for years. The NJSBA was an amicus party in the case, ...

In response to concerns expressed by practitioners, the New Jersey State Bar Association (NJSBA) reached out to state officials about municipal court issues. In a trio of letters, the organization asked for uniformity in plea-by-mail processes, information on expansion of a municipal court portal, a central repository for municipal prosecutor information and priority for ignition interlock services. The NJSBA wrote to the New Jersey chief justice, governor and state attorney general with its concerns. “The plea-by-mail process is confusing, inconsistently applied, does not effectively permit the disposal of many municipal court matters, and does not meet ...

The word "re-imagining" was a recurring theme at the Municipal Court Bench Bar Conference, part of the Wednesday line-up at the New Jersey State Bar Association's Virtual Annual Meeting. Municipal court proceedings were suspended for several weeks in the wake of the COVID-19 pandemic, but have resumed this week, virtually and via phone. Speakers voiced concerns about the challenges implicit in the new set-up, ranging from timing, to being able to properly represent and confer with their clients, the impact of the digital divide, and more. The circumstances are unprecedented, speakers said, and leaders would need to re-imagine solutions that continue to protect ...

Handling Drug, DWI and Serious Cases in Municipal Court Seminar October 1, 2018 5:30PM-9:05PM NJ Law Center, New Brunswick, NJ New topics: New Alcotest breath machine Alcotest 9510 50 adopted for us by NJ Attorney General N.J.R. 1818(c) -Prosecutors given discretion in pot cash Attorney General Memo on Guidance Regarding Municipal Prosecutors’ Discretion in Prosecuting Marijuana and Other Criminal Offenses Gurbir S. Grewal, Attorney General State v Cassidy pending before Supreme Court on State Police not complying with State v Chun Speakers: Kenneth A. Vercammen, Esq., Past Municipal ...

Nominations for NJ Municipal Court Practice Award 2018 The New Jersey State Bar Association, Municipal Court Practice Section is soliciting nominations for its annual “Municipal Court Practice Award”. Nominations may be of a New Jersey lawyer, prosecutor, or retired judge, in good standing, who has evidenced: Public service in advancing the development of municipal court practice in New Jersey in the preceding year or cumulatively as lifetime achievements in the field. Dedication to the positive development of municipal court practice by publishing, teaching, and serving on municipal court practice committees. Commitment to ...

Municipal Court College seminar March 19, 2018 5:30pm-9:00pm NJ Law Center, New Brunswick Speakers: Kenneth A. Vercammen, Esq., Author ABA Criminal Law Forms Norma Murgado Elizabeth & Woodbridge Prosecutor Lorraine Nielsen, Prosecutor Milltown, John Menzel, Esq., Past Chair Municipal Court Section Joshua Reinitz, Esq., Program agenda [300 page book available for purchase after program] 5:30 Recent case law, Court Rules, Conditional Dismissal and Status of Legalized Weed- Ken Vercammen, Esq. 5:50 Initial client interview; getting retained; dealing with the prosecutor – Ken Vercammen, Esq. 6:20 Driving ...

Attorneys & staff invited to Happy Hour & Networking Social July 17, 2015 Friday at Bar 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 Vercammen's Law Office so we can put your name on the VIP list for wristbands. [email protected] Co-Sponsors are NJ State Bar Association ...

Driver is not subject to criminal driving while suspended if DWI suspension period expired prior to driving State v Perry __ NJ Super. ___ (App. Div. 2015) Docket A-1767 -13T2 N.J.S.A. 2C:40-26(a) and (b) make driving while suspended under specified circumstances a fourth-degree crime, punishable by a mandatory minimum jail term of 180 days, where the underlying suspension arose from driving while intoxicated (DWI), N.J.S.A. 39:4-50, and/or refusal to submit to chemical testing, N.J.S.A. 39:4-50.4(a). The court concluded in these appeals that prosecutions under the statute can be brought only if the act of driving while suspended occurs ...

NJ Senate approves change to DWI Law and require interlock machine on car but permit DWI defendants to drive after having the machine installed. NJ Senate on February 5 voted 29-4 to change the DWI Law to require a car interlock device SENATE Bill No. 385 is now being submitted to the Governor for signature. The Assembly approved the bill in June, 2014. This bill revises the penalty provisions for various drunk driving offenses, particularly making changes concerning the use of, and applicable time periods covering, driver’s license suspensions and installations of ignition interlock devices on motor vehicles owned or operated by these ...

Proposed amendments to DWI Law and car interlock law SENATE Bill No. 385 with committee amendments DATED: OCTOBER 27, 2014 The Senate Budget and Appropriations Committee reports favorably, Senate Bill No. 385 (SCS), with committee amendments. As amended, this bill revises the penalty provisions for various drunk driving offenses, particularly making changes concerning the use of, and applicable time periods covering, driver’s license suspensions and installations of ignition interlock devices on motor vehicles owned or operated by these drivers. Drunk Driving Concerning the offense of driving under the influence ...