Kenneth Vercammen is a Middlesex County Trial Attorney who has published 130 articles in national and New Jersey publications on Criminal Law, Probate, Estate and litigation topics.

He was awarded the NJ State State Bar Municipal Court Practitioner of the Year.

He lectures and handles criminal cases, Municipal Court, DWI, traffic and other litigation matters.

To schedule a confidential consultation, call us or New clients email us evenings and weekends via contact box www.njlaws.com.

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500

Tuesday, June 21, 2011

Drug DWI Still Needs More than Lay Opinion, but Police Can Testify. State v. Bealor 187 NJ 574 (2006)-New articles, ABA newsletters & Community events

Drug DWI Still Needs More than Lay Opinion, but Police Can Testify. State v. Bealor 187 NJ 574 (2006)

Although evidentially competent lay observations of the fact of intoxication are always admissible, lay opinion in respect of the cause of intoxication other than from alcohol consumption is not admissible. However, competent lay observations of the fact of intoxication, coupled with additional independent proofs tending to demonstrate a defendant's consumption of narcotic, hallucinogenic, or habit-producing drugs as of the time of his arrest, constitute proofs sufficient to allow the fact-finder to conclude that defendant was intoxicated beyond a reasonable doubt and thus to sustain a conviction for driving under the influence in violation of N.J.S.A. 39:4-50. Source: Facts-on-Call Order No. 93118 .
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