NJ Laws Email Newsletter E332-New articles, ABA newsletters and Community events

NJ Laws Email Newsletter E332 April 14, 2010 1. Reminder: WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR Â Â Friday, April 16 12:15pm [Lunch & Law] Fee: no cost, includes sandwiches, soda, snacks and Brochures on Wills, "Probate and Administration of an Estate", Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts. COST: Free if you pre-register. This program is limited to 15 people. Complimentary Sandwiches to pre-registered persons prior to program. Email: kenvnjlaws@verizon.net

2. Refusal does not merge into DWI. State v Eckert 410 NJ Super. 389 (App. Div. 2009) A conviction for refusal to submit to a breath examination cannot be merged with a DWI conviction. Such a plea agreement violated applicable merger principles as well as the Courts Guidelines for Operation of Plea Agreements in the Municipal Courts of New Jersey. 3. Alcotest readings do not need to be truncated to four decimals. State v Rivera 411 NJ Super. 492 (App. Div. 2010) Â Â Â Â Â Â Reviewing defendants challenge to the admission of Alcotest results relied upon to support a per se violation of N.J.S.A. 39:4-50, the court rejected a suggested methodology requiring the State to truncate the intermediate calculations of the relative and absolute upper tolerance limits when discerning whether the Alcotest readings obtained were valid. The court concluded the Supreme Court in State v. Chun 194 N.J. 54, cert. denied, 129 S. Ct. 158, (2008) expressed no preference for truncating the various interim calculations on Worksheet A, which would have the resultant effect of lowering the range of tolerance below that approved by the Court with the concomitant result of falsely increasing the number of invalid Alcotest results, precluding justifiable prosecutions for per se violations of N.J.S.A. 39:4-50. 4. Next events: April 17, 2010 Jersey Shore Relay For Special Olympics From Seaside Heights To Asbury Park 732-681-9464 free beer! If you cant run, you can volunteer or pay to go to party. April 18, 2010 Rutgers Unite ½ marathon 8am April 24, 2010 Join the Jersey Shore Animal Center Saturday, April 24th, 2010 for the 1st Annual Beach to Bay 5K benefiting the Jersey Shore Animal Center. The 5K will begin and end at Brick Beach 3, Route 35 North, Brick and ample free parking is available. Registration per runner is $20.00 until April 14th and $25 thereafter. T-shirts will be giving to the 1st 200 registered runners. Check-in starts at 7:30AM and the run will begin at 8:30AM For more information, please check out the Jersey Shore Animal Center website, or contact (732) 920-1600. April 25, 2010 Franklin Food Bank 40 mile bike Sunday April 25, 2010 Bishop Ahr HS 40th Anniversary Mass And Champagne Lunch Mass 2pm Celebrant Reverend Monsignor Richard Brietske (First principal of our school) Followed by Champagne Luncheon Catanzaro Gym Proceeds to benefit Saint Thomas Aquinas Wing $50.00 per person Reservations please call 732.549.1108 x 605 5. Kenneth Vercammen, Edison Attorney and John Menzel Esq. were selected as 2010 NJ Super Lawyer in the Criminal Law- DWI section. Of over 79,00 attorneys in New Jersey, only five were selected as Super Lawyers in the Criminal Law- DWI category. HOW SUPER LAWYERS ARE SELECTED Bar associations and courts across the country have recognized the legitimacy of the Super Lawyers selection process. Most recently, the New Jersey Supreme Court upheld the findings of a Special Master assigned by the court to, among other things, examine the details of our process. In his July 2008 report, the Special Master lauded our process, stating: "[The Super Lawyers selection process] is a comprehensive, good-faith and detailed attempt to produce a list of lawyers that have attained high peer recognition, meet ethical standards, and have demonstrated some degree of achievement in their field." "Suffice to say, the selection procedures employed by [Super Lawyers] are very sophisticated, comprehensive and complex." "It is absolutely clear from this record that [Super Lawyers does] not permit a lawyer to buy ones way onto the list, nor is there any requirement for the purchase of any product for inclusion in the lists or any quid pro quo of any kind or nature associated with the evaluation and listing of an attorney or in the subsequent advertising of ones inclusion in the lists." OVERVIEW Super Lawyers selects attorneys using a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in the selection of a lawyer, we limit the list to attorneys who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys. The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area. Only 5 percent of the lawyers in each state or region are named Super Lawyers. http://www.njlaws.com/superlawyer.htm 6. 2009-2010 SBHS Wrestling Team was Named Most Improved Team group III & IV by the GMC Wrestling Coaches Association. Chad Capraro, Justin Lopez, Frankie Capraro, James Pagano, Justin DeAndrea, and Jeff Goldhagen all received an Honorable Mention and Brendan Vercammen was named to the First Team and the Coaches Association all GMC Team. The GMC award dinner is scheduled for April 20, 2010 at the East Brunswick Elks. South Brunswick Athletic Director Elaine McGrath will be awarded the "Dedicated Service to Wrestling Award". If anyone is interested in attending contact Coach Dougherty. Brendan Vercammen will also receive the Flanagan Scholar Athlete award From Home News: HNT All-Area First Team Wrestling Mar 27, 2010 | By GREG TUFARO STAFF WRITER BRENDAN VERCAMMEN SOUTH BRUNSWICK Year: Senior Highlights: The senior became South Brunswicks third state medal winner in as many years with a 3-2 victory over Plainfields Dawud Hicks in the 171-pound fifth-place final. Vercammen ranks third all-time in victories at South Brunswick with a 97-21 career record. He posted a 37-4 mark this season. Vercammen won titles at the District 20, Greater Middlesex Conference and Mustang Classic tournaments. He finished second at the Region V Tournament. Last year, Vercammen won a region title, a district title and placed second in the GMCT. Vercammen wrestled with an intellect that matched his physical strength, according to his coaches. Source: HNT All-Area First Team Wrestling 7. PROFESSIONAL OFFICE SPACE IS AVAILABLE IN EDISON LAW OFFICE. Excellent space for an Attorney, Financial Planners, Accountant, Insurance Agents, and other Business Professionals as a 2nd location or location to meet clients in Edison. The offices are located on the 1st floor of the building. connecting office approx 12.4 x 9.4 plus client use of reception room 16.6 x 7.2 $700 per month Owner of building is local attorney, Kenneth Vercammen who handles Personal Injury, Elder Law, and Criminal Law. Available May 1.