Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law 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. He is Co Chair of the ABA Criminal Law Committee, GP and was a speaker at the ABA Annual Meeting. To schedule a confidential consultation, call us or New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm

Kenneth Vercammen & Associates, P.C,

2053 Woodbridge Avenue,

Edison, NJ 08817,

(732) 572-0500,

www.njlaws.com

Tuesday, December 6, 2011

NJ Laws Email Newsletter E381

NJ Laws Email Newsletter E381
Kenneth Vercammen, Attorney at Law

November 30, 2011

Office Phone Number:

(732) 572-0500

www.njlaws.com

In This Issue:

1. Revised Invite and Room Location for Kenneth Vercammen's

Christmas Party and Holiday Happy Hour, Friday, December 2, 2011.

2. Recent Cases: No Exception to Search Warrant for "Nuisance Abatement."

3. Injured DWI driver not barred from Suing Tavern for Dram Shop Violation

4. Freezing Cold Hash Run January 7, 2012

5. Holiday Gift Idea ........Gift Certificates for Wills or Power of Attorney

6. What You Should Know about Organ Donation in Your Living Will.




Greetings Kenneth Vercammen,

1. Revised Invite and Room Location for Kenneth Vercammen's Christmas Party and Holiday Happy Hour, Friday, December 2, 2011.

Free for both invited guests and their friends

5-8PM Hot & Cold Buffet with carving station on 1st floor

Our Happy Hour is 6-7PM with $1 House Drinks, Bud / Bud Lt draft & House Wine Specials [need special wrist band from Ken V]

We will now be in the upstairs room called the Mezz at Bar Anticipation. There are steps leading upstairs, prior to the back bar called the Mahogany Room. With your wristband you can get drinks at any bar 6-7pm.

This event is open to your friends. If you are attending, email Ken's Law Office so we can put your name on the list for wristbands. VercammenLaw@Njlaws.com

Bring a canned food donation for the St. James Food Bank Hands of Hope.

Bar Anticipation

703 16th Avenue

Lake Como/ Belmar, NJ 07719

2. Recent Cases: No Exception to Search Warrant for "Nuisance Abatement." State v. Kaltner 420 NJ Super. 524 (App. Div. 2011)

There is no broad "nuisance abatement" exception under the community caretaking doctrine to the general rule that warrantless entries into private homes are presumptively unreasonable. In assessing the constitutional tolerance of entry into and search of a home in response to a noise complaint, we employ the "objectively reasonable test," balancing the nature of the intrusion necessary to handle the perceived threat to the community caretaking concern, the seriousness of the underlying harm to be averted, and the relative importance of the community caretaking concern.

The court holds the test was not met where police officers, responding in the early morning hours to a noise complaint, lawfully entered the home, but thereafter fanned out and searched the entire residence for someone in control, while other less intrusive options were available and no compelling need was presented.

_______________________________

3. Injured DWI Driver Not Barred from Suing Tavern for Dram Shop Violation. Voss v. Tranquilino 206 NJ 93 (2011)

The judgment of the Appellate Division was affirmed substantially for the reasons expressed in Judge Lisa's opinion.

The bar to litigation in N.J.S.A.39:6A-4.5(b) can coexist with the Dram Shop Act's deterrence and liability-imposing principles. An intoxicated person is deterred from driving drunk by losing the right to sue under Title 39 for insurance coverage for his injuries. On the other hand, permitting an injured drunk driver to file an action against a liquor establishment and its servers for serving a visibly intoxicated patron similarly advances the goal of deterring drunk driving. In allowing the latter form of action to proceed, rather than barring it by N.J.S.A. 39:6A-4.5(b), the application of established principles of comparative negligence will apportion properly the responsibility for damages as between dram shop parties and the injured driver.

4. Freezing Cold Hash Run January 7, 2012

The Annual Freezing Cold Hash Run will be on Saturday, January 7, 2012 at 10am. This is a non-competitive group run on woods, trails and marsh in Edison. The run's registration and pre event refreshments are at Kenneth Vercammen's Law Office.

Hashing is not a race but a non-competitive group run. Participants follow a trail of White Flour as hash marks. If you see white baking flour marks on circles on Edison streets on January 5, 6 & 7, don't be alarmed, that is part of the trail. This event is open to the public age 21 and over. All participants are requested to bring a canned food donation for the St. James Food Pantry on Woodbridge Ave.

We also need volunteers. Please call 732-572-0500 you would like to help out or if you have any questions. More details on the hash run at:

http://www.njlaws.com/FREEZING_COLD_HASH_RUN.htm.

5. Holiday Gift Idea......... Gift Certificates for Wills or Power of Attorney

During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift, which truly shows how much you care. Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done.

The Law Office of Kenneth Vercammen's Holiday special includes:

*A Simple Will without Trust

* Follow up legal advice

*A 2-year subscription to the NJ Laws Email News

- All for only $350.00! -

Call 732-572-0500 for the Gift Certificate

Details on Wills:

http://www.njlaws.com/wills.htm

Power of Attorney:

http://www.njlaws.com/power_of_attorney.htm

6. What You Should Know about Organ Donation in Your Living Will.

When planning your estate, spend some time thinking about whether you want to donate your remains to help another individual or to further medical research. Putting that intent in writing can be a great help to the loved ones you leave behind.

Organ Donation wishes should be included in your Living Will Advanced Directive.

What are the options?

Transplantation: Successful organ and tissue transplant are more common than ever before. Doctors have success using donations to save the lives of people whose organs have been damaged through trauma or disease.

Education or Scientific Research: Perhaps you want to help eradicate a debilitating disease or medical condition. Or maybe you believe that medical students should have the opportunity to study and learn from a body with the conditions you possess. If so, you may want to donate your entire body for research and instruction.

Most medical schools need such donations. These institutions do not accept bodies from which organs have been removed. Each institution has other specific criteria that it uses to determine whether a donation can be accepted.

After the medical school has used a donated body for study or instruction, it will generally cremate and bury, or scatter, the ashes in a specified plot. However, the remains can be returned to family members for burial - usually within a year or two. An attorney can help draft a document that specifies your intentions in this area.

SOURCE: kbowman@bizactions.com


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