E379 NJ Laws Email Newsletter

Greetings Kenneth Vercammen,

1. You are invited to Ken Vercammens Christmas Party and Holiday Social,Friday, December 2, 2011 5:00PM - 7:00PM Bar Anticipation Where Summer Never Ends 703 16th Avenue Lake Como/ Belmar, NJ07719 Free for both invited guests and their friends 5-8PM Hot & Cold Buffet with carving station $1.00 Drafts 6-7PM [need special wrist band from Ken V] We are located in the back room past the stage, called the Mahogany Room, near the outdoor bar. This event is open to your friends. If you are attending, email Kens 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.   Free gifts to clients & friends. The following will be given out: Coffee Travel Mugs Yellow T-Shirt My attorney fights to win Can Coozies Water Bottle Stadium Cup Magnet clip Band-Aid holders Candy/ breath mints Fish cards More details at: http://www.facebook.com/event.php?eid=175941519154087 New Cases: 2. DP May Require Forfeit of Public Office.State v. Kennedy419 NJ Super. 475 (App. Div. 2011) The offense of tampering with physical evidence is an offense involving dishonesty, which requires the forfeiture of public office or employment under N.J.S.A. 2C:51-2(a)(1). 3. New Expert Testimony Requires Testimony of Acceptability and Reliability.State v. Pittman419 NJ Super. 584 (App. Div. 2011) New Jersey has not considered the admissibility in a criminal case of the results of the phenolphthalein presumptive test for the presence of blood on a person or object or any other presumptive test utilized for that purpose. Nonetheless, in this case, evidence of a positive result was introduced, without objection, by a police detective with no prior experience in conducting the test and no understanding of how it functioned or of the possibility of false positive results occurring as the result of the presence of substances other than blood. The court found the introduction of the test results to constitute reversible error, and in the course of our discussion of the issue, canvassed precedent from other states discussing the conditions for admissibility of the phenolphthalein test and other presumptive tests for the presence of blood. 4. DWI Reversed, Pause at a Green Light Not Sufficient to Stop Car.State v. BrackinA-5994-09T2 Unreported. Plaintiffs pause at a green light of about 10 sections before proceeding through the intersection was not sufficient length to have raised community caretaking concerns, particularly since defendants driving after beginning to go through the light was unexceptional, and the police did not have sufficient probable cause to stop defendants car. His conviction for driving while intoxicated is reversed. Source:dailybriefing@njsbanjldailybriefing.com5-05-11 5. Next Events: 11/6/11 RUN with the VIKINGS 5K 10:00AM South Brunswick High School, Bob Tonas good event 11/13/11 Hashathon 6.6 Mile Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090 11am 2011 Municipal Court College Mon, Nov. 14, 2011 5:30 PM - 9:00 PM New Jersey Law Center, New Brunswick 11/19/11 Manasquan Turkey Trot 5-mile Manasquan 11am party at taverns after race discount beer 11/25/11 Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern 11am 11/26/11 Rumson hash annual Crazy Eddie memorial trail run, not race 10:17 call for secret location732-219-0301 11/27/11 Navesink Challenge 15k and 5k, Middletown, NJ 732-542-6090 Quality JSRC event 10:00 AM Free beer at Firehouse after event 11/29/11 Jersey Shore Runners Club meeting, snacks and beers provided Deal Firehouse, 7pm, followed by Freezing Cold Hash helpers meeting. Editorial Assistance provided by Bobbi Asper. Ms. Asper is currently a senior at Rutgers University and is participating in our Fall Internship Program. For more information please visit  http://www.njlaws.com/E379.html?id=2810&a=