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.

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Kenneth Vercammen & Associates, P.C,

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Sunday, February 28, 2021

Springsteen should never have been charged with DWI.

 Springsteen should never have been charged with DWI.

        

         The breath machine reading was only a .02- similar to drinking half a can of Bud Light. 

            In the case of United States of America vs. Bruce Springsteen, the singer was formally charged by an overzealous ranger with operating a vehicle while under the influence of alcohol [DWI] , reckless driving, and consuming alcohol in a closed area. 

       Adam Baker, Assistant U.S. Attorney for the government, admitted that pertaining to the DWI and reckless driving charges, the government “cannot sustain its burden of proof.”

      The DWI should never have been filed since there was no complete proof of a violation of the DWI law 39:4-50. (a) A person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle the person owns or which is in the person's custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood 

Springsteen also should not have been charged by the Ranger with    Reckless driving, since the statute reads:   “A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property.”

      There was no evidence of driving a  vehicle heedlessly, in willful or wanton disregard. 

 

          US  Magistrate Judge Montone overseeing the case noted, up until three summers ago, alcohol consumption was allowable at the Sandy Hook, New Jersey, park.

     

    Springsteen agreed to plead guilty to simple consuming alcohol in a closed area — during the hearing, Springsteen admitted to having “two small shots of tequila that was offered by fans he met in the park” — at the Gateway National Recreation Area.

         

More at

https://www.rollingstone.com/music/music-news/bruce-springsteen-arrest-1127186/