Tuesday, December 12, 2017

39:4-128.1 School buses stopped for children; duty of motorists; duty of bus driver; violations; revocation of license


www.njlaws.com/passing_school_bus.html
 Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. 39:4-128.1
39:4-128.1  School buses stopped for children; duty of motorists; duty of bus driver; violations; revocation of license  
 
   1.   On highways having roadways not divided by safety islands or physical traffic separation installations, the driver of a vehicle approaching or overtaking a bus, which is being used for the transportation of children to or from school or a summer day camp or any school connected activity, or which is being used for the transportation of a person who has a developmental disability, and which has stopped for the purpose of receiving or discharging any child or a person who has a developmental disability, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child or person who has a developmental disability has entered said bus or has alighted and reached the side of such highway and until a flashing red light is no longer exhibited by the bus; provided, such bus is designated as a school bus by one sign on the front and one sign on the rear, with each letter on such signs at least four inches in height.

   On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle overtaking a school bus, which has stopped for the purpose of receiving or discharging any child or any person who has a developmental disability, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child or person who has a developmental disability has entered said bus or has alighted and reached the side of the highway and until a flashing red light is no longer exhibited by the bus.

   On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle on another roadway approaching a school bus, which has stopped for the purpose of receiving or discharging any child, or any person who has a developmental disability shall reduce the speed of his vehicle to not more than 10 miles per hour and shall not resume normal speed until the vehicle has passed the bus and has passed any child who may have alighted therefrom or be about to enter said bus.

   For purposes of this section, "highway" means the entire width between the boundary lines of every way whether publicly or privately maintained when any part thereof is open to the public for purposes of vehicular travel.

   Whenever a school bus is parked at the curb for the purpose of receiving children directly from a school or a summer day camp or any school connected activity or discharging children to enter a school, or a summer day camp or any school connected activity, which is located on the same side of the street as that on which the bus is parked, drivers of vehicles shall be permitted to pass said bus without stopping, but at a speed not in excess of 10 miles per hour.

   Whenever a school bus is parked at the curb for the purpose of receiving or discharging a person who has a developmental disability on the same side of the street as that on which the bus is parked, drivers of vehicles shall be permitted to pass the bus without stopping, but at a speed not in excess of 10 miles per hour.

   The driver of a bus which is being used for the transportation of children to or from school or a summer day camp or any school connected activity, or for the transportation of a person who has a developmental disability shall continue to exhibit a flashing red light and shall not start his bus until every child who may have alighted therefrom shall have reached a place of safety.

   Any person who shall violate any provision of this act shall be subject to (1) a fine of not less than $100.00, (2) imprisonment for not more than 15 days or community service for 15 days in such form and on such terms as the court shall deem appropriate, (3) or both for the first offense, and a fine not less than $250.00, imprisonment for not more than 15 days, or both for each subsequent offense.  The penalties shall be enforced and recovered pursuant to the provisions of chapter 5 of Title 39 of the Revised Statutes.  There shall be a rebuttable presumption that the registered owner of the vehicle which was involved in the violation of this section was the person who committed the act. Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of $100.

   The Chief Administrator of the Motor Vehicle Commission may also revoke the license to drive a motor vehicle of any person who shall have been guilty of such willful violation of any of the provisions of this act as shall, in the discretion of the chief administrator, justify such revocation, but the  chief administrator shall, at all times, have power to validate such a license which has been revoked, or to grant a new license to any person whose license to drive a motor vehicle shall have been revoked pursuant to this act.
Copyright 2018 Vercammen Law
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
www.njlaws.com


Sunday, November 26, 2017

Supreme Court Guidelines on Electronic Devices in the Courtroom [iPhone, iPad, cell phone]

Supreme Court Guidelines on Electronic Devices
in the Courtroom   [iPhone, iPad, cell phone]


Promulgated by
Directive #08-14
Effective Feb. 2, 2015

Promulgated by Directive #08-14 Effective Feb. 2, 2015

General Considerations:
A. Goals
The goals of the Supreme Court Guidelines on Electronic Devices in the Courts (“guidelines”) are
to provide public access to the courts while ensuring fairness to litigants;
to acknowledge the existence of new technology and to permit its use in and around a courthouse, subject to restrictions;
 _to avoid delay or interference in court proceedings and to maintain appropriate courtroom decorum.

B. Rationale
Advances in technology have provided not only traditional journalists but also members of the general public with access to a variety of easily portable electronic devices that can be used to capture news, photographs and/or video. Gone are the days of notebooks and sketchbooks used by reporters and court-room artists. Those tools have been replaced with smart phones and computer tablets, which, together with new forms of media outlets, have changed the concept of who is a journalist. Courts should not, in administering guidelines regulating the use of electronic devices in and around courthouses, be required to determine who qualifies as a journalist. Rather, courts should focus on the uses to which such devices are put. The pervasiveness of new electronic devices, and their availability to traditional journalists, bloggers, new age journalists and the general public, requires courts to implement guidelines governing the use of electronic devices in and around a courthouse, so that their use does not compromise fairness to litigants, efficiency in court proceedings and/or appropriate courtroom decorum.
C. Applicability
These guidelines apply to proceedings in the Supreme Court, Appellate Division, Superior Court, Tax Court and Municipal Court. Whenever these guide-lines refer to a decision to be made by “the court,” such decision shall be made by the chief justice or the Supreme Court clerk for matters in the Supreme Court; by the presiding judge for administration or the Appellate Division clerk for matters in the Appellate Division; by the assignment judge for the vicinage where the court facility is located or by a judge designated by the assignment judge for matters in Superior Court; by the presiding judge of the Tax Court for matters in the Tax Court; and by the presiding judge or a judge designated by the presiding judge for municipal court matters.
Section I. Possession and Use of Electronic Devices
As utilized in these guidelines, the term “electronic device” means any device, including any portable device, that has the capability to transmit, broadcast, record and/or take photographs and also includes any other similar electronic devices whether now in existence or later developed (hereinafter “electronic device”).

1

Promulgated by Directive #08-14 Effective Feb. 2, 2015

As utilized in these guidelines, the term “electronically record” means the audio and/or video recording of events by means of an electronic device (hereinafter “electronically record” and/or “electronically recording” and/or “electronic recording (s)).”
A. Courthouse Grounds, Environs and Ceremonies
Except as otherwise provided in these guidelines, the use of electronic devices for any purpose, including photography, electronic recording, broadcasting and/or transmitting, on the grounds outside the courthouse shall be permitted. However, individuals are cautioned to seek appropriate approval from facility security authorities and/or the owner of such facility before doing so including, but not limited to, the county sheriff’s department.
In cooperation with appropriate facility security authorities, the court will take appropriate measures to ensure that the entrances and exits to the courthouse are kept clear in order that all participants in proceedings may enter and leave the courthouse safely and without undue interference.
Permission for all audio and visual coverage of ceremonial proceedings involving the Judiciary must first be obtained from the court subject to compliance with these guidelines.
B. Common Areas of the Courthouse
While in common areas of a courthouse, all persons are permitted to possess and use an electronic device for any purpose other than to take photographs, electronically record and/or broadcast. Such permitted use is subject to further reasonable restrictions by the court and/or facility security authorities and/or facility owners, on the time, place and manner of such use that are appropriate to maintain safety, decorum and order.
A “Requestor,” as that term is defined in Section I(C)(2)(a) infra, who has obtained the required court permission to photograph, electronically record, broadcast and/or transmit a court proceeding, is permitted to use an electronic device to photograph, electronically record, broadcast and/or transmit photo-graphs, video and/or audio of persons in the common areas of the courthouse, provided that any person that the requestor seeks to photograph, electronically record, broadcast and/or transmit, (1) is involved in the court proceeding for which the requestor has obtained court permission to photograph, electronically record, broadcast and/or transmit, (2) is a person whose photograph, electronic recording, broadcast and/or transmission is not otherwise prohibited by these guidelines or by court order, and (3) consents to being photographed, electronically recorded, broadcasted and/or transmitted when in the common areas of the courthouse. Any violation of these guidelines may be addressed by the judge presiding over the proceeding for which the requestor obtained or failed to obtain permission to photograph, electronically record, broadcast and/or transmit.

2

Promulgated by Directive #08-14 Effective Feb. 2, 2015

C. Inside the Courtroom
(1) Agreement for the Use of Electronic Devices

(a) Agreement Required Before Use of Electronic Device in Courtroom. Be-fore a person may operate an electronic device in a courtroom, the person must execute an agreement for the Use of Electronic Devices ("agreement") and submit the executed agreement to the trial court administrator or his/her de-signee, if in the Superior Court law or chancery division, Municipal Court or Tax Court, or to the clerk of the court, if in the Appellate Division or Supreme Court, to be dated and filed. A form of such agreement is attached to these guidelines as Exhibit A.
(b) Obtaining and Submitting an Agreement. This agreement shall be accessible on the Judiciary website, njcourts.com. An executed agreement may be submitted electronically to the trial court administrator or his/her designee, if in the Superior Court law or chancery division, Municipal Court or Tax Court, or to the clerk of the court, if in the Appellate Division or Supreme Court. The appropriate email addresses shall be accessible on the Judiciary website. An executed agreement may also be submitted via mail or hand delivery to either the trial court administrator or clerk of the court, or their designee.
A copy of the executed agreement signed and dated by the trial court administrator or the clerk of the court, or their designee, or evidence of same, shall be returned to the person and shall be in the possession of the person at all times when in the courtroom and shall on request of the court be produced to the court for examination. Displaying a copy of the filed agreement, or evidence of same, upon an electronic device shall satisfy this requirement, provided that such electronic device is capable of transmitting a copy of such agreement via email to the court upon request.
(c) Duration of Agreement. The agreement shall be valid for a one-year period from the date of filing, provided all information set forth on the agreement shall remain complete and accurate during that period.
(d) Permitted Uses Upon Execution and Filing of Agreement. A person with a valid agreement may use an electronic device inside a courtroom to silently take notes and/or transcribe and receive communications and information, without obtaining prior authorization from the court. The court may prohibit or further restrict use of electronic devices used to transcribe, transmit and receive communications and information, if such use interferes with the ad-ministration of justice, poses a threat to safety or security, or compromises the integrity of the proceedings.
(e) Violation of Agreement. Violation of the agreement shall subject the per-son to such sanctions as the court may deem appropriate including, but not limited to, contempt of court.


Friday, November 24, 2017

Defense by Affidavit or Certification Program - We Go to Court if You Live Out of Area or Cannot Appear for Court


DEFENSE BY AFFIDAVIT OR CERTIFICATION PROGRAM - WE GO TO COURT IF YOU LIVE OUT OF AREA OR CANNOT APPEAR FOR COURT
Our office helps people with traffic/ municipal court tickets. We provide representation on most Central New Jersey traffic cases. Motor vehicle violations and criminal charges can cost you. If you plead guilty by mail for almost all traffic tickets, in addition to fines you will later receive points on your driver’s license. Both the DMV and your car insurance company will impose surcharges and eligibility points for three years.
If you live out of New Jersey or will be traveling outside of New Jersey, contact our Law Office regarding us providing representation under the Defense by Certification Rule.
Under the New Jersey Court Rules, a New Jersey Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points, obtain dismissal of some tickets and provide other assistance. By reducing points and penalties you can reduce increases in your car insurance and surcharges.
An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. Division of Motor Vehicles or have your license suspended. Don't give up! We can appear in court for you on most Central New Jersey traffic violations.
The following are tickets we have handled without our clients having to appear because they were not available. Our attorneys can appear on your behalf without you having to go to court on the following matters: Violation Points 27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 2
# 27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 4
# 27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway 2
# 39:3-20 Operating constructor vehicle in excess of 45 mph 3
# 39:4-14.3 Operating motorized bicycle on restricted highway 2
# 39:4-14.3d More than 1 person on a motorized bicycle. 2
# 39:4-35 Failure to yield to pedestrian in crosswalk. 2
# 39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk 2
# 39:4-41 Driving through safety zone. 2
# 39:4-52 Racing on Highway 5
# 39:4-55 Improper action or omission on grades and curves 2
# 39:4-57 Failure to observe directions of officer. 2
# 39:4-66 Failure to stop before crossing sidewalk 2
# 39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway 2
# 39:4-66.2 Driving on private property to avoid traffic signal or stop sign 2
# 39:4-71 Improper driving on sidewalk 2
# 39:4-80 Failure to obey direction of officer 2
# 39:4-81 Failure to observe traffic signal 2
# 39:4-82 Failure to keep right 2
# 39:4-82.1 Improper operating of vehicle on divided highway or divider 2
# 39:4-83 Failure to keep right at intersection 2
# 39:4-84 Failure to pass right of vehicle proceeding in opposite direction 5
# 39:4-85 Improper passing on right or off roadway 4
# 39:4-85.1 Wrong way on one-way street 2
# 39:4-86 Improper passing, in No Passing zone 4
# 39:4-87 Failure to yield to overtake vehicle 2
# 39:4-88 Failure to observe traffic lanes 2
# 39:4-89 Tailgating 5
# 39:4-90 Failure to yield at intersection 2
# 39:4-90.1 Failure to use proper entrances to limited access highway 2
# 39:4-91, Failure to yield to emergency vehicle 2
# 39:4-96 Reckless driving 5
# 39:4-97 Careless driving 2
# 39:4-97a Destruction of agricultural or recreational property 2
# 39:4-97.1 Slow speed blocking traffic 2
# 39:4-98 or Speeding up to 14mph above limit 2
# 39:4-99 Speeding 15-29 mph above limit 4
# Speeding 30 mph or more above limit 5
# 39:4-105 Failure to stop at traffic light 2
# 39:4-115 Improper turn at traffic light 3
# 39:4-119 Failure to stop at flashing red signal 2
# 39:4-122 Failure to stop for police whistle 2
# 39:4-123 Improper right or left turn 3
# 39:4-124 Improper turn: from approved turning course 3
# 39:4-125 Improper u-turn 3
# 39:4-126 Failure to give proper signal 2
# 39:4-127 Improper backing or turn in street 2
# 39:4-127.1 Improper crossing of railroad grade crossing 2
# 39:4-127.2 Improper crossing of bridge 2
# 39:4-128 Improper crossing of railroad grade crossing by certain vehicles 2
# 39:4-128.1 Improper passing of school bus 5
# 39:4-128.4 Improper passing of frozen dessert truck 4
# 39:4-129 Leaving scene of accident- No injuries 2
# 39:4-129 Personal Injury 8
# 39:4-144 Failure to observe of stop or yield signs 2
Please call us immediately if you need experienced legal representation in a traffic/municipal court matter. Kenneth Vercammen, Esq. Former Prosecutor for the Cranbury Municipal Court from 1991-1999, and Author Municipal Court Winning Strategies.

Upon request, we provide all potential clients with :
1. Our Written Agreement to Provide Municipal Court Legal Services 2. Municipal Court Information Sheet
We request all potential clients fill out the Municipal Court Information Sheet and return to our office immediately. You also need to fax or mail us: 1. Copies of the ticket and any hearing notice. 2. A check or money order. You can also pay by Visa, Master Charge or American Express over the phone and by fax. You should keep the Agreement to Provide Legal Services for your records. Once we receive the fee paid we will prepare a Letter of Representation to the Court, Prosecutor and you. We recommend our clients meet with us once prior to the court date.
After we are retained [paid], we will draft the Defense by Certification for our client. The Certification will need: 1 - Municipal Court Name 2 - Traffic Ticket Summons # 3 - Statute 4 - Name of Offense 5 - Defendants Address
In our detailed Court Certification, the client will need to indicate to the court the following: It would be an undue hardship for me to appear in person for trial. I understand my right to a reasonable postponement and waive my right to be present at the trial. I understand that if I plead NOT GUILTY, the judge will hear the testimony of the complainant or other witnesses. If I plead GUILTY, the judge may hear such testimony. I agree to abide by the judgment of the court. I understand that if convicted, for other than a parking offense, a record of same will be sent to the Division of Motor Vehicles, which issued my license.
Our client authorizes us to enter a plea to a lower point violation. Our Law Office will prepare the Defense by Certification and mail it to our client.
Our clients must read the Defense by Certification carefully. If you need to make any changes, make the changes in ink on the form directly. You must immediately sign in front of a notary and return it to our office. If the hearing date is less than 10 days away, we recommend you send the signed Certification by Federal Express or UPS.
CALL THE COURT AFTER THE HEARING DATE
On the day of the court session or next morning, you should call the court directly to determine the specific reduced charge and the total fine and cost. You should also ask the court who your check should be made payable to and the address for mailing. Do not call our office since we do not have complete details on fines and addresses. You must pay the complete fines within 5 days. Fees. Fees can be paid by VISA, Master Card, American Express, check, money order or cash. Make checks payable to Kenneth Vercammen PC.
Representation/ What We will do for you in Defense by Certification Case. We will review and research necessary statutes and caselaw, contact the prosecutor, prepare defenses and determine mitigating factors.
1. Telephone consultation with client; 2. Office consultation with client, if requested; 3. Offer sound legal advice to client, plus access to our legal info website NJLaws.com 4. Preparation of letter of representation to Municipal Court; 5. Preparation of letter of representation to Municipal Court Prosecutor; 6. Preparation of statement to provide legal services; 7. Copies of all correspondence to Court and Prosecutor to client; 8. Opening of file. If client comes to our office, they may have a free client case folder, Municipal Court brochure, DMV points brochure, and Website brochure; 9. Review of necessary statutes and case law; 10. Draft Defense by Certification Pleading 11. Mail or fax Defense by Certification Pleading to client 12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases; 13. Review documents supplied by client and court; 14. Travel to Municipal Court; 15. Negotiations with the Prosecutor and Representation in Municipal Court. 16. Preparation of End of Case Letter and client questionnaire. 17. Free Brochures provided on other legal topics such as Workers Comp, Wills, Personal Injury 18. Free subscription to monthly e-mail newsletter. Provide your email address. 19. Follow up telephone advice [If you call, provide the specific questions with the message]. 20. Invitation to client socials/ seminars and Community events via email. 21. Hold and maintain file for seven years in storage as free client service.
Other Legal Services Available. You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. Additional services or work must be paid for. Without such agreements, the Law Firm is not required to do any additional work or any of the following: (a) Provide any legal services after the decision of the trial court; (b) Appeal any decisions of the trial court or make additional appearances after appearing in Court; (c) provide other legal services or advice not set forth above; or (d) Represent you in any other court or Tribunal
Your Responsibility- Please read carefully and follow instructions to help us help you
1.    You must fully cooperate with the Law Firm and provide all information relevant to the issues involved in this matter. This includes providing details on what you told the police and court. 2 You must notify the court and the law office immediately if your address or phone numbers change. 3 Under the NJ Rules of Professional Conduct and Court Rules, we cannot send a letter of representation to the court until the Retainer is paid. All fees and requirements under this written retainer agreement and any other written documents must be complied with. Failure to comply with all requirements shall permit the law office to withdraw its offer of representation. The Law Firm will also withdraw at your request. You must advise our office and the Court in writing. 4 Pay your fines immediately. 5. If you call, you must provide your questions to our receptionist

Source (R. 7:12-3 and R. 7:6-3