Sunday, September 09, 2018

Metuchen court and Edison Municipal Court 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
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 drivers 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 Affidavit 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 Affidavit for our client. The Affidavit will need: 1 - Municipal Court Name 2 - Traffic Ticket Summons # 3 - Statute 4 - Name of Offense 5 - Defendants Address
In our detailed Court Affidavit, 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 Affidavit and mail it to our client.
Our clients must read the Defense by Affidavit 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 Affidavit 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 Affidavit 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 Affidavit Pleading 11. Mail or fax Defense by Affidavit 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

Monday, August 13, 2018

Supreme Court to Consider Dismissal of Old Municipal Court Warrants in Minor Matters


Supreme Court to Consider Dismissal of Old Municipal Court Warrants
in Minor Matters  July 19, 2018
Chief Justice Stuart Rabner today issued an order that sets up hearings to consider the dismissal of unresolved cases involving minor municipal offenses more than 15 years old. The order was filed on behalf of the Supreme Court.
A review by the Administrative Office of the Courts found hundreds of thousands of cases involving minor municipal offenses remain open and have not been prosecuted. There are, for example, 787,764 open warrants from 1986 to 2003 for failure to appear in cases that include parking violations, minor motor vehicle offenses and local ordinance violations. Among them are355,619 parking tickets and 348,631 tickets for moving violations. Other warrants are even older.
Under the order, a three-judge panel would conduct a series of hearings in the northern, central and southern part of the state to give interested parties the opportunity to argue that these cases should not be dismissed.
More serious offenses – such as driving while intoxicated, reckless driving, major traffic violations, disorderly and petty disorderly persons offenses, and indictable offenses – would not be considered for dismissal under the order. The order lists the specific offenses that are not eligible for dismissal.
The order follows a report released earlier this week by the Supreme Court Committee on Municipal Court Operations, Fines, and Fees, which called for the dismissal of old bench warrants that involve minor offenses or minimal penalties.
Chief Justice Rabner’s order notes that the dated warrants “raise questions of fairness, the appropriate use of limited public resources by law enforcement and the courts, the ability of the state to prosecute cases successfully in light of how long matters have been pending and the availability of witnesses, and administrative efficiency.”
A 2016 U.S. Department of Justice report found that issuing arrest warrants for missed court appearances or failure to pay fines and fees, particularly against indigent individuals, did not ensure equal justice. The seriousness of the consequences raised concerns about individuals’ due process and equal protection rights, the report determined.
In 2016, the Conference of Chief Justices (CCJ) and the Conference of State Court Administrators (COSCA) formed the National Task Force on Fines, Fees and Bail Practices, on which Chief Justice Rabner serves, to address the ongoing impact that legal financial obligations have and to draft model statutes and court rules for setting, collecting, and waiving court- imposed payments.
In the report by the Supreme Court Committee on Municipal Court Operations, Fines, and Fees issued earlier this week, the Committee presented various recommendations to enhance the work of the municipal court system. The report also highlighted concerns about the imposition of excessive discretionary sanctions, safeguards for defendants unable to pay fines, and an evaluation process for the appointment and reappointment of municipal judges, among other issues.
source https://www.njcourts.gov/pressrel/2018/pr071918a.pdf
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Sunday, July 22, 2018

Super Lawyers nomination due by July 24, 2018.


Super Lawyers nomination due by July 24, 2018.
Peer nominations are an important first step in the selection process. Please nominate attorneys, you have personally observed, who demonstrate excellence in the practice of law for the 2019 New Jersey Super Lawyers and Rising Stars lists.
Please submit your nominations by July 24, 2018.
Super Lawyers
Please remember that campaigning or soliciting
votes for Super Lawyers is not allowed, and
could result in your disqualification.
Don’t forget to update your own information on SuperLawyers.com. When you update your practice information online, our research department will review your background, experience and credentials as one step in the selection process.
In addition to these best practices, focus on:
  • Completing the 12 selection criteria fields as fully as possible
  • Including years of achievements – focusing on your most recent
  • Providing a link to your professional biography on your firm’s website (if available)
Thanks for your help.
Sincerely,
Ron Cahill
Ron Cahill
Director of Research and Editorial
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Saturday, July 21, 2018

PNC Arts Center Garden State Arts Center Holmdel 33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person

PNC Arts Center Garden State Arts Center Holmdel
 33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person
Our office represents people charged with Underage drinking at PNC Arts Center/ Garden State Arts Center Holmdel, NJ.

 Criminal charges can cost you.  If convicted, you can face high fines, jail, Probation  and other penalties.  Don't give up!  Our Law Office can provide experienced attorney representation for criminal violations. Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.

The following is current criminal law plus amendments as of April. 2004 on 33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor

     33:1-81.  It shall be unlawful for:

      (a)  A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic  beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or

    (b)  A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or

    (c)  Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or

    (d)  Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.

    Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person's license to operate a motor vehicle for six months.

    Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.  If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

    If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the division along with the report.  If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.

    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S. 39:3-40.  A person shall be required to acknowledge receipt of the written notice in writing.  Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40.

    If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate given the age at the time of sentencing, the non-resident driving privilege of the person and submit to the division the required report.  The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

    In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.


33:1-81.1.  Hearing;  attendance by parent or guardian;  subpoena
    In any hearing for a violation of section 33:1-81 of the Revised Statutes the court in its discretion may require the attendance at such hearing of a parent or guardian, if there be no parent, of the minor charged with such violation if such parent or guardian is a resident of the State and may, in its  discretion, compel such attendance by subpoena.


33:1-81.1a.  Violations by parent, guardian, notification, fine
     A parent, guardian or other person having legal custody of a person under 18 years of age found in violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) shall be notified of the violation in writing.  The parent, guardian or other person having legal custody of a person under 18 years of age shall be subject to a fine in the amount of $500.00 upon any subsequent violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) on the part of such person if it is shown that the parent, guardian or other person having legal custody failed or neglected to exercise reasonable supervision or control over the conduct of the person under 18 years of age.

CONCLUSION

If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don't rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and job is on the line, hire the best attorney available.


 KENNETH  VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
 2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax)  732-572-0030
                                   
TRIAL AND LITIGATION EXPERIENCE
In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters.  He appears in Courts throughout New Jersey several times each week on many personal injury matters, Criminal and Municipal/ traffic Court trials, Probate hearings,  and contested administrative law hearings.

Mr. Vercammen served as the Prosecutor for the Township of Cranbury, Middlesex County and was involved in trials on a weekly basis.  He also argued all pre-trial motions and post-trial applications on behalf of the State of New Jersey.

He has also served as a Special Acting Prosecutor in Woodbridge, Perth Amboy, Hightstown, Carteret, East Brunswick, Jamesburg, South Brunswick,  South River and South Plainfield for conflict cases.  Since 1989, he has personally handled hundreds of criminal and motor vehicle matters as a Prosecutor and now as defense counsel and has had substantial success.

Previously, Mr. Vercammen was Public Defender for the Township of Edison and Borough of Metuchen and a Designated Counsel for the Middlesex County Public Defender's Office.  He represented  indigent individuals facing consequences of magnitude.  He was in Court trying cases and making motions in difficult criminal and DWI matters.  Every case he personally handled and prepared.

His resume sets forth the numerous bar associations and activities which demonstrate his commitment to the legal profession and providing quality representation to clients.

Since 1985, his primary concentration has been on litigation matters.  Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court) with the Delaware County, PA District Attorney Office handling Probable Cause Hearings,  Middlesex County Probation Department  as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.

Friday, July 20, 2018

2C :35-16 Driver’s license suspension if pleading guilty to any NJ Drug offense Forfeiture or postponement of driving privileges. [Unless attorney is successful with hardship motion]

2C :35-16  Driver’s license suspension if pleading guilty to any NJ Drug offense
Forfeiture or postponement of driving privileges. [Unless attorney is successful with hardship motion]
    2C :35-16 . a. In addition to any disposition authorized by this title, the provisions of section 24 of P.L.1982, c.77 (C.2A:4A-43), or any other statute indicating the dispositions that can be ordered for an adjudication of delinquency, and notwithstanding the provisions of subsection c. of N.J.S.2C:43-2, a person convicted of or adjudicated delinquent for a violation of any offense defined in this chapter or chapter 36 of this title shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the court at not less than six months or more than two years which shall commence on the day the sentence is imposed unless the court finds compelling circumstances warranting an exception. For the purposes of this section, compelling circumstances warranting an exception exist if the forfeiture of the person's right to operate a motor vehicle over the highways of this State will result in extremehardship and alternative means of transportation are not available. In the case of a person who at the time of the imposition of sentence is less than 17 years of age, the period of any suspension of driving privileges authorized herein, including a suspension of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period as fixed by the court of not less than six months or more than two years after the day the person reaches the age of 17 years.  If the driving privilege of any person is under revocation, suspension, or postponement for a violation of any provision of this title or Title 39 of the Revised Statutes at the time of any conviction or adjudication of delinquency for a violation of any offense defined in this chapter or chapter 36 of this title, any revocation, suspension, or postponement period imposed herein shall commence as of the date of termination of the existing revocation, suspension, or postponement.

   b.   If forfeiture or postponement of driving privileges is ordered by the court pursuant to subsection a. of this section, the court shall collect forthwith the New Jersey driver's license or licenses of the person and forward such license or licenses to the Chief Administrator of the New Jersey Motor Vehicle Commission along with a report indicating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.  If the court is for any reason unable to collect the license or licenses of the person, the court shall cause a report of the conviction or adjudication of delinquency to be filed with the Chief Administrator.  That report shall include the complete name, address, date of birth, eye color, and sex of the person and shall indicate the first and last day of the suspension or postponement period imposed by the court pursuant to this section. The court shall inform the person orally and in writing that if the person is convicted of personally operating a motor vehicle during the period of license suspension or postponement imposed pursuant to this section, the person shall, upon conviction, be subject to the penalties set forth in R.S.39:3-40.  A person shall be required to acknowledge receipt of the written notice in writing.  Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.  If the person is the holder of a driver's license from another jurisdiction, the court shall not collect the license but shall notify forthwith the Chief Administrator who shall notify the appropriate officials in the licensing jurisdiction. The court shall, however, in accordance with the provisions of this section, revoke the person's non-resident driving privilege in this State.

   c.   In addition to any other condition imposed, a court may in its discretion suspend, revoke or postpone in accordance with the provisions of this section the driving privileges of a person admitted to supervisory treatment under N.J.S.2C:36A-1 or N.J.S.2C:43-12 without a plea of guilty or finding of guilt.

   d.   After sentencing and upon notice to the prosecutor, a person subject to suspension or postponement of driving privileges under this section may seek revocation of the remaining portion of any suspension or postponement based on compelling circumstances warranting an exception that were not raised at the time of sentencing.  The court may revoke the suspension or postponement if it finds compelling circumstances.

   Amended 1988, c.44, s.7; 2005, c.343; 2008, c.84, s.2.

NJSA 2C:35-16 was amended to provide: "compelling circumstances warranting an exception if the forfeiture of the person's right to operate a motor vehicle over the highways of this state will result in extreme hardship and alternative means of transportation are not available.

         In the case of State v. Bendix396 NJ Super. 91 (App. Div 2007), the Appellate Division held the lower court took too restrictive a view of the court's discretion, under N.J.S.A. 2C:35-16a, to grant defendant a hardship exception from the requirement that his driver's license be suspended due to his conviction for drug offenses.  


39:4-49.1 Drug possession by motor vehicle operator

39:4-49.1 Drug possession by motor vehicle operator     No person shall operate a motor vehicle on any highway while knowingly having in his possession or in the motor vehicle any controlled dangerous substance as classified in Schedules I, II, III, IV and V of the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (C. 24:21-1 et seq.) or  any prescription legend drug, unless the person has obtained the substance or  drug from, or on a valid written prescription of, a duly licensed physician, veterinarian, dentist or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in man or animals or unless the person possesses a controlled dangerous substance pursuant to a lawful order of a practitioner or lawfully possesses a Schedule V substance. 

   A person who violates this section shall be fined not less than $50.00 and shall forthwith forfeit his right to operate a motor vehicle for a period of two years from the date of his conviction.
   This means a mandatory two year license suspension with no ability to drive to work, school, etc. It is important to get this ticket dismissed. It is not subject to Conditional Discharge. The Judge has no discretion to not suspend your license for two years if you plead guilty or are found guilty.
  You need to have your attorney either win at trial or negotiate to have this charge dismissed.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
 (Phone) 732-572-0500

39:4-128.1 Passing school bus while picking up

39:4-128.1 Passing school bus while
picking up or discharging
First offense: Fine or
imprisonment not exceeding 15
days or 15 days community
service, or both
fine $100 -$1,000

5 NJ MVC Points 39:4-128.1 Improper passing of school bus
5
Plus 5 car insurance points
Plus Judge Can Suspend DL for Willful Traffic Offense. 
State v. Moran  202 NJ 311 (2010) 
       The license suspension provision of N.J.S.A.39:5-31, which is published in the Motor Vehicle Code of the New Jersey Statutes Annotated, is not “hidden,” and defendant, like all motorists, is presumed to know the law.  To ensure that license suspensions meted out pursuant to N.J.S.A.39:5-31 are imposed in a reasonably fair and uniform manner, so that similarly situated defendants are treated similarly, the Court today defines the term “willful violation” contained in N.J.S.A.39:5-31 and enunciates sentencing standards to guide municipal court and Law Division judges

    Subsequent offense: Fine or
imprisonment not exceeding 15
days, or both
$250 -$1,000


www.njlaws.com/passing_school_bus.html?id=913&a=
Kenneth Vercammen'sLaw office represents individuals charged with criminal and serious traffic violations throughout New Jersey. 
39:4-128.1
School buses stopped for children, certain disabled persons, duty of motorists, bus driver; violations, penalties.
 
   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.

   L.1942, c.192, s.1; amended 1948, c.132; 1949, c.102, s.1; 1951, c.23, s.71; 1966, c.235, s.1; 1968, c.171, s.1; 1983, c.27; 1989, c.319, s.1; 1992, c.72; 2000, c.85, s.2; 2012, c.20, s.2.
 Copyright 2018 Vercammen Law
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
www.njlaws.com

Wednesday, July 18, 2018

Limitation on Lawsuit Threshold/Verbal Car Accident

What is the Limitation on Lawsuit Threshold/Verbal Car Insurance Law? -It Prohibits Citizens without permanent Injuries From Recovery of Medical Deductibles and Injuries Against Drunk & Careless Drivers
Compiled by Kenneth Vercammen, Esq. from materials supplied by ATLA and other consumer organizations The car insurance laws have changed dramatically. You now have to make an important decision to protect you and your family. The new law requires your insurance company to send you a form where you choose between two types of auto insurance. One is called "No Limitation on Lawsuit option or No Threshold". The other is called "Limitation on lawsuit option or Lawsuit/ Verbal Threshold".
The insurance companies want you to choose the Limitation on lawsuit/ Lawsuit Threshold so they can make more money. What they dont want you to know is that Limitation on lawsuit/ Lawsuit Threshold limits many of your rights. With Limitation on lawsuit/ Lawsuit Threshold if you were injured in an accident caused by a drunk or reckless d river, you would not be compensated unless you suffered such injuries as death, dismemberment, disfigurement, fracture or permanent lifelong injuries.
Under the No Limitation on Lawsuit option or No Threshold, you will retain your Constitutional Rights to a jury trial if you are injured in a car accident. You may bring a claim against a driver who injures you, and be compensated for your pain, lost wages and suffering.
THRESHOLD PROTECTION- PICK NO LIMITATION THRESHOLD PROTECTION UNDER YOUR CAR INSURANCE
What you dont know about your automobile insurance can hurt you. The following important information on automobile insurance law will explain that you may already have given up your right to make a claim or sue for damages. The purpose of the law which affects all New Jersey policy holders and their families, is to change choices. We recommend no threshold and suggest you write to your insurance company immediately.
"Limitation on Lawsuit Option/ Verbal" threshold costs less than no threshold, but the reduction in cost limits your legal right to make a claim or file a lawsuit to recover money for pain and suffering if you or members of your family are injured in an automobile accident.
Q. What is the "limitation on lawsuit option"?
A. The lawsuit limitation option (also known as the verbal threshold) limits your legal rights to make a claim for monetary damages or to file a lawsuit against a careless driver unless you sustain one of the following types of injury.
Type 1 - Death Type 2 - Dismemberment Type 3 - Significant disfigurement or scarring Type 4 - Displaced fracture Type 5 - Loss of a fetus Type 6 - Permanent injury
A permanent injury occurs when a body part has not and will not heal to function normally. WE RECOMMEND THAT YOU DO NOT ELECT THE "LIMITATION ON LAWSUIT OPTION." The injury must be established by objective medical finding such as the doctors observation of the physical injuries, x-ray, CT-scan, myleogram and MRI, and if such objective evidence is not found, then I cannot successfully prosecute a claim for non-economic loss. You must agree to assist your attorney in obtaining medical records and reports in connection with a Limitation/ Lawsuit/ Verbal Threshold case.
Q. What is the "no limitation on lawsuit option"?
A. The no limitation option (also known as "no threshold") permits you to make a claim or to file a lawsuit against a careless driver for any and all personal injuries. WE RECOMMEND THAT YOU ELECT THE "NO LIMITATION ON LAWSUIT OPTION."
Q. What happens if I choose the Lawsuit Threshold and my injuries are not included in one of the 6 types?
A. You are not permitted to make a claim or file a lawsuit to recover money for pain and suffering. For example, if you injure your neck back head, arms or legs, but the injury is not permanent or your use is not significantly limited, you cant sue or even make a claim for an out-of court settlement even though your in jury required medical treatment and caused you pain and suffering.
Q. Who benefits when I am not able to make a claim or sue?
A. Careless drivers who cause accidents have no responsibility for the injuries they cause. Their insurance companies profit because they do not have to pay money to injured persons.
Q. If I choose the Lawsuit Threshold, am I the only one who cant make a claim or sue?
A. No. Lawsuit Threshold coverage applies to your spouse and any children living with you who do not have their own automobile insurance coverage. They also lose the right to sue or even make a claim.
Q. My other coverage choice, No Threshold, what is it?
A. No Limitation/ No Threshold protects your right to recover money for pain and suffering no matter what the injury.
Q. How do I choose the type of coverage I want for myself and my family?
A. When you renew or purchase an automobile insurance policy, your insurance company will provide you with a coverage selection form. You can also contact your insurance company immediately and pick No Threshold. If you need assistance, please schedule an appointment with Ken Vercammen to discuss you rights.
If, at the time of your insurance renewal, if you fail to choose NO LIMITATION/ NO THRESHOLD, you will automatically be given the LIMITATION/ LAWSUIT THRESHOLD. With the LIMITATION/ LAWSUIT THRESHOLD you will not be fully protected against a careless driver who hits you.
If you want to fully protect yourself from a negligent driver who injures you, choose NO THRESHOLD. Dont be fooled into false savings. Know what your rights are before you sign them away.
Please feel free to call Kenneth Vercammen, Esq. to schedule a for free in office consultation.. 732-572-0500
Relevant caselaw and legal argument successfully used in prior cases:
BRIEF IN OPPOSITION TO MOTION FOR SUMMARY JUDGMENT BECAUSE INJURIES EXCEED THE REQUIREMENTS OF THE VERBAL THRESHOLD __________________________________________________________
KENNETH VERCAMMEN & ASSOCIATES, PC 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500 Attorney for Plaintiff,
PLAINTIFFS INJURIES MEET THE REQUIREMENTS OF THE VERBAL THRESHOLD STATUTE.
N.J.S.A. 39:6A 8 requires plaintiff to prove his/her injuries fall into at least one of six categories as set forth in the statute. The plaintiffs injuries fulfill the requirements of #6 of the categories. Specifically enumerated:
Type (6) Permanent Injury. It is plaintiffs contention that a serious and significant injury was indeed suffered as a result of the accident. The Supreme Court case of Oswin v. Shaw, 129 N.J. 290 (1992) originally set forth that plaintiffs who can show objective evidence of injury and disability that fit the statutory definition of "serious injury" will be considered to have made out a prima facie case of "serious injury". Oswin Supra. at 318. Plaintiffs attached certification also describes plaintiffs subjective complaints and limitations. The Doctor has reviewed this Brief and is incorporating the following by reference. Plaintiff has significant limitations of both the cervical and dorsal ranges of motion as set forth herein above. There is tenderness and spasms in both plaintiffs cervical musculature and lumbar spine upon palpation. The plaintiff will experience recurring episodes of pain and weakness in the future following lifting, bending and stretching for any length of time. As the plaintiffs work and home life require such lifting, bending and stretching, she continues and will in the future continue to suffer pain and weakness in performing these necessary movements.
The Appellate Division in Owens v. Kessler 272 NJ Super. 225 (App. Div. 1994) held that a spasm is an objective manifestation of injury and summary judgment for defendants should not have been granted in this verbal threshold case since plaintiffs medical experts report, showing continued evidence of spasm after cessation of medical treatment, clearly constitutes prima facie objective evidence of permanent injury or at the very least raises a genuine issue of material fact. In Owens the motion judge erred in inferring that not having neurological treatment diminished the veracity of plaintiffs claim in the absence of medical opinion to support that inference; plaintiffs uncontradicted claims that the injuries rendered him unable to continue to participate actively in sports and interfered both with the only jobs he was able to secure and with his pursuit of a high school diploma warranted submission to a jury with respect to whether the claimed disability had a serious impact on his life. The motion judge failed to properly evaluate the medical proofs in accordance with the standard mandated by Rule 4:62-2. In Brown v. Puente, 257 N.J. Super. 203 (App. Div. 1992), the plaintiff was on summer vacation after his junior year in high school when he injured his neck and back in an automobile accident. Two years after the accident, he continued to complain of daily headaches, stiffness and chronic pain. His doctor reported evidence of limitation of motion accompanied by marked tenderness, muscle spasm and pain. He concluded that the injuries were of "a permanent nature especially since they have lasted as long as they have after the accident and course of intensive physical therapy." The Appellate Division found that the report of the plaintiffs doctor supported "an objectively determined substantial limitation of motion." In addition, the court found that the plaintiff established that the injuries had a substantial impact on his life. He certified that he had to give up high school athletics due to severe chronic pain and that he had difficulty managing as a college student since he was unable to sit or study for long periods of time. Accordingly, the court denied the defendants motion to dismiss the complaint. In Dabal v Sodera 260 NJ Super. 397 (App. Div. 1992), the plaintiff sustained injuries to her neck and back. She was treated with a variety of modalities. She was examined by medical expert Dr. Morris Horwitz, a certified disability claim evaluator, two years after the accident. Dr. Horwitz found a derangement of the cervical and lumbar spine with limitation of motion. Dr. Horwitz in Dabal diagnosed a cervical hyper acceleration injury, lumbosacral sprain and diffuse cervical and lumbar myositis. He concluded the injuries were permanent. The Appellate Division in Dabal found that the plaintiff satisfied the objective standard by providing an experts report with credible evidence of objective findings. The court found that the plaintiff also satisfied the subjective standard of "serious impact" on her life. The plaintiff stated that she cannot sit or drive more than 25 minutes and cannot sleep without pain. In addition, she said that dancing had been an important social activity in her life and that she has been unable to dance since the accident. At the outset, the Appellate Division clarified "the perspective from which a trial judge must consider a defendants verbal threshold summary judgment motion" and noted that the "judge is not to make a pre-trial determination of such factual issues." The court in Dabal noted that the plaintiff was unable to participate in a primary social activity as a result of her injuries. The court stated:
"We do not view that assertion as expressing a trivial concern to her, if, indeed, dancing had been important to her and if, her injuries have deprived her of the ability to pursue that activity. Obviously what constitutes a deprivation having only a minimal and inconsequential life-affecting impact on one person may have a serious impact on another person."
As a result, the court held that the plaintiffs injuries had a "serious impact" on her life because she was unable to engage in "social or recreational activity which had been a significant and important component of [her] way of life." In Foti v Johnson 269 NJ Super. 198 (App. Div. 1993), Judge Pressler wrote for the court that the plaintiff met the verbal threshold with production of objective medical evidence that a back injury aggravated a pre-existing condition. When an automobile is struck from the rear, it is abruptly accelerated in a forward direction. The force and suddenness of such an impact upon the occupant of a vehicle so struck, causes the neck to hyper extend beyond its normal range of motion. The occupants head is caused to strike the back of the seat and then almost instantly is jolted in the reverse direction or forward in flexion due to tissue elasticity and the deceleration of the car. This sudden hyperextension occurs within the first one quarter of a second following impact, so rapidly that the normal protective reflex mechanisms cannot function. In rear end collisions, injury results from the relative acceleration of the head and trunk of the occupant, and the degree of injury is independent of the rate of acceleration of the car. Significant discomfort may be delayed for at least 24 hours following the accident. The patients complaints may include neck discomfort, or the pain may be experienced only in the shoulder or in the arms or in the back of the head. Pain may be referred to the interscapular region or to the sub occipital region. Headaches are common. In hyperextension injuries to the neck, there is no prevention of movement until the head hits the chest wall, and this is beyond the physiologically permitted limit. Because the permitted physiological range of extension is very short when the neck is slightly rotated, the posterior joints can soon be pushed beyond the physiological range, and injury results from extension strain. Subsequent pain causes the muscle supporting the injured area to go into spasm in an effort to immobilize the area as a protective mechanism from further aggravation and injury. When ligaments and tendons have been torn, stretched or ruptured, adhesions will develop at the site of attachment. When connective tissue is injured, it is replaced by scar tissue which does not have any elastic properties or the mobility of the previously uninjured tissue. The formation of scar tissue then causes a loss in the normal range of motion which is demonstrated on neurological and orthopedic testing. The patient is subject to episodes of remission and exacerbations caused by various aggravations. Due to the mechanism of trauma induced injury there is a general weakening of the supporting soft tissue structure. A number of long term studies have indicated that pain with no evident physical cause persists in 20% to 45% of patients with significant cervical injuries. X ray studies demonstrate that degenerative problems develop after injury in 39% of patients, whereas by comparison, only 6% of the general population over the age 30 develop degenerative changes over a comparable time. Thus it appears obvious that cervical injuries predispose patients to cervical degenerative osteoarthritis. Additional studies have shown that persistent upper extremity pain, numbness, interscapular pain, cervical curve reversal or one level of localized restricted cervical motion, as early findings, have been associated with long term disability.
THERE IS A GENUINE ISSUE OF MATERIAL FACT IN THE INSTANT CASE WHICH CANNOT BE RESOLVED BY DEFENDANTS MOTION FOR SUMMARY JUDGMENT.
In Oswin v. Shaw, Supra. at 307 the Supreme Court stated:
"We choose to follow the N.Y. approach and apply the Summary Judgment model to verbal threshold determinations." The role of the Judge in summary judgment procedure is to determine whether there is a genuine issue as to a material fact, but not to decide the issue if he finds it to exist". Judson, Supra, 17 NJ. at 73 (emphasis added)."
The Oswin Court continued at 307 :
"The verbal threshold determination consists of two questions. (1) Whether under any view of the plaintiffs injuries they can be said to fall within at least one of the nine categories the New Jerseys statutes specifies, and ( 2 ) If so, whether the evidence before the court on Motion for Summary Judgment demonstrates a material dispute of fact regarding the nature and extent of the plaintiffs injuries". In Arencibia v. Rosas 270 N.J. Super 339 (App. Div. 1994), the court wrote that electro-magnetic and nerve-conducting tests, as well as x-rays, may provide the needed objective evidence required under Oswin to satisfy the verbal threshold. On September 21, 1989, plaintiff was a passenger in an automobile owned by Hector Rosas and driven by her then boyfriend, now husband, defendant Julian Rosas, in North Bergen, when it struck the rear of an automobile, owned and operated by defendant Catherine Ulrich, that was stopped at a red light. The arbitrator found Julian Rosas 100 percent liable and Catherine Ulrich 0 percent liable. Plaintiffs damages found to be $17,500.00. Rosas requested a trial de novo. Plaintiffs injuries satisfy category seven: "permanent consequential limitation of use of a body organ or member" or category eight: "significant limitation of use of a body function or system." N.J.S.A. 39:6A-8a. The medical evidence shows that plaintiff has satisfied the verbal threshold requirements as delineated in Oswin. Dr. Bravo, a neurologist, found limited range of motion in plaintiffs neck, along with moderate to severe spasm of the thoracic and lumbar areas of spine. Spasm is an objective form of evidence. Id. at 320. However, the record shows much more. Dr. Bravo also noted in his final report of September 27,1990, that plaintiffs "EMG and NCV of the left upper limb and retrocollic area were abnormal, indicating a radiculopathy with involvement of posterior rami." Likewise, Dr. Marsh found objective evidence that plaintiffs ranges of motion "were compromised." He stated that plaintiff had deep and superficial spasm of the cervical, thoracic and lumbosacral sections of the spine. He also reported that x-rays of the cervical spine revealed "reduction of the neutral lateral curve." These x-rays also indicated "marked subluxation with sprain." Under Oswin, x-rays may provide the needed objective evidence, Arencibia v. Rosas, supra. Another neurologist, Dr. Dasika found a 30 percent limitation of movement of the cervical and lumbosacral sections of the spine. Plaintiff continues to take the pain medications that Dr. Dasika prescribed for headaches and pain, Arencibia v. Rosas, supra. All of plaintiffs treating physicians concluded that plaintiffs injuries were sustained in the automobile accident of September 21, 1989, and found permanency or significant limitation caused by plaintiffs injuries, Arencibia v. Rosas, supra. In Cineas v. Mammone, 270 N.J. Super. 200 (App. Div. 1994), the plaintiff sustained injuries to his neck and back and was treated by an orthopedist, neurologist, psychologist, and an internist. Each of the doctors found objective evidence of muscle spasm and loss of motion and concluded that the injuries were permanent and disabling. In addition, the plaintiff claimed a significant impact on his life including a limitation of overtime work, household chores and sexual relations. The court found that the plaintiff provided medical reports from four treating doctors that showed decreased range of motion and spasm. Accordingly, the court held that plaintiff presented credible, objective medical evidence sufficient to establish a significant limitation of use under type 8. The court noted that the record contained conflicting medical reports because a defense orthopedist and psychiatrist found only minimal residual evidence of a mild soft-tissue injury. Nevertheless, where there is a disputed issue of fact, the plaintiff must be afforded the opportunity to present his or her evidence to the finder of fact. As recognized by the Oswin Court, nature and extent of a plaintiffs injuries are questions of fact properly reserved for the jury.
"We hold that the Court should decide only the legal issue of whether a plaintiffs alleged injuries, if evidence thereof is to be believed, would meet the verbal threshold, and we allocate the determination of the nature and extent of the plaintiffs injuries to the jury when the plaintiff shows by credible, objective medical evidence the existence of a material dispute of fact. Oswin, Supra at 322
The plaintiff was shown that a material dispute of fact indeed exists. Furthermore, it is well settled in this state that "Motions for Summary Judgment are granted only with much caution and where there are genuine disputed issues of fact, they must be resolved at a plenary hearing" Shandel v. Shell Oil Co., 195 N.J. Super. 311 (Law Div. 1984). The conflicting expert reports certainly constitute a genuine disputed issue of fact. "On motion for summary judgment, it is movants burden to exclude any reasonable doubt as to the existence of any genuine issue of material fact and all inferences of doubt are drawn against movant in favor of opponent. Only when it is palpably disclosed that there is no genuine issue of fact and that movant is entitled to judgment as matter of law should such motion be granted" Selzer v. Isaacson, 147 N. J. Super 308 (App. Div. 1977). If all inferences of doubt are to be drawn against the moving party, then defendants motion for summary judgment must be denied. In Moreno v. Greenfield, 272 NJ Super 456 (App. Div. 1994), the Appellate Division noted that "we have not lost sight of the fact that this evidence was presented at a Summary Judgment motion when all favored inferences must be granted to the plaintiff." Rule 4:46-2, Judson v. Peoples Bank and Trust of Westfield, 17 N.J. 67,75 (1954). The Court in Brill v Guardian Life 142 NJ 520 (1995) still requires the Court to review all evidence, not to just dismiss cases as the defense suggests. In Moreno the court noted that, "We will, however, independently examine plaintiffs proofs and pass on this issue. In doing so, we must view plaintiffs activities as she participated in them prior to the accident. We do not treat plaintiffs as fungible commodities." The plaintiff Moreno was an active twenty-two year old who set forth in her certification certain things that she cannot perform including dancing and aerobics. The court noted that each of these difficulties in themselves appear relatively minor, especially when viewed by judges of a different generation. Yet we can appreciate that in the aggregate plaintiff has described loss of a segment of her youth. The total picture is more of a person of middle age rather than a young woman of twenty-four. Her continuing efforts to continue as close to a normal life style as she can, even in the face of back pain associated with her proven physical injuries, should not disqualify her claim. A jury should find that the totality of the disability from the accident has a "serious impact on the plaintiffs life," quoting Oswin v. Shaw, 192 N.J. at 319, Moreno Slip Op at 9-10. In Cavanaugh v. Morris, 273 NJ Super 38 (App. Div. 1994), the court noted in sum, a complaint alleging a permanent soft tissue injury survives a defense motion for summary judgment if the four propositions are met. The court in Cavanaugh noted that the report of continuing spasm long after the accident meets Oswins objective medical-evidence requirements. The court noted the legislatures verbal threshold scheme patently did not intend to excluded all soft tissue injuries. The trial courts must carefully scrutinize plaintiffs proofs offered in opposition to a summary judgment in the light of Oswin and subsequently developing jurisprudence fairly to determine whether the claim for non-economic loss may continue. The court again reversed and remanded the granting of summary judgment.

___________________________ write in name of patient Plaintiff,
v.
Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION: _________ COUNTY
DOCKET NO.
Civil Action
AFFIDAVIT of Merit Under N.J.S.A. 39:6A-8.a. THAT INJURIES EXCEED THE LAWSUIT/VERBAL THRESHOLD
I ______________________________ (physician) certify that: 1. I am a permanent resident of this State and a physician licensed to practice medicine in the State of New Jersey. I am and have been in the actual practice of ___________________ since __________, which includes my residency training. I graduated from _______________________ and have been licensed in New Jersey for ______ years. 2. I am a licensed physician as defined in N.J.S.A. 45:9-5.1. 3. I am the licensed treating physician to the Plaintiff or a board certified licensed physician to whom the Plaintiff was referred by the treating physician. Any opinions set forth herein are within a reasonable degree of medical probability. 4. The Plaintiff, as a result of a motor vehicle accident on _____________ sustained the following injury: (give diagnosis) ______________________________________________.
5 I am not a relative either through blood or marriage of the patient/plaintiff. 4. My opinion is based upon the circumstances and examination of the patient, plus a history of the condition. 5. I last examined the patient on _____________ and determined the following clinical conditions: __________________________________________________________ ____________________________________________________________________________ _____________________________________________________
6 Such injury has resulted in permanent injury. Permanent injury which means a body part or organ or both has not healed to function normally and to medical probability will not heal to function normally with further medical treatment. 7. This certification is based upon the following objective clinical evidence: ____________________________________________________________________________ ____________________________________________________________________________ _ 8 Any testing referred to above is not experimental in nature or dependent entirely upon subjective patient response.
I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
Date: _______________________ ___________________________________ (physicians signature)
STATE OF NEW JERSEY, COUNTY OF MIDDLESEX SS.:
I CERTIFY that on ___________________________, 2004 the doctor personally came before me and acknowledged under oath, to my satisfaction, that this person (or if more than one, each person): (a) is named in and personally signed this document; and (b) signed, sealed and delivered this document as his or her act and deed.
------------------------------------------------------ Notary Seal
KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030

Tuesday, July 17, 2018

License Revocation

By Kenneth Vercammen

If a driver in New Jersey receives too many points after traffic violations or commits a moving violation while suspended, the Motor Vehicle Commission or MVC [formerly the Division of Motor Vehicles or DMV], will mail the driver a Scheduled Suspension Notice. The MVC/DMV notice will set forth the date the suspension is scheduled to start as well as the length of suspension. In addition, if you received a moving violation ticket while your drivers license was suspended, the MVC/DMV usually also schedules a suspension. If you receive a Scheduled Suspension Notice, it is important to immediately retain an experienced Criminal/Traffic Attorney to discuss possible ways to reduce the suspension.
A written request for hearing must be served on the MVC/DMV. If the written request for hearing is not received prior to the scheduled suspension, the MVC/DMV will automatically suspend your driver's license for the maximum period permitted.


Hearings are generally held in Trenton, Eatontown, Mahwah, and Deptford. Hiring an attorney to reduce license suspension often ranges in costs between $1,000.00-$1,500.00. There is no Public Defender or free attorney in MVC/DMV hearings. Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with driving while intoxicated, refusal and on driving while suspended.


After you retain an attorney, they will usually serve a written Opposition to Suspension AND REQUEST FOR ALJ HEARING. Your attorney will request a hearing on any proposed suspensions or other administrative actions.


Demand will be made that the Motor Vehicle Commission/Division of Motor Vehicles provide your attorney with discovery pursuant to the New Jersey Administrative Code, NJAC 1:1-1 et seq. and NJAC 1:13-10. Your attorney¹s letter needs to set forth legal issues and defenses he or she intends on raising at the hearing.
DEFENSES


A valid suspension of a driver's license cannot be effectuated in the absence of a written notice to the licensee at his or her last known address. This notice must recite the fact that the suspension will take place and provide the date of commencement of the suspension. State v. Kindler 191 N.J. Super. 358,360 (Law Div 1983). Failure to appear for a summons is not a substitute for the written notice required by the statute, Id at 361.
The MVC/DMV, prior to suspending a license or taking specific action against a driver, must mail a notice to the driver informing them of the proposed suspension or any other action. The proposed action to be taken against any licensee by the MVC/DMV becomes effective on the date set forth on the notice except when otherwise specified. Such is the case unless the licensee or his/her attorney makes a request, in writing, for a hearing within 25 days from the date of notice. New Jersey Administrative Code (NJAC)13:19-1.2.


Under NJAC 13:19-1.2, the MVC/DMV should require a prehearing conference with a MVC/DMV employee, or transmit the matter to the Office of Administrative Law for a hearing pursuant to NJAC 1:1. An Opportunity Hearing is held in Trenton, Eatontown or another regional center. The hearing is often 7 months after the request for hearing. If the parties cannot reach a resolution, the matter will be submitted to the Office of Administrative Law for a hearing. NJAC 13:19-1.8(d).


The motor vehicle statute, NJSA 39:3-40, is quasi-criminal and penal in nature, and must be strictly construed against the State. State vs. Churchdale-Leasing Inc., 115 N.J. 83, 102, 557 A. 2d 277 (1989). The word conviction, as it is used in NJSA 39:3-40, refers only to a plea or a finding of guilt in a court of competent jurisdiction and not to an order of suspension entered by the MVC/DMV as the result of an administrative proceeding. State vs. Conte, 245 NJ Super. 629 (Law Div. 1990).


Generally, an attorney can only reduce the suspension period, not eliminate suspension entirely. However, it is often important to reduce suspension time to save a job or a career. The following details the length of suspensions automatically if no hearing is requested in writing.

N.J.A.C. 13:19-10.2 Point Accumulation; period of suspension
(a) The Director shall, except for good cause, suspend a person's
license to operate a motor vehicle and/or motorized bicycle in accordance with the following schedule:

POINTS ACCUMULATED PERIOD OF SUSPENSION
12 to 15 points in a period of two years or less; 30 days
16 to 18 points in a period of two years or less; 60 days
19 to 21 points in a period of two years or less; 90 days
22 to 24 points in a period of two years or less; 120 days
25 to 27 points in a period of two years or less; 150 days
28 or more points in a period of two years or less; not
less than 180 days

15 to 18 points in a period greater than two years; 30 days
19 to 22 points in a period greater than two years; 60 days
23 to 26 points in a period greater than two years; 90 days
27 to 30 points in a period greater than two years; 120 days
31 to 35 points in a period greater than two years; 150 days
36 or more points in a period greater than two years; no
less than 180 days
12 to 14 points in a period greater than two years; 30 days

Protect your Rights.
Before you accept a drivers license suspension, consult with an attorney who is experienced in handling MVC/DMV matters.

About the Author
Kenneth A. Vercammen is a trial attorney in Edison, Middlesex County, New Jersey. He often lectures for the New Jersey State Bar Association, New Jersey Institute for Continuing Legal Education and Middlesex County College on personal injury, criminal / municipal court law, and drunk driving. He has published 125 articles in national and New Jersey publications on municipal court and litigation topics. He has served as a Special Acting Prosecutor in seven different cities and towns in New Jersey and also successfully defended hundreds of individuals facing Municipal Court and Criminal Court charges.
In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, matrimonial hearings, and contested administrative law hearings.
Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court), with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Dept. as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030