Thursday, August 11, 2016

DWI in NJ and trying to reduce license suspension from 7 months to three...

DWI defense
20-minute issue
The Supreme Court of New
Jersey directed that breath testing take place after a period of 20 minutes of
observation. This was the same 20-minute period that the Alcotest device was
designed to lock out to prevent the possibility of contamination of breath test
sample with mouth alcohol. 
 In the transcript from the state's summation,
represented in State v. Chun, Supreme Court of New Jersey, Docket No. 58, 879.
The Deputy Attorney General  represents
to the court that the State feels that a 
20 minutes observation is one of the most important safeguards for the
Alcotest 7110 MKIII-C. The State has the obligation to prove every element of
this case by proof beyond a reasonable doubt.
 More specifically with regard to breath
testing, the Supreme Court of our State in Romano v. Kimmelman, 96 N.J. 66
(1984) has directed that the State be required to establish proper operation of
the breath test device by clear and convincing evidence. Consequently, the
breath test results should not be allowed into evidence to establish a per se
violation unless the state proves a 20 minute continuous observation.
    If the Alcotest results are thrown out, the
defendant can plead to a dwi with only a three-month suspension and no
   The defense attorney can also file a motion
for additional Alcotest discovery, such as:
OPRA- foundational documents
and Alcotest

Regarding Alcotest machine
 (1) Calibrating Unit, New Standard Solution
Report, most recent change, and the operator’s [109] credentials of the officer
who performed that change;
 (2) Certificate of Analysis 0.10 Percent
Solution used in New Solution Report;
(3) Draeger Safety
Certificate of Accuracy Alcotest CU34 Simulator;
 (4) Draeger Safety Certificate of Accuracy
Alcotest 7110 Temperature Probe;
(5) Draeger Safety
Certificate of Accuracy Alcotest 7110 Instrument (unless more relevant NJ
Calibration Records  (including both
Parts I and II are offered));
 (6) Calibration Check (including both control
tests and linearity tests and the credentials of the operator/coordinator who
performed the tests);
(7) Certificate of Analysis
0.10 Percent Solution (used in Calibration-Control);
(8) Certificate of Analysis
0.04, 0.08, and 0.16 Percent Solution (used in Calibration-Linearity)
(9) Calibrating Unit, New
Standard Solution Report, following Calibration;
(10) Draeger Safety
Certificate of Accuracy Alcotest CU34 Simulator for the three simulators used
in the 0.04, 0.08, and 0.16 percent solutions when conducting the
Calibration-Linearity tests; (11) Draeger Safety Certificate of Accuracy
Alcotest 7110 Temperature Probe used in the Calibration tests; and
12 (12) Draeger Safety,
Ertco-Hart Digital Temperature Measuring System Report of Calibration, NIST
13 Operator manual and
instruction manual for Alcotest® machine ARWD-0107
14 Verification of the date
in which this Alcotest® machine ARWD-0107 was first placed into service.
15 Date of fuel cell (EC)
replacement, if any.
16 Complete service and
repair record from the Department and Dräger for this Alcotest® instrument  
17 Service, Repair and
replacement records for Alcotest machine ARWD-0107

1.  All alcohol influence report test data for
air blank, simulator, subject, linearity, and any and all other tests conducted
by the National Draeger Alcotest Model 7110 MKIII-C ["7110"] relevant
to __ breath tests both printed and/or stored in the instruments random access
memory and/or downloaded to read only memory.

2.  Any breath testing logs maintained by the
station or department in connection with the 7110 used to test __ breath.

3.  State and manufacturer's assay, analysis,
quality assurance, or similar documents and documents on each and every
analysis, standard, and control run in the series of runs involving analysis of
the following simulator solutions, including chemist's notes, gas chromatograph
("GC"] printouts, GC service records (if any), quality control
manual, and testing procedures and custody documents for the simulator
(i) 0.040 simulator solution
let used in 7110 Linearity Tests with the model CU-34 simulator used in control
and calibration checks of the 7110 both before and after __ breath tests
(ii) 0.080 simulator solution
lot used in 7110 Linearity Tests with the model CU-34 simulator used in control
and calibration checks of the 7110 both before and after __ breath tests
(iii) 0.160 simulator
solution lot used in 7110- Linearity Tests with the model CU-34 simulator used
in control and calibration checks of the 7110 both before and after __ breath
(iv) 0.100 simulator solution
lot used in breath tests with the model CU-34 simulator used in __ breath tests

2053 Woodbridge Avenue, Edison
NJ 08817


We Go to Court in Carteret and nearby courts if You Live Out of Area or unable to Appear for Court

 Defense by Affidavit/Certification Program We Go to Court in Carteret and nearby courts if You Live Out of Area or unable to 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 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:
  The following are MVC points for NJ Motor Vehicle violations.
VIOLATION                                            POINTS

27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
39:3-29 Operating Constructor vehicle in excess of 30 mph
39:4-14.3 Operating motorized bicycle on restricted highway
39:4-14.3d More than 1 person on a motorized bicycle.
39:4-35 Failure to yield to pedestrian in crosswalk
39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk
39:4-41 Driving through safety zone.
39:4-52 Racing on Highway
39:4-55 Improper action or omission on grades and curves
39:4-57 Failure to observe directions of officer.
39:4-66 Failure to stop before crossing sidewalk
39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway
39:4-66.2 Driving on private property to avoid traffic signal or stop sign
39:4-71 Improper driving on sidewalk
39:4-80 Failure to obey direction of officer
39:4-81 Failure to observe traffic signal
39:4-82 Failure to keep right
39:4-82.1 Improper operating of vehicle on divided highway or divider
39:4-83 Failure to keep right at intersection
39:4-84 Failure to pass right of vehicle proceeding in opposite direction
39:4-85 Improper passing on right or off roadway
39:4-85.1 Wrong way on one-way street
39:4-86 Improper passing, in "No Passing" zone
39:4-87 Failure to yield to overtake vehicle
39:4-88 Failure to observe traffic lanes
39:4-89 Tailgating
39:4-90 Failure to yield at intersection
39:4-90.1 Failure to use proper entrances to limited access highway
39:4-91  Failure to yield to emergency vehicle

39:4-97 Careless driving
39:4-97a Destruction of agricultural or recreational property
39:4–91–92     Failure to yield to emergency vehicles                                                        2 
39:4-96 Reckless driving                       5                                  
39:4-97.2 3rd offense     4 points
39:4-97.1 Slow speed blocking traffic                 

39:4-98 or Speeding up to 14mph above limit
39:4-99 Speeding 15-29 mph above limit
Speeding 30 mph or more above limit
39:4-105 Failure to stop at traffic light
39:4-115 Improper turn at traffic light
39:4-119 Failure to stop at flashing red signal
39:4-122 Failure to stop for police whistle
39:4-123 Improper right or left turn
39:4-124 Improper turn: from approved turning course
39:4-125 Improper u-turn
39:4-126 Failure to give proper signal
39:4-127 Improper backing or turn in street
39:4-127.1 Improper crossing of railroad grade crossing
39:4-127.2 Improper crossing of bridge
39:4-128 Improper crossing of railroad grade crossing by certain vehicles
39:4-128.1 Improper passing of school bus
39:4-128.4 Improper passing of frozen dessert truck
39:4-129 Leaving scene of accident- No injuries
39:4-129 Personal Injury
39:4-144 Failure to observe of stop or yield signs
39:5D-4 Moving violation out-of-state
2053 Woodbridge Ave.
Edison, NJ 08817
copyright Vercammen Law 2016
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.
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 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