Traffic Violations NJ

 

 

Traffic Violations

Traffic Fines, Points, Jail.

39:4-49.1 Operation of a motor vehicle while in possession of controlled dangerous substance- Fine and 2 years suspension of driver's license $50 Plus DMV points; plus additional car insurance eligibility points.

39:4-50 Operating under the influence- DWI (See chart at KennethVercammen.com) Plus DMV points; plus additional car insurance eligibility points.

39:4-50.2 Refusal to undergo breathalyzer test- (See chart at KennethVercammen.com)

39:4-50.14 Operation of motor vehicle by person whose blood alcohol is between .01% and .10% and is under the legal age to purchase alcoholic beverages- Loss of license for not less than 30 days nor more than 90 days and perform community service for not less than 15 days nor more than 30 days. In addition, must satisfy program and fee requirements of the IDRC or participate in a program of alcohol education and highway safety. Penalties shall be in addition to the penalties which the court may impose under N.J.S.A. 2C:33-15, N.J.S.A. 33:1-81, N.J.S.A. 39:4-50, or any other law. See DWI fines and penalties at KennethVercammen.com.

39:4-51a Consumption of alcoholic beverage by operator or passenger- First offense: $200 Second or subsequent offense: Fine $250 or 10 days community service

39:4-51b Possession of open container of alcohol in passenger compartment- First offense: $200 Subsequent offense: Fine $250 or 10 days community service

39 :4-52 Racing on highway- First offense $25-$100 5 DMV points, 5 car insurance points

39:4-66.2 Operation of motor vehicle on public or private property to avoid traffic signal- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and violation stays on DMV abstract forever and 2 additional car insurance points and increase in car insurance, usually for three years.

39:4-81 Failure to obey traffic control device- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points, usually for three years.

39:4-82 Failure to keep right- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points, usually for three years.

39:4-82.1 Failure to drive on right-hand roadway- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points, usually for three years.

39:4-83 Failure to keep to right at intersection- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points, usually for three years.

39:4-84 Failure to pass to right when proceeding in opposite direction- Fine or imprisonment not exceeding 15 days, or both $50-$200 5 DMV points and 5 additional car insurance points. Also, Judge/Magistrate can suspend driver's license.

39:4-85 Failure to pass to left when overtaking- Fine or imprisonment not exceeding 15 days, or both $50-$200 4 DMV points and 4 additional car insurance points. Also, Judge/Magistrate an suspend Driver's license.

39:4-85.1 Wrong way on one-way street- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points, usually for three years.

39:4-86 Failure to overtake and pass properly- Fine or imprisonment not exceeding 15 days, or both $50-$200 4 DMV points and 4 additional car insurance points.

39:4-87 Failure to give overtaking vehicle right of way- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.

39:4-88 Failure to drive properly in marked lanes- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.

39:4-89 Following vehicle too closely- Fine or imprisonment not exceeding 15 days, or both $50-$200 5 DMV points and 5 additional car insurance points. Also, Judge/Magistrate can suspend driver's license.

39:4-90 Failure to yield right of way at intersection- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.

39:4-90.1 Entering or leaving limited access highways improperly- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.

39:4-91 Failure to yield right of way to emergency vehicles- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.

39:4-92 Failure to pull over for emergency vehicles and following an emergency vehicle too closely- Fine or imprisonment not exceeding 15 days, or both $50-$200

39:4-96 Reckless driving- First offense: Fine or imprisonment not exceeding 60 days, or both $50-$200 Second or subsequent offense: Fine or imprisonment not exceeding 3 months, or both $100-$500 5 DMV points and 5 additional car insurance points. Also, Judge/Magistrate can suspend driver's license.

39:4-97 Careless driving- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.

39:4-97a Motor vehicle operation causing property damage- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.

39:4-97.1 Slow speed as to block traffic- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.

39:4-97.2 Operating a motor vehicle in an unsafe manner, endangering persons or property- First offense: $50-$150 Second offense: $100-$250 Third or subsequent offense: $200-$500 and 4 points

39:4-98 Speeding- Fine or imprisonment not exceeding 15 days, or both $50-$200, double fine on certain highways 1-14 mph over limit: 2 points, 15-29 mph over limit: 4 points, 30 or more mph over limit: 5 points Judge/Magistrate can suspend driver's license for speeding. Also, in 65 mph zone, fines are doubled

39:4-115 Failure to make proper turn- Fine or imprisonment not exceeding 15 days, or both $50-$200 3 DMV points and 3 additional car insurance points.

39:4-119 Failure to observe flashing traffic signals- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.

39:4-122 Failure to obey whistle of police officer- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.

39:4-123 Failure to make proper turn- Fine or imprisonment not exceeding 15 days, or both $50-$200 3 DMV points and 3 additional car insurance points.

39:4-124 Failure to turn as indicated by buttons or markers at intersection- Fine or imprisonment not exceeding 15 days, or both $50-$200 3 DMV points and 3 additional car insurance points.

39:4-125 U-Turn on curve or grade where view obstructed or "No-U-Turn" sign- Fine or imprisonment not exceeding 15 days, or both $50-$200 3 DMV points and 3 additional car insurance points.

39:4-126 Failure to signal before starting, turning or stopping- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 3 additional car insurance points.

39:4-127 Backing or turning in street- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.

39:4-127.1 Failure to stop at railroad crossings- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points.

39:4-127.2 Failure to stop at approaches to movable span bridges- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 additional car insurance points

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 $100. Community service may be collecting trash cans or working at recycling center or landfill. Subsequent offense: Fine or imprisonment not exceeding 15 days, or both $250 none 2 DMV points and 2 additional car insurance points.

39:4-129(a) Leaving the scene of accident involving injury or death- First offense: Fine or 180 days imprisonment, or both, and suspension of driving privileges for 1 year from date of conviction $500-$1000 Imprisonment shall be imposed only if injury to another person. 8 points. Subsequent offense: Fine or 180 days imprisonment from date of conviction, or both, and permanent forfeiture of driver's license $1000-$2000 Imprisonment shall be imposed only if injury to another person.

39:4-129(b) Leaving the scene of accident involving damages to attended vehicle or property- First offense: Fine or imprisonment not exceeding 30 days, or both, and suspension of driving privileges for six months from date of conviction $200-$400. Subsequent offense: Fine or imprisonment not less than 30 days nor more than 90 days, or both, and suspension of driving privileges for 1 year from date of conviction $400-$600 2 DMV points and 2 car insurance points 39:4-129(d) Leaving the scene of accident involving damages to unattended vehicle or property- First offense: Fine or imprisonment not exceeding 30 days, or both, and suspension of driving privileges for six months from date of conviction. $200 $400 Subsequent offense: Fine or imprisonment not less than 30 days nor more than 90 days, or both, and suspension of driving privileges for 1 year from date of conviction. $400-$600 2 DMV points and 2 car insurance points

39:4-130 Failure to report accident- $30-$100

39:4-144 Failure to obey "Stop" or "Yield Right of Way" signs- Fine or imprisonment not exceeding 15 days, or both $50-$200 2 DMV points and 2 car insurance points

39:6B-2 Failure to carry motor vehicle insurance coverage- First offense: Fine and a period of community service as determined by the court, and suspension of driving privileges for 1 year $300-$1000 Community service can be working at recycling or landfill. Subsequent offense: Fine and shall be subject to 14 days imprisonment, and 30 days community service and suspension of driving privileges for 2 years from date of conviction $5000 Community service can be working at recycling or landfill.

.NJ.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; not less than 180 days 12 to 14 points in a period greater than two years; 30 days

(b) For good cause shown, the Director may in his discretion permit a person to attend a driver improvement course of the Division of Motor Vehicles in total or partial satisfaction of a period of suspension imposed under (a) above. In exercising his discretion, the Director shall consider the person's driving record prior warnings or driver improvement school attendance maturity and any other aggravating or mitigating factor.

Traffic Ticket Representation NJ

 

 

Traffic Ticket Representation

Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.

TRAFFIC REPRESENTATION AND NO POINTS

TRAFFIC VIOLATIONS 4 POINTS OR LESS N.J.S.A. 39:4-1-   WE GO TO COURT TO TRY TO NEGOTIATE FOR   NEW NO POINT TICKET

 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 or in court for almost all traffic tickets, you will have to pay fines in court and 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.

         Under the New Jersey Court Rules, a New Jersey  Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points.

 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.

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
39:4-81       Failure to observe traffic signal	2
39:4-82      Failure to keep right	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  or shoulder	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
39:4-98 or   Speeding up to 14 mph above limit	2
39:4-99       Speeding 15-29 mph above limit	4
39:4-99       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
39:4-123    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
39:4-128.1 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
39:4-144    Failure to observe stop or yield signs	2
39:5D-4 Moving violation out-of-state	2

  Please call us immediately if you need experienced legal representation in a traffic/municipal court matter. We also provide representation in DWI, Criminal and other serious court matters.  Kenneth Vercammen, Esq. Former Prosecutor for the Cranbury Municipal Court from 1991-1999, and Author Municipal Court Winning Strategies.

The new no point statute reads as follows:39:4-97.2  Driving, operating a motor vehicle in an unsafe manner, offense created; fines; surcharge.

1.  a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.

b.A person convicted of a first offense under subsection a. shall be subject to a fine of not less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

c.A person convicted of a second offense under subsection a. shall be subject to a fine of  not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

d.A person convicted of a third or subsequent offense under subsection a. shall be subject to a fine of not less than $200.00 or more than $500.00 and shall be assessed motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

e.An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section.

f.In addition to any fine, fee or other charge imposed pursuant to law, the court shall assess a person convicted of an offense under subsection a. of this section a surcharge of $250 which shall be collected by the court and distributed to the Division of Revenue in the Department of the Treasury as a New Jersey Merit Rating Plan surcharge pursuant to subparagraph (a) of paragraph (2) of subsection b. of section 6 of P.L.1983, c.65 (C.17:29A-35).

 THIS MEANS FOR YOUR THIRD OFFENSE WITHIN FIVE YEARS OF THIS STATUTE, YOU WILL BE CHARGED 4 POINTS.

     The Law Office of Kenneth Vercammen and Associates will 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. You also need to bring in, or 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.

   Representation/ What We will do for you.  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 www.KennethVercammen.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
11. Determine defense and mitigating factors;
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.  You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. 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.

Traffic Ticket Representation NJ

 

 

Traffic Ticket Representation

TRAFFIC VIOLATIONS 4 POINTS OR LESS- WE GO TO COURT TO TRY TO NEGOTIATE FOR NEW NO POINT TICKET

 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 or in court for almost all traffic tickets, you will have to pay fines in court and 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.

Under the New Jersey Court Rules, a New Jersey Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points.

 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 the types of tickets we have handled to request the new no point ticket. Our attorneys can appear on your behalf without you having to go to court on the following matters:

VIOLATION	POINTS
39:4-66.2 Driving on private property to avoid traffic signal or stop sign	2
39:4-71 Improper driving on sidewalk	2
39:4-81 Failure to observe traffic signal	2
39:4-82 Failure to keep right	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 or shoulder	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
39:4-96 Reckless driving	5
39:4-97 Careless driving	2
39:4-98 Speeding up to 14 mph above limit	2
39:4-99 Speeding 15-29 mph above limit	4
39:4-99 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
39:4-123 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
39:4-128.1 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
39:4-144 Failure to observe stop or yield signs	2

Please call us immediately if you need experienced legal representation in a traffic/municipal court matter. We also provide representation in DWI, Criminal and other serious court matters. Kenneth Vercammen, Esq. Former Prosecutor for the Cranbury Municipal Court from 1991-1999, and Author Municipal Court Winning Strategies.

The new no point statute reads as follows:

39:4-97.2 Driving, operating a motor vehicle in an unsafe manner, offense created; fines; surcharge.

1. a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.

b.A person convicted of a first offense under subsection a. shall be subject to a fine of not less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

c.A person convicted of a second offense under subsection a. shall be subject to a fine of not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

d.A person convicted of a third or subsequent offense under subsection a. shall be subject to a fine of not less than $200.00 or more than $500.00 and shall be assessed motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

e.An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section.

f.In addition to any fine, fee or other charge imposed pursuant to law, the court shall assess a person convicted of an offense under subsection a. of this section a surcharge of $250 which shall be collected by the court and distributed to the Division of Revenue in the Department of the Treasury as a New Jersey Merit Rating Plan surcharge pursuant to subparagraph (a) of paragraph (2) of subsection b. of section 6 of P.L.1983, c.65 (C.17:29A-35).

 THIS MEANS FOR YOUR THIRD OFFENSE WITHIN FIVE YEARS OF THIS STATUTE, YOU WILL BE CHARGED 4 POINTS.

The Law Office of Kenneth Vercammen and Associates will 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. You also need to bring in, or 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.

Representation/ What We will do for you. 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 KennethVercammen.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
11. Determine defense and mitigating factors;
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 Worker's 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. You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. 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.

Traffic Offense NJ

 

 

Traffic Offense

TRAFFIC VIOLATIONS 4 POINTS OR LESS-   WE GO TO COURT TO TRY TO NEGOTIATE FOR   NEW "NO POINT" TICKET

 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 or in court for almost all traffic tickets, you will have to pay fines in court and 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.

         Under the New Jersey Court Rules, a New Jersey  Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points.

 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 the types of tickets we have handled to request the new no point ticket. Our attorneys can appear on your behalf without you having to go to court on the following matters:

VIOLATION	POINTS
39:4-66.2   Driving on private property to avoid traffic signal or stop sign	2
39:4-71       Improper driving on sidewalk	2
39:4-81       Failure to observe traffic signal	2
39:4-82       Failure to keep right	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  or shoulder	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
39:4-96       Reckless driving	5
39:4-97       Careless driving	2
39:4-98       Speeding up to 14 mph above limit	2
39:4-99       Speeding 15-29 mph above limit	4
39:4-99       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
39:4-123     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
39:4-128.1  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
39:4-144     Failure to observe stop or yield signs	2

  Please call us immediately if you need experienced legal representation in a traffic/municipal court matter. We also provide representation in DWI, Criminal and other serious court matters.  Kenneth Vercammen, Esq. Former Prosecutor for the Cranbury Municipal Court from 1991-1999, and Author "Municipal Court Winning Strategies."

The new no point statute reads as follows: Driving, operating a motor vehicle in an unsafe manner, offense created; fines. Law   L.2000, c.75, s.1.

     1. a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.

     b. A person convicted of a first offense under subsection a. shall be subject to a fine of not less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5).

     c. A person convicted of a second offense under subsection a. shall be subject to a fine of not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5).

     d. A person convicted of a third or subsequent offense under subsection a. shall be subject to a fine of not less than $200.00 or more than $500.00 and shall be assessed motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5). THIS MEANS FOR YOUR THIRD OFFENSE WITHIN FIVE YEARS OF THIS STATUTE, YOU WILL BE CHARGED 4 POINTS.

     e. An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section.    L.2000,  c.75, s.1.

     The Law Office of Kenneth Vercammen and Associates will 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. You also need to bring in, or 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.

   Representation/ What We will do for you.  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 KennethVercammen.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
11. Determine defense and mitigating factors;
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 Worker's 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.  You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. 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.

Traffic and Criminal Cases NJ

 

 

Traffic and Criminal Cases

1. Auto Exception to Search Applicable only if Exigent Circumstances State v. Santiago ___ NJ Super. ___ (App. Div. 1999). A-896-97T2 decided March 30, 1999. The "automobile exception" justifies a police search of an automobile without a warrant only if there are exigent circumstances that render it "impracticable" to first obtain a warrant. When police have possession of a parcel and have it turned over to defendant by a "controlled delivery," police cannot later search defendant's automobile and the parcel without a warrant, since it was not impracticable to have first obtained a search warrant, and whatever "exigency" may have existed was created by the police themselves.

2. Police cannot Search for Driver Identification in Minor Motor Vehicle Stop State v. Lark ___ NJ Super. ___ (App. Div. 1999). A-3388-97T4 decided March 30, 1999. Under the federal and state constitutions, following a motor vehicle stop for a minor traffic violation, a police officer may not enter the vehicle to search for proof of the driver's identity even though the driver has failed to produce his driver's license and may have lied about his identity. The officers lacked probable cause to believe a crime had been committed. The dictum in State v. Boykins, 50 N.J. 73 (1967), does not authorize the search.

3. Spouse has no Financial Responsibility for other Spouse's Surcharges Clark v. Clark 324 NJ Super. 587 (Ch. Div. 1999). Motor vehicle insurance surcharges authorized by N.J.S.A. 17:29A-35b(2) and assessed against a spouse before the filing of a divorce complaint were non-marital debts for which the non-assessed spouse bore no financial liability. [Source NJ Lawyer Sept. 20, 1999]

4. Police Questioning at Hospital not Custodial Interrogation State v. Choinacki 324 NJ Super. 19 (App. Div. 1999). Where defendant was not physically detained at the hospital or subjected to continuous police supervision for a substantial period of time prior to giving her statements, the questioning of defendant both in the emergency room and the intensive care unit did not constitute custodial interrogation, and her statements were properly admitted despite the absence of Miranda warnings. [Source NJ Law Journal July 17, 1999]

5. Drug Bags from motel brought to Police Station Suppressed State v. Padilla 321 NJ Super. 96 (App. Div. 1999). Where bags containing the defendants' personal property were brought to police headquarters from the defendants' motel room after the defendants were arrested, the police had to give each defendant the opportunity to consent to a police inventory search or to make an alternative disposition of the property. [Source NJ Lawyer May 17, 1999]

6. No Brady Violation where Prosecutor Failure to Supply Facts where Evidence Supports Conviction Anyway Strickler v. Greene ___ US ___ (1999). No. 98-5864 decided June 17, 1999. There was no Brady violation in the prosecutor's failure to disclose materials in police files that cast serious doubt on significant portions of an eyewitness' testimony, where evidence of records strongly supports conclusion that petitioner would have been convicted of capital murder and sentenced to death even if that witness had been severely impeached or her testimony excluded entirely. [Source NJ Law Journal June 28, 1999]

7. Marijuana observed by police in house for sale admissible State v. Ferrari 323 NJ Super. 54 (App. Div. 1999). The Law Division erred by suppressing marijuana initially observed in the defendant's condominium by police officers posing as potential purchasers of the condominium; the officers did not violate the defendant's reasonable expectation of privacy. [Source NJ Lawyer July 19, 1999]

8. Request for Credentials is a Stop State v. Egan ___ NJ Super. ___ (Law Div. 1999). Appeal No. 0107-98 decided July 2, 1999. Unsupported by probable cause or reasonable suspicion, a police officer's request of credentials from the driver of a parked vehicle constituted a "stop"; was more than minimally necessary to dispel the officer's naked suspicion; and not justifiable as a "field inquiry."  The fruits of the stop are, therefore, suppressed.

9. Resident Only Parking Ordinance not Invalid State v. Marain 322 NJ Super. 444 (App. Div. 1999). A resident-only parking ordinance is not invalid as a violation of the provision of N.J.S.A. 39:3-42, which confers exclusive authority on the State to license or permit use or operation of motor vehicles.

10. Gang Ordinance Unconstitutional City of Chicago v. Morales ___ US ___ (1999). No. 97-1235 decided June 10, 1999. Where police can order a group of people to disperse if they suspect one of them is a gang member, this city ordinance violates the U.S. Constitution. [Source Lawyers Weekly USA No. 9915901]

11. Warrantless Search Conducted 13 Hours after tip does not Violate Fourth Amendment Maryland v. Dyson ___ US ___ (1999). No. 98-1062 decided June 21, 1999. Where police conducted a warrantless search of a car 13 hours after receiving a tip that it would be used to transport cocaine that evening, this didn't violate the Fourth Amendment. [Source Lawyers Weekly USA No. 9915949]

12. Use of Co-Defendants' Confession without Testimony is Violation of Sixth Amendment Lilly v. Virginia ___ US ___ (1999). No. 98-5881 decided June 10, 1999. Where an accomplice's confession was used as evidence against a defendant even though the accomplice refused to testify, this violated the defendant's Sixth Amendment right to confront witnesses. [Source Lawyers Weekly USA No. 9915903]

13. No Additional Suspension Where Substantial Hardship DMV v. Henry 01-MVH-0402 (OAL). Under the circumstances where respondent's motor vehicle record has been free of significant violations for a substantial period of time, where suspension of his privileges will work some hardship, and where  there is evidence that he, at least of late, recognizes that driving privileges come with concomitant obligations, the ALJ orders that, in lieu of the Division's proposed maximum 180-day suspension of a respondent's driving privileges for operating a motor vehicle while his license was already suspended in violation of N.J.S.A. 39:3-40, he be issued a warning instead. [Initial decision dated March 16, 1999.]  [Source NJ Law Journal June 28, 1999]

Traffic Accidents NJ

 

Traffic Accidents

Procedurally, the following events occur in most personal injury cases. First, we must complete our investigation and file. This will involve the collection of data from your physician, your employer, and our investigator. When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we will commence negotiations with the opposition for a settlement.

If that avenue is not productive, then a complaint is filed, and the parties served with notice that a claim has been made. The opposition then is given a fixed time to file what is known as an Answer. The Answer if usually followed by a request for written interrogatories. These are questions that must be answered by the claimant with the aid of counsel. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question.

The deposition is just as important as the trial itself, and in the event you are deposed during the course of this action, you will receive detailed instructions as to procedure. After taking depositions, the case will be set down for trial. Following the setting of the case for trial, there will be preliminary conferences commonly known as pretrial hearings.

Altogether, these procedures may take from six months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.

Doctor/ Treatment:

It will help your case to tell us and your doctors about any injury or medical problems before or after your accident. Good cases can be lost by the injured person's concealing or forgetting an earlier or later injury or medical problem. Insurance companies keep a record of any and all claims against any insurance company. The insurance company is sure to find out if you have ever made a previous claim.

Tell your doctors all of your complaints. The doctor's records can only be as complete as what you have given. Keep track of all prescriptions and medicines taken and the bills therefor. Also save all bottles or containers of medicine.

You should keep a diary of your experiences since your accident. In addition to this daily record, we also ask you to start describing a single day in the course of your life. In other words, describe what you do when you get up in the morning, the first thing you do after you go to work, what type of work and effort do you put into your employment, what activities you engage in after work, etc.

In other words, we need you to describe the changes in your working life, your playing life, your life as a husband or wife or child or parent. In your written description of your day, we would appreciate your explanation in the greatest detail possible and in your own words how the accident and subsequent injuries have affected your life, your personality, and your outlook.

And remember that suffering does not entail mere physical pain; suffering can be emotional and can be transmitted to your family and friends, at work and at play. When you have completed this description, please return it to this office in the enclosed envelope.

You can also begin to set up a system for recording the expenses incurred in conjunction with your claim in minute detail. Medical and legal expenses are a strong part of the value of your lawsuit, so good records of these expenses must be kept at all times. Your attorney will keep track of your legal expenses, which may include costs of filing, service of process, investigation, reports, depositions, witness fees, jury fees, etc.

From time to time, however, there will be expenses incurred that you must keep track of yourself. We ask you to make every effort to avoid any possible error or inaccuracy as jurors have a relentless reverence for the truth. Keep your canceled checks and your list of expenses together, for we will need them at a later date.

Permit us to reiterate at this time that the opposition's insurance company will in all probability have a team of lawyers and investigators working diligently to counter your claim. During the course of their investigation, it is quite possible that they may attempt to contact you through various (and sometimes, devious) methods. Please do not make their jobs any easier for them by answering their questions.

We cannot emphasize too strongly that you should refrain at all times from discussing this matter with anyone--and that includes your employer, your relatives, your neighbors, and even your friends. Of course, there are exceptions to this rule.

If there are friends or neighbors or relatives who know all of the facts and circumstances surrounding the accident and can be of assistance to you, then they should be referred to this office so that their natural sympathy can be channeled into an effective asset for you.

Insurance companies pay money to claimants when they are satisfied there are both liability and damages that support a recovery. They can be expected to thoroughly investigate the facts of the accident and any past injuries or claims. The insurance company will obtain copies of all of the claimant's past medical records.

The insurance company may telephone you and record the conversation or send an adjuster (investigator) who may carry a concealed tape recorder. You should not discuss your case with anyone.

Obviously, we cannot stress too strongly that you not discuss this matter with anyone but your attorney or immediate, trusted family. You should sign no documents without the consent of this office. Remember that at all times you may be photographed and investigated by the opposition. If you follow the simple precautions which we have set out in your checklist, we feel that we will be able to obtain a fair and appropriate amount for your injuries. If you get any letters from anyone in connection with your case, mail or fax them to your attorney immediately.

 

Questioning: If any person approaches you with respect to this accident without your attorney's permission, make complete notes regarding the incident. These notes should include the name and address of the party, a description of the person, and a narrative description of what was said or done. Under no circumstances should you answer any question(s). All questions should be referred to your attorney's office.

Bills: Retain all bills which relate to your damages, including medical expenses, hospital expenses, drugs and medicines, therapy, appliances, and anything needed to assist in your recovery. If possible, pay these bills by check or money order, so that a complete record may be kept. If this is not possible, be certain to obtain a complete receipt with the bill heading on it, to indicate where the receipt came from and the party issuing it.

Evidence: Be certain to keep anything that comes into your possession which might be used as evidence in your case, such as shoes, clothing, glasses, photographs, defective machinery, defective parts, foreign substances which may have been a factor in your accident, etc. Be sure to let the office know that you have these items in your possession.

Photographs: Take photographs of all motor vehicles, machinery, appliances, etc., that may be connected--directly or indirectly--with your accident. Again, be sure to let the office know that you have such photographs.

Diary: Keep a diary of all matters concerning this accident--no matter how trivial you think it may be. You should include notes on the treatments you receive, therapy, casts, appliances, hospitalization, change of doctors, change of medication, symptoms, recurrence, setbacks, disabilities and inconveniences. If you have any doubt about the propriety of including some particular information, please call the office and let us assist you.

Keep your attorney advised: Keep this office advised at all times with respect to changes in address, important changes in medical treatment, termination of treatment, termination of employment, resumption of employment, or any other unusual change in your life.

Insurance reports: Before making any report to your insurance company, consult with this office on the advisability of the type of reports to be made concerning liability, medical payment coverage, property damage, or other claims under your policy, or claims against your own policy by a third party.

Lost wages: Keep a complete record of all lost wages. Obtain a statement from your company outlining the time you have lost, the rate of salary you are paid, the hours you work per week, your average weekly salary, and any losses suffered as a result of this accident. Where possible, also obtain other types of evidence such as ledger sheets, copies of time cards, canceled checks, check stubs, vouchers, pay slips, etc.

New information: In the event that any new information concerning the evidence in this case comes to your attention, report this to the Attorney immediately. This is particularly true in the case of witnesses who have heretofore been unavailable.

Surveillance: Remember at all times that you may be under surveillance and, therefore, subject to being photographed or filmed by the adverse party. Be advised that there are cases where photographs and films have been introduced in court showing claimants who were allegedly in serious condition participating in activities which they alleged they were unable to do. You do not have to live in fear of being photographed, of course, if your cause is a just one.

However, when carrying on your usual activities, keep in mind at all times that you are subject to investigation. If you have been seriously injured, do not do anything that will jeopardize your case during the course of your daily life. You should always follow your doctor's advice. If you have to do things which cause you pain, this can usually be explained to the full satisfaction of any court or jury.

There are cases where the insurance agent has attempted to discredit a personal injury plaintiff by taking movies of the claimant engaged in various physical activities. In one case, large rocks weighing over one hundred pounds were placed at the door of the garage during the night so that claimant would have to be forced to remove the rocks in order to drive to work. This, of course, was filmed and used to discredit the plaintiff's claim in court.

 

Traffic Ticket Representation NJ

Traffic Ticket Representation

TRAFFIC VIOLATIONS 4 POINTS OR LESS- WE GO TO COURT TO TRY TO NEGOTIATE FOR NEW NO POINT TICKET

 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 or in court for almost all traffic tickets, you will have to pay fines in court and 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.

Under the New Jersey Court Rules, a New Jersey Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points.

 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 the types of tickets we have handled to request the new no point ticket. Our attorneys can appear on your behalf without you having to go to court on the following matters:

VIOLATION	POINTS
39:4-66.2 Driving on private property to avoid traffic signal or stop sign	2
39:4-71 Improper driving on sidewalk	2
39:4-81 Failure to observe traffic signal	2
39:4-82 Failure to keep right	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 or shoulder	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
39:4-96 Reckless driving	5
39:4-97 Careless driving	2
39:4-98 Speeding up to 14 mph above limit	2
39:4-99 Speeding 15-29 mph above limit	4
39:4-99 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
39:4-123 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
39:4-128.1 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
39:4-144 Failure to observe stop or yield signs	2

Please call us immediately if you need experienced legal representation in a traffic/municipal court matter. We also provide representation in DWI, Criminal and other serious court matters. Kenneth Vercammen, Esq. Former Prosecutor for the Cranbury Municipal Court from 1991-1999, and Author Municipal Court Winning Strategies.

The new no point statute reads as follows:

39:4-97.2 Driving, operating a motor vehicle in an unsafe manner, offense created; fines; surcharge.

1. a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.

b.A person convicted of a first offense under subsection a. shall be subject to a fine of not less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

c.A person convicted of a second offense under subsection a. shall be subject to a fine of not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

d.A person convicted of a third or subsequent offense under subsection a. shall be subject to a fine of not less than $200.00 or more than $500.00 and shall be assessed motor vehicle penalty points pursuant to section 1 of P.L.1982, c.43 (C.39:5-30.5).

e.An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section.

f.In addition to any fine, fee or other charge imposed pursuant to law, the court shall assess a person convicted of an offense under subsection a. of this section a surcharge of $250 which shall be collected by the court and distributed to the Division of Revenue in the Department of the Treasury as a New Jersey Merit Rating Plan surcharge pursuant to subparagraph (a) of paragraph (2) of subsection b. of section 6 of P.L.1983, c.65 (C.17:29A-35).

 THIS MEANS FOR YOUR THIRD OFFENSE WITHIN FIVE YEARS OF THIS STATUTE, YOU WILL BE CHARGED 4 POINTS.

The Law Office of Kenneth Vercammen and Associates will 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. You also need to bring in, or 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.

Representation/ What We will do for you. 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 KennethVercammen.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
11. Determine defense and mitigating factors;
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 Worker's 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. You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. 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.

 Minimum Mandatory Fines, Points, Jail and Penalties Relating to Selected Motor Vehicle Offenses

 

Traffic Offense NJ

 

Traffic Offense

TRAFFIC VIOLATIONS 4 POINTS OR LESS-   WE GO TO COURT TO TRY TO NEGOTIATE FOR   NEW "NO POINT" TICKET

 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 or in court for almost all traffic tickets, you will have to pay fines in court and 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.

         Under the New Jersey Court Rules, a New Jersey  Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points.

 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 the types of tickets we have handled to request the new no point ticket. Our attorneys can appear on your behalf without you having to go to court on the following matters:

VIOLATION	POINTS
39:4-66.2   Driving on private property to avoid traffic signal or stop sign	2
39:4-71       Improper driving on sidewalk	2
39:4-81       Failure to observe traffic signal	2
39:4-82       Failure to keep right	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  or shoulder	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
39:4-96       Reckless driving	5
39:4-97       Careless driving	2
39:4-98       Speeding up to 14 mph above limit	2
39:4-99       Speeding 15-29 mph above limit	4
39:4-99       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
39:4-123     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
39:4-128.1  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
39:4-144     Failure to observe stop or yield signs	2

  Please call us immediately if you need experienced legal representation in a traffic/municipal court matter. We also provide representation in DWI, Criminal and other serious court matters.  Kenneth Vercammen, Esq. Former Prosecutor for the Cranbury Municipal Court from 1991-1999, and Author "Municipal Court Winning Strategies."

The new no point statute reads as follows: Driving, operating a motor vehicle in an unsafe manner, offense created; fines. Law   L.2000, c.75, s.1.

     1. a. Notwithstanding any other provision of law to the contrary, it shall be unlawful for any person to drive or operate a motor vehicle in an unsafe manner likely to endanger a person or property.

     b. A person convicted of a first offense under subsection a. shall be subject to a fine of not less than $50.00 or more than $150.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5).

     c. A person convicted of a second offense under subsection a. shall be subject to a fine of not less than $100.00 or more than $250.00 and shall not be assessed any motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5).

     d. A person convicted of a third or subsequent offense under subsection a. shall be subject to a fine of not less than $200.00 or more than $500.00 and shall be assessed motor vehicle penalty points pursuant to section 1 of P.L. 1982, c.43 (C.39:5-30.5). THIS MEANS FOR YOUR THIRD OFFENSE WITHIN FIVE YEARS OF THIS STATUTE, YOU WILL BE CHARGED 4 POINTS.

     e. An offense committed under this section that occurs more than five years after the prior offense shall not be considered a subsequent offense for the purpose of assessing motor vehicle penalty points under subsection d. of this section.    L.2000,  c.75, s.1.

     The Law Office of Kenneth Vercammen and Associates will 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. You also need to bring in, or 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.

   Representation/ What We will do for you.  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 KennethVercammen.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
11. Determine defense and mitigating factors;
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 Worker's 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.  You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. 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.

Minimum Mandatory Fines, Points, Jail and Penalties Relating to Selected Motor Vehicle Offenses

Traffic and Criminal Cases NJ

1. Auto Exception to Search Applicable only if Exigent Circumstances State v. Santiago ___ NJ Super. ___ (App. Div. 1999). A-896-97T2 decided March 30, 1999. The "automobile exception" justifies a police search of an automobile without a warrant only if there are exigent circumstances that render it "impracticable" to first obtain a warrant. When police have possession of a parcel and have it turned over to defendant by a "controlled delivery," police cannot later search defendant's automobile and the parcel without a warrant, since it was not impracticable to have first obtained a search warrant, and whatever "exigency" may have existed was created by the police themselves.

2. Police cannot Search for Driver Identification in Minor Motor Vehicle Stop State v. Lark ___ NJ Super. ___ (App. Div. 1999). A-3388-97T4 decided March 30, 1999. Under the federal and state constitutions, following a motor vehicle stop for a minor traffic violation, a police officer may not enter the vehicle to search for proof of the driver's identity even though the driver has failed to produce his driver's license and may have lied about his identity. The officers lacked probable cause to believe a crime had been committed. The dictum in State v. Boykins, 50 N.J. 73 (1967), does not authorize the search.

3. Spouse has no Financial Responsibility for other Spouse's Surcharges Clark v. Clark 324 NJ Super. 587 (Ch. Div. 1999). Motor vehicle insurance surcharges authorized by N.J.S.A. 17:29A-35b(2) and assessed against a spouse before the filing of a divorce complaint were non-marital debts for which the non-assessed spouse bore no financial liability. [Source NJ Lawyer Sept. 20, 1999]

4. Police Questioning at Hospital not Custodial Interrogation State v. Choinacki 324 NJ Super. 19 (App. Div. 1999). Where defendant was not physically detained at the hospital or subjected to continuous police supervision for a substantial period of time prior to giving her statements, the questioning of defendant both in the emergency room and the intensive care unit did not constitute custodial interrogation, and her statements were properly admitted despite the absence of Miranda warnings. [Source NJ Law Journal July 17, 1999]

5. Drug Bags from motel brought to Police Station Suppressed State v. Padilla 321 NJ Super. 96 (App. Div. 1999). Where bags containing the defendants' personal property were brought to police headquarters from the defendants' motel room after the defendants were arrested, the police had to give each defendant the opportunity to consent to a police inventory search or to make an alternative disposition of the property. [Source NJ Lawyer May 17, 1999]

6. No Brady Violation where Prosecutor Failure to Supply Facts where Evidence Supports Conviction Anyway Strickler v. Greene ___ US ___ (1999). No. 98-5864 decided June 17, 1999. There was no Brady violation in the prosecutor's failure to disclose materials in police files that cast serious doubt on significant portions of an eyewitness' testimony, where evidence of records strongly supports conclusion that petitioner would have been convicted of capital murder and sentenced to death even if that witness had been severely impeached or her testimony excluded entirely. [Source NJ Law Journal June 28, 1999]

7. Marijuana observed by police in house for sale admissible State v. Ferrari 323 NJ Super. 54 (App. Div. 1999). The Law Division erred by suppressing marijuana initially observed in the defendant's condominium by police officers posing as potential purchasers of the condominium; the officers did not violate the defendant's reasonable expectation of privacy. [Source NJ Lawyer July 19, 1999]

8. Request for Credentials is a Stop State v. Egan ___ NJ Super. ___ (Law Div. 1999). Appeal No. 0107-98 decided July 2, 1999. Unsupported by probable cause or reasonable suspicion, a police officer's request of credentials from the driver of a parked vehicle constituted a "stop"; was more than minimally necessary to dispel the officer's naked suspicion; and not justifiable as a "field inquiry."  The fruits of the stop are, therefore, suppressed.

9. Resident Only Parking Ordinance not Invalid State v. Marain 322 NJ Super. 444 (App. Div. 1999). A resident-only parking ordinance is not invalid as a violation of the provision of N.J.S.A. 39:3-42, which confers exclusive authority on the State to license or permit use or operation of motor vehicles.

10. Gang Ordinance Unconstitutional City of Chicago v. Morales ___ US ___ (1999). No. 97-1235 decided June 10, 1999. Where police can order a group of people to disperse if they suspect one of them is a gang member, this city ordinance violates the U.S. Constitution. [Source Lawyers Weekly USA No. 9915901]

11. Warrantless Search Conducted 13 Hours after tip does not Violate Fourth Amendment Maryland v. Dyson ___ US ___ (1999). No. 98-1062 decided June 21, 1999. Where police conducted a warrantless search of a car 13 hours after receiving a tip that it would be used to transport cocaine that evening, this didn't violate the Fourth Amendment. [Source Lawyers Weekly USA No. 9915949]

12. Use of Co-Defendants' Confession without Testimony is Violation of Sixth Amendment Lilly v. Virginia ___ US ___ (1999). No. 98-5881 decided June 10, 1999. Where an accomplice's confession was used as evidence against a defendant even though the accomplice refused to testify, this violated the defendant's Sixth Amendment right to confront witnesses. [Source Lawyers Weekly USA No. 9915903]

13. No Additional Suspension Where Substantial Hardship DMV v. Henry 01-MVH-0402 (OAL). Under the circumstances where respondent's motor vehicle record has been free of significant violations for a substantial period of time, where suspension of his privileges will work some hardship, and where  there is evidence that he, at least of late, recognizes that driving privileges come with concomitant obligations, the ALJ orders that, in lieu of the Division's proposed maximum 180-day suspension of a respondent's driving privileges for operating a motor vehicle while his license was already suspended in violation of N.J.S.A. 39:3-40, he be issued a warning instead. [Initial decision dated March 16, 1999.]  [Source NJ Law Journal June 28, 1999]