tag:blogger.com,1999:blog-386966952024-03-27T19:54:16.305-04:00Traffic Law and Municipal Court- Kenneth Vercammen Edison NJCertified Municipal Court Law Attorney. To schedule a confidential consultation, call 732-572-0500 To email Ken V, go here:
http://www.njlaws.com/ContactKenV.htmlVercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comBlogger719125tag:blogger.com,1999:blog-38696695.post-3539602805111659782023-12-26T13:48:00.001-05:002023-12-26T13:48:31.787-05:00Defense if Traffic Tickets in NJ<iframe width="480" height="360" src="https://youtube.com/embed/JQGHA-AtXlY?si=4LTfKXzJs2PoubJ9" frameborder="0"></iframe>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-44260996331169456062023-12-22T10:45:00.001-05:002023-12-22T10:45:07.793-05:003rd Cell phone use includes possible 90 day loss of license<iframe width="480" height="360" src="https://youtube.com/embed/yVG8h-wAmL4?si=hqXY62MhtmB5I2BO" frameborder="0"></iframe>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-41095357522274576002023-08-21T15:08:00.004-04:002023-08-21T15:09:43.389-04:00Traffic Ticket Representation<p>Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.</p><p>TRAFFIC REPRESENTATION AND NO POINTS</p><p>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</p><p> 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.</p><p> Under the New Jersey Court Rules, a New Jersey Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points.</p><p> 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.</p><table align="center" border="1" cellpadding="0" cellspacing="0"><tbody><tr><td>Violation</td><td>Points</td></tr><tr><td>27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway</td><td>2</td></tr><tr><td>27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway</td><td>4</td></tr><tr><td>27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway</td><td>2</td></tr><tr><td>39:3-20 <span 15px="" background-color:="" f9f9f9="" line-height:="" x-small="">Operating constructor vehicle in excess of 45 mph</span></td><td>3</td></tr><tr><td>39:4-14.3 Operating motorized bicycle on restricted highway</td><td>2</td></tr><tr><td>39:4-14.3d More than 1 person on a motorized bicycle.</td><td>2</td></tr><tr><td>39:4-35 Failure to yield to pedestrian in crosswalk,</td><td>2</td></tr><tr><td>39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk</td><td>2</td></tr><tr><td>39:4-41 Driving through safety zone.</td><td>2</td></tr><tr><td>39:4-52 Racing on Highway</td><td>5</td></tr><tr><td>39:4-55 Improper action or omission on grades and curves</td><td>2</td></tr><tr><td>39:4-57 Failure to observe directions of officer.</td><td>2</td></tr><tr><td>39:4-66 Failure to stop before crossing sidewalk</td><td>2</td></tr><tr><td>39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway</td><td>2</td></tr><tr><td>39:4-66.2 Driving on private property to avoid traffic signal or stop sign</td><td>2</td></tr><tr><td>39:4-71 Improper driving on sidewalk</td><td>2</td></tr><tr><td>39:4-81 Failure to observe traffic signal</td><td>2</td></tr><tr><td>39:4-82 Failure to keep right</td><td>2</td></tr><tr><td>39:4-83 Failure to keep right at intersection</td><td>2</td></tr><tr><td>39:4-84 Failure to pass right of vehicle proceeding in opposite direction</td><td>5</td></tr><tr><td>39:4-85 Improper passing on right or off roadway or shoulder</td><td>4</td></tr><tr><td>39:4-85.1 Wrong way on one-way street</td><td>2</td></tr><tr><td>39:4-86 Improper passing, in No Passing zone</td><td>4</td></tr><tr><td>39:4-87 Failure to yield to overtake vehicle</td><td>2</td></tr><tr><td>39:4-88 Failure to observe traffic lanes</td><td>2</td></tr><tr><td height="22">39:4-89 Tailgating</td><td>5</td></tr><tr><td>39:4-90 Failure to yield at intersection</td><td>2</td></tr><tr><td>39:4-90.1 Failure to use proper entrances to limited access highway</td><td>2</td></tr><tr><td>39:4-91, Failure to yield to emergency vehicle</td><td>2</td></tr><tr><td>39:4-96 Reckless driving</td><td>5</td></tr><tr><td>39:4-97 Careless driving</td><td>2</td></tr><tr><td>39:4-98 or Speeding up to 14 mph above limit</td><td>2</td></tr><tr><td>39:4-99 Speeding 15-29 mph above limit </td><td>4</td></tr><tr><td>39:4-99 Speeding 30 mph or more above limit</td><td>5</td></tr><tr><td>39:4-105 Failure to stop at traffic light</td><td>2</td></tr><tr><td>39:4-115 Improper turn at traffic light</td><td>3</td></tr><tr><td>39:4-123 Improper right or left turn</td><td>3</td></tr><tr><td>39:4-124 Improper turn: from approved turning course</td><td>3</td></tr><tr><td>39:4-125 Improper u-turn</td><td>3</td></tr><tr><td>39:4-126 Failure to give proper signal</td><td>2</td></tr><tr><td>39:4-127 Improper backing or turn in street</td><td>2</td></tr><tr><td>39:4-128.1 Improper passing of school bus</td><td>5</td></tr><tr><td>39:4-128.4 Improper passing of frozen dessert truck</td><td>4</td></tr><tr><td>39:4-129 Leaving scene of accident - No injuries</td><td>2</td></tr><tr><td>39:4-144 Failure to observe stop or yield signs</td><td>2</td></tr><tr><td>39:5D-4 Moving violation out-of-state</td><td>2</td></tr></tbody></table><p> 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.</p><p>The new no point statute reads as follows:<strong>39:4-97.2 Driving, operating a motor vehicle in an unsafe manner, offense created; fines; surcharge.</strong></p><p><a name="{ED87}"><br /><img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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.<br /><br /><img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />b.<img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).<br /><br /><img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />c.<img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).<br /><br /><img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />d.<img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).<br /><br /><img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />e.<img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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.<br /><br /></a></p><p><a name="{ED87}"><img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />f.<img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).</a></p><p><a name="{ED87}"></a> THIS MEANS FOR YOUR THIRD OFFENSE WITHIN FIVE YEARS OF THIS STATUTE, YOU WILL BE CHARGED 4 POINTS.</p><p> 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</p><p> 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.</p><p> 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.</p><p>1. Telephone consultation with client;<br />2. Office consultation with client, if requested;<br />3. Offer sound legal advice to client, plus access to our legal info website www.KennethVercammen.com<br />4. Preparation of letter of representation to Municipal Court;<br />5. Preparation of letter of representation to Municipal Court Prosecutor;<br />6. Preparation of statement to provide legal services;<br />7. Copies of all correspondence to Court and Prosecutor to client;<br />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;<br />9. Review of necessary statutes and case law;<br />10. Draft Defense by Affidavit<br />11. Determine defense and mitigating factors;<br />12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases;<br />13. Review documents supplied by client and court;<br />14. Travel to Municipal Court; 15. Negotiations with the Prosecutor and Representation in Municipal Court.<br />16. Preparation of End of Case Letter and client questionnaire.<br />17. Free Brochures provided on other legal topics such as Workers Comp, Wills, Personal Injury<br />18. Free subscription to monthly e-mail newsletter. Provide your email address.<br />19. Follow up telephone advice [If you call, provide the specific questions with the message].<br />20. Invitation to client socials/ seminars and Community events via email.<br />21. Hold and maintain file for seven years in storage as free client service.</p><p> 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</p><p> Your Responsibility- Please read carefully and follow instructions to help us help you</p><p>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.<br />2 You must notify the court and the law office immediately if your address or phone numbers change.<br />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.<br />4. Pay your fines immediately.<br />5. If you call, you must provide your questions to our receptionist.</p>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-36938011941011419212023-08-15T11:22:00.000-04:002023-08-15T11:22:00.615-04:00Whats New in Municipal Court<p> </p><p align="center"><strong>A Municipal Court Symposium at the NJSBA Convention in Atlantic City</strong></p><p align="center"><img alt="Mun Ct AtlanticCity .jpg KV.jpg (426568 bytes)" height="299" src="https://www.njlaws.com/uploaded_graphics/Mun_Ct_AtlanticCityKV.jpg" width="449" /><br /><br />Friday, May 20<br /><br />Speakers:<br />Richard M. Keil, Esq., Robert E. Ramsey, Esq. , John Menzel, Esq., Kenneth A. Vercammen, Esq., Jeffrey E. Gold.<br /><br />Including these hot topics and more<br /><br />… Alcotest 7110 Implementation Statewide in DWI<br />… Interlocking Devices proposed new legislation<br />… Proposed Amendment of Plea Bargain Guidelines<br />… Driving While Suspended Developments<br />… Review of new AG Guidelines on DWI<br />… Collateral Consequences of Municipal Court Convictions<br />… Ethics in the Municipal Court criminal, DWI and drug cases today</p>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-71118055917339770842023-07-31T11:52:00.005-04:002023-07-31T11:52:58.621-04:00Trip and Fall in Supermarket and Stores<p> </p><table aligcellpadding="0" border="0" cellspacing="10" style="width: 100%;"><tbody><tr><td valign="top"><h1 align="center"><strong>Trip and Fall in Supermarket and Stores</strong></h1></td></tr><tr><td valign="top"><p></p><p> Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a Serious Injury.</p><p>Sometimes, store customers are injured in fall downs caused by wet and slippery floors or failure by stores to clean up broken or fallen items. No one plans on being injured in an accident, whether it is a car accident, fall down or other situation. Speak with a personal injury attorney immediately to retain all your rights. The stores are responsible for the maintenance of their premises which are used by the public. It is the duty of the store to inspect and keep said premises in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to persons lawfully thereon.</p><p>It is further the duty of the store to properly and adequately inspect, maintain and keep the library premises free from danger to life, limb and property of persons lawfully and rightfully using same and to warn of any such dangers or hazards thereon. You may be lawfully upon the premises as a business invitee in the exercise of due care on your part, and solely by reason of the omission, failure and default of the store, be caused to fall down If the store did not perform their duty to plaintiff to maintain the premises in a safe, suitable and proper condition, you may be entitled to make a claim. If severely injured, you can file a claim for damages, together with interest and costs of suit. Injured people can demand trial by jury.</p><p>The following information is taken from the old model jury charges dealing with fall downs by store customers:</p><p>INVITEE - DEFINED AND GENERAL DUTY OWED</p><p>An invitee is one who is permitted to enter or remain on land (or premises) for a purpose of the owner (or occupier). He/She enters by invitation, expressed or implied. The owner (or occupier) of the land (or premises) who by invitation, expressed or implied, induced persons to come upon his/her premises, is under a duty to exercise ordinary care to render the premises reasonably safe for the purposes embraced in the invitation. Thus, he/she must exercise reasonable care for the invitees safety. He/She must take such steps as are reasonable and prudent to correct or give warning of hazardous conditions or defects actually known to him/her (or his/her employees), and of hazardous conditions or defects which he/she (or his/her employees) by the exercise of reasonable care, could discover.</p><p>BUSINESS INVITEE FALL DOWNS:</p><p>The basic duty of a proprietor of premises to which the public is invited for business purposes of the proprietor is to exercise reasonable care to see that one who enters his/her premises upon that invitation has a reasonably safe place to do that which is within the scope of the invitation.</p><p>Notes:</p><p>(1) Business Invitee: The duty owed to a business invitee is no different than the duty owed to other invitees.</p><p>(2) Construction Defects, Intrinsic and Foreign Substances: The rules dealt with in this section and subsequent sections apply mainly to those cases where injury is caused by transitory conditions, such as falls due to foreign substances or defects resulting from wear and tear or other deterioration of premises which were originally constructed properly.</p><p>Where a hazardous condition is due to defective construction or construction not in accord with applicable standards it is not necessary to prove that the owner or occupier had actual knowledge of the defect or would have become aware of the defect had he/she personally made an inspection. In such cases the owner is liable for failing to provide a safe place for the use of the invitee.</p><p>Thus, in Brody v. Albert Lipson & Sons, 17 N.J. 383 (1955), the court distinguished between a risk due to the intrinsic quality of the material used (calling it an intrinsic substance case) and a risk due to a foreign substance or extra-normal condition of the premises. There the case was submitted to the jury on the theory that the terrazzo floor was peculiarly liable to become slipper when wet by water and that defendant should have taken precautions against said risk. The court appears to reject defendants contention that there be notice, direct or mputed by proof of adequate opportunity to discover the defective condition. 17 N.J. at 389.</p><p>It may be possible to reconcile this position with the requirement of constructive notice of an unsafe condition by saying that an owner of premises is chargeable with knowledge of such hazards in construction as a reasonable inspection by an appropriate expert would reveal. See: Restatement to Torts 2d, §343, Comment f, pp. 217-218 (1965), saying that a proprietor is required to have superior knowledge of the dangers incident to facilities furnished to invitees.</p><p>Alternatively, one can view these cases as within the category of defective or hazardous conditions created by defendant or by an independent contractor for which defendant would be liable (see introductory note above).</p><p>Cases:</p><p>Bozza v. Vornado, Inc., 42 N.J. 355, 359 (1954) (slip and fall on sticky, slimy substance in self-service cafeteria which inferably fell to the floor as an incident of defendants mode of operation).</p><p>Buchner v. Erie Railroad Co., 17 N.J. 283, 285-286 (1955) (trip over curbstone improperly illuminated).</p><p>Brody v. Albert Lifson & Sons, 17 N.J. 383, 389 (1955) (slip and fall on wet composition floor in store).</p><p>Bohn v. Hudson & Manhattan R. Co., 16 N.J. 180, 185 (1954) (slip on smooth stairway in railroad station).</p><p>Williams v. Morristown Memorial Hospital, 59 N.J. Super. 384, 389 (App. Div. 1960) (fall over low wire fence separating grass plot from sidewalk).</p><p>Nary v. Dover Parking Authority, 58 N.J. super. 222, 226-227 (App. Div.</p><p>1959) (fall over bumper block in parking lot).</p><p>Parmenter v. Jarvis Drug Store, Inc., 48 N.J. Super. 507, 510 (App. Div. 1957) (slip and fall on wet linoleum near entrance of store on rainy day).</p><p>Nelson v. Great Atlantic & Pacific Tea Co., 48 N.J. Super. 300 (App. Div. 1958) (inadequate lighting of parking lot of supermarket, fall over unknown object).</p><p>Barnard v. Trenton-New Brunswick Theatre Co., 32 N.J. Super. 551, 557 (App. Div. 1954) (fall over ladder placed in theatre lobby by workmen of independent contractor).</p><p>Ratering v. Mele, 11 N.J. Super. 211, 213 (App. Div. 1951) (slip and fall on littered stairway at entrance to restaurant).</p><p>DUTY TO INSPECT OWED TO INVITEE The duty of an owner (or occupier) of land (or premises) to make the place reasonably safe for the proper use of an invitee requires the owner or occupier to make reasonable inspection of the land (or premises) to discover hazardous conditions.</p><p>Cases:</p><p>Handelman v. Cox, 39 N.J. 95, 111 (1963) (salesman showing merchandise to employees of defendant fell down cellar stairway partially obscured by carton)</p><p>NOTICE OF PARTICULAR DANGER AS CONDITION OF LIABILITY If the jury members find that the land (or premises) was not in a reasonably safe condition, then, in order to recover, plaintiff must show either that the owner (or occupier) knew of the unsafe condition for a period of time prior to plaintiffs injury sufficient to permit him/her in the exercise of reasonable care to have corrected it, or that the condition had existed for a sufficient length of time prior to plaintiffs injury that in the exercise of reasonable care the owner (or occupier) should have discovered its existence and corrected it.</p><p>Cases:</p><p>Tua v. Modern Homes, Inc., 64 N.J. Super. 211 (App. Div. 1960), affirmed, 33 N.J. 476 (1960) (slip and fall on small area of slipper waxlike substance in store); Parmenter v. Jarvis Drug Store, Inc., 48 N.J. Super. 507, 510 (App. Div. 1957) (slip and fall on wet linoleum near entrance of store on rainy day); Ratering v. Mele, 11 N.J. Super. 211, 213 (App. Div. 1951) (slip and fall on littered stairway at entrance to restaurant).</p><p>Notes:</p><p>(1) The above charge is applicable to those cases where the defendant is not at fault for the creation of the hazard of where the hazard is not to be reasonably anticipated as an incident of defendants mode of operation. See: Maugeri v. Great Atlantic & Pacific Tea Company, 357 F.2d 202 (3rd Cir. 1966) (dictum).</p><p>(2) An employees knowledge of the danger is imputed to his/her employer, the owner of premises. Handelman v. Cox, 39 N.J. 95, 104 (1963).</p><p>NOTICE NOT REQUIRED WHEN CONDITION IS CAUSED BY DEFENDANT</p><p>If the jury members find that the land (or premises) was not in a reasonably safe condition and that the owner (or occupier) or his/her agent, servant or employee created that condition through his/her own act or omission, then, in order for plaintiff to recover, it is not necessary for the jury members also to find that the owner (or occupier) had actual or constructive notice of the particular unsafe condition.</p><p>Cases:</p><p>Smith v. First National Stores, 94 N.J. Super. 462 (App. Div. 1967)(slip and fall on greasy stairway caused by sawdust tracked onto the steps by defendants employees); Plaga v. Foltis, 88 N.J. Super. 209 (App. Div. 1965) (slip and fall on fat in restaurant area traversed by bus boy); Torda v. Grand Union Co., 59 N.J. Super. 41 (App. Div. 1959) (slip and fall in self-service market on wet floor near vegetable bin). Also see: Thompson v. Giant Tiger Corp., 118 N.J.L. 10 (E. & A. 1937); Wollerman v. Grand Union Stores, Inc., 47 N.J. 426 (1956); Lewin v. Orbachs, Inc., 14 N.J. Super. 193 (App. Div. 1951); Maugeri v. Great Atlantic & Pacific Tea Company, 357 F.2d 202 (3rd Cir. 1966).</p><p>BURDEN OF GOING FORWARD</p><p>In Wollerman v. Grand Union Stores, Inc., 47 N.J. 426, 429-430 (1966), the court held that where string beans are sold from bins on a self-service basis there is a probability that some will fall or be dropped on the floor either by defendants employees or by customers. Since plaintiff would not be in a position to prove whether a particular string bean was dropped by an employee or another customer (or how long it was on the floor) a showing of this type of operation is sufficient to put the burden on the defendant to come forward with proof that defendant did what was reasonably necessary (made periodic inspections and clean-up) in order to protect a customer against the risk of injury likely to be generated by defendants mode of operation. Presumably, however, the burden of proof remains on plaintiff to prove lack of reasonable care on defendants part. If defendant fails to produce evidence of reasonable care, the jury may infer that the fault was probably his. See also: Bozza, supra, 42 N.J. at 359.</p><p>Whether or not defendant has furnished an invitee with a reasonably safe place for his/her use may depend upon the obviousness of the condition claimed to be hazardous and the likelihood that the invitee would realize the hazard and protect himself/herself against it. Even though an unsafe condition may be observable by an invitee the jury members may find that an owner (or occupier) of premises is negligent, nevertheless, in maintaining said condition when the condition presents an unreasonable hazard to invitees in the circumstances of a particular case. If the jury members find that defendant was negligent in maintaining an unsafe condition, even though the condition would be obvious to an invitee, the fact that the condition was obvious should be considered by the jury members in determining whether the invitee was contributorily negligent (a) in proceeding in the face of a known hazard or (b) in the manner in which the invitee proceeded in the face of a known hazard.</p><p>DISTRACTION OR FORGETFULNESS OF INVITEE</p><p>Even if the jury members find that plaintiff knew of the existence of the unsafe or defective condition, or that the unsafe or defective condition was so obvious that defendant had a reasonable basis to expect that an invitee would realize its existence, plaintiff may still recover if the circumstances or conditions are such that plaintiffs attention would be distracted so that he/she would not realize or would forget the location or existence of the hazard or would fail to protect himself/herself against it.</p><p>Thus, even where a hazardous condition is obvious the jury members must first determine whether in the circumstances the defendant was negligent in permitting the condition to exist. Even if defendant was negligent, however, if plaintiff knew that a hazardous condition existed, plaintiff could not recover if he/she was contributorily negligent, that is to say, plaintiff could not recover if he/she did not act as a reasonably prudent person either by proceeding in the face of a known danger or by not using reasonable care in the manner in which he/she proceeded in the face of the danger. In considering whether plaintiff was contributorily negligent the jury members may consider that even persons of reasonable prudence in certain circumstances may have their attention distracted so that they would not realize or remember the existence of a hazardous condition and would fail to protect themselves against it. Mere lapse of memory or inattention or mental abstraction at the critical moment is not an adequate excuse. One who is inattentive or forgetful of a known and obvious danger is contributorily negligent unless there is some condition or circumstance which would distract or divert the mind or attention of a reasonably prudent person.</p><p>Note:</p><p>In McGrath v. American Cyanamid Co., 41 N.J. 272 (1963), the employee of a subcontractor was killed when a plank comprising a catwalk over a deep trench up-ended causing him to fall. The court held that even if the decedent had appreciated the danger that fact by itself would not have barred recovery. The court said if the danger was one which due care would not have avoided, due care might, nevertheless, require notice of warning unless the danger was known or obvious. If the danger was created by a breach of defendants duty of care, that negligence would not be dissipated merely because the decedent knew of the danger.Negligence would remain, but decedents knowledge would affect the issue of contributory negligence. The issue would remain whether decedent acted as a reasonably prudent person in view of the known risk, either by incurring the known risk (by staying on the job), or by the manner in which he proceeded in the face of that risk.</p><p>In Zentz v. Toop, 92 N.J. Super. 105, 114-115 (App. Div. 1966), affirmed o.b., 50 N.J. 250 (1967), the employee of a roofing contractor, while carrying hot tar, tripped over a guide wire supporting an air conditioning tower on a roof. The court held that even if plaintiff had observed the wires or if they were so obvious that he/she should have observed them, the question remained whether, considering the hazard and the work of the employee, he/she was entitled to more than mere knowledge of the existence of the wires or whether he/she was entitled to a warning by having the wires flagged or painted in a contrasting color. This was a fact for the jury to determine. The jury must also determine whether defendant had reason to expect that the employees attention would have been distracted as he/she worked or that he/she would forget the location of a known hazard or fail to protect himself against it. The court also held the plaintiffs knowledge of the danger would not alone bar his/her recovery, but this knowledge goes to the issue of contributory negligence.</p><p>In Ferrie v. DArc, 31 N.J. 92, 95 (1959), the court held that there was no reasonable excuse for plaintiffs forgetfulness or inattention to the fact that a railing was temporarily absent from her porch, as she undertook to throw bones to her dog, and fell to the ground because of the absence of a railing she customarily leaned upon. The court held: When an injury results from forgetfulness or inattention to a known danger, the obvious contributory negligence is not excusable in the absence of some condition or circumstance which would divert the mind or attention of an ordinarily prudent man. Mere lapse of memory, or inattention or mental abstraction at the critical moment cannot be considered an adequate diversion. One who is inattentive to or forgetful of a known and obvious condition which contains a risk of injury is obvious condition which contains a risk of injury to guilty of contributory negligence as a matter of law, unless some diversion of the type referred to above is shown to have existed at the time.</p><p>The following discussion in 2 Harper & James, Torts, §27.13, pp. 1489 et seq., (1956), cited with approval in Zentz v. Toop, supra, 92 N.J. Super. at 112, may be helpful in understanding the principles involved in the above charges:</p><p>Once an occupier has learned of dangerous conditions on his/her premises, a serious question arises as to whether he/she may--as a matter of law under all circumstances--discharge all further duty to his/her invitees by simply giving them a warning adequate to enable them to avoid the harm. A good many authorities, including the Restatement, take the position that he/she may. But this proposition is a highly doubtful one both on principle and authority. The alternative would be a requirement of due care to make the conditions reasonably safe--a requirement which might well be satisfied by warning or obviousness in any given case, but which would not be so satisfied invariably.</p><p>* * *</p><p>1. Defendants duty. People can hurt themselves on almost any condition of the premises. That is certainly true of an ordinary flight of stairs. But it takes more than this to make a condition unreasonably dangerous. If people who are likely to encounter a condition may be expected to take perfectly good care themselves without further precautions, then the condition is not unreasonably dangerous because the likelihood of harm is slight. This is true of the flight of ordinary stairs in a usual place in the daylight. It is also true of ordinary curbing along a sidewalk, doors or windows in a house, counters in a store, stones and slopes in a New England field, and countless other things which are common in our everyday experience. It may also be true of less common and obvious conditions which lurk in a place where visitors would expect to find such dangers. The ordinary person can use or encounter all of these things safely if he/she is fully aware of their presence at the time. And if they have no unusual features and are in a place where he/she would naturally look for them, he/she may be expected to take care of himself if they are plainly visible. In such cases it is enough if the condition is obvious, or is made obvious (e.g., by illumination). * * *</p><p>On the other hand, the fact that a condition is obvious--i.e., it would be clearly visible to one whose attention was directed to it--does not always remove all unreasonable danger. It may fail to do so in two lines of cases. In one line of cases, people would not in fact expect to find the condition where it is, or they are likely to have their attention distracted as they approach it, or, for some other reason, they are in fact not likely to see it, though it could be readily and safely avoided if they did. There may be negligence in creating or maintaining such a condition even though it is physically obvious; slight obstructions to travel on a sidewalk an unexpected step in a store aisle or between a passenger elevator and the landing furnish examples. Under the circumstances of any particular case, an additional warning may, as a matter of fact, suffice to remove the danger, as where a customer, not hurried by crowds or some emergency, and in possession of his/her facilities, is told to watch his/her step or step up at the appropriate time. When this is the case, the warning satisfies the requirement of due care and is incompatible with defendants negligence. Here again, plaintiffs recovery would be prevented by thatfact no matter how careful he/she was. But under ordinary negligence principles the question is properly one of fact for the jury except in the clearest situations.</p><p>In the second line of cases the condition of danger is suchthat it cannot be encountered with reasonable safety even if the danger is known and appreciated. An icy flight of stairs or sidewalk, a slippery floor, a defective crosswalk, or a walkway near an exposed high tension wire may furnish examples. So may the less dangerous kind of condition if surrounding circumstances are likely to force plaintiff upon it, or if, for any other reason, his/her knowledge is not likely to be a protection against danger. It is in these situations that the bit of the Restatements adequate warning rule is felt. Here, if people are in fact likely to encounter the danger, the duty of reasonable care to make conditions reasonably safe is not satisfied by a simple warning; the probability of harm in spite of such precaution is still unreasonably great. And the books are full of cases in which defendants, owing such a duty, are held liable for creating or maintaining a perfectly obvious danger of which plaintiffs are fully aware. The Restatement, however, would deny liability here because the occupier need not invite visitors, and if he/she does, he/she may condition the invitation on any terms he/she chooses, so long as there is full disclosure of them. If the invitee wishes to come on those terms, he/she assumes the risk.</p><p>The Restatement view is wrong in policy. The law has never freed landownership or possession from all restrictions or obligations imposed in the social interest. The possessors duty to use care towards those outside the land is of long standing. And many obligations are imposed for the benefit of people who voluntarily come upon the land. For the invitee, the occupier must make reasonable inspection and give warning of hidden perils. . . But this should not be conclusive. Reasonable expectations may raise duties, but they should not always limit them. The gist of the matter is unreasonable probability of harm in fact. And when that is great enough in spite of full disclosure, it is carrying the quasi-sovereignty of the landowner pretty far to let him ignore it to the risk of life and limb.</p><p>So far as authority goes, the orthodox theory is getting to be a pretty feeble reed for defendants to lean on. It is still frequently stated, though often by way of dictum. On the other hand, some cases have simply--though unostentatiously--broken with tradition and held defendant liable to an invitee in spite of his/her knowledge of the danger, when the danger was great enough and could have been feasibly remedied. Other cases stress either the reasonable assumption of safety which the invitee may make or the likelihood that his/her attention will be distracted, in order to cut down the notion of what is obvious or the adequacy of warning. And the latter is often a jury question even under the Restatement rule. It is not surprising, then, that relatively few decisions have depended on the Restatement rule alone for denying liability.</p><p>2. Contributory Negligence. . . But there are several situations in which a plaintiff will not be barred by contributory negligence although he/she encountered a known danger. . . For another, it is not necessarily negligent for a plaintiff knowingly and deliberately to encounter a danger which it is negligent for defendant to maintain. Thus a traveler may knowingly use a defective sidewalk, or a tenant a defective common stairway, without being negligent if the use was reasonable under all the circumstances.</p><p>CONCLUSION These situations show that the invitee will not always be barred by his/her self-exposure to known dangers on the premises.</p></td></tr></tbody></table>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-81521548897181275482023-07-31T11:50:00.004-04:002023-07-31T11:50:43.213-04:00Trip and Fall<p> </p><table cellpadding="0" cellspacing="0" style="height: 113px; width: 100%;"><tbody><tr valign="top"><td height="111" width="100%"><table aligcellpadding="0" border="0" cellspacing="10" style="width: 100%;"><tbody><tr><td valign="top"><h1 align="center"><strong>Trip and Fall</strong></h1></td></tr><tr><td valign="top"><p></p><p>Edited by Kenneth Vercammen, Esq. Sometimes, store customers are injured in fall downs caused by wet and slippery floors or failure by stores to clean up broken or fallen items. No one plans on being injured in an accident, whether it is a car accident, fall down or other situation. Speak with a personal injury attorney immediately to retain all your rights. The stores are responsible for the maintenance of their premises which are used by the public. It is the duty of the store to inspect and keep said premises in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to persons lawfully thereon.</p><p>It is further the duty of the store to properly and adequately inspect, maintain and keep the library premises free from danger to life, limb and property of persons lawfully and rightfully using same and to warn of any such dangers or hazards thereon. You may be lawfully upon the premises as a business invitee in the exercise of due care on your part, and solely by reason of the omission, failure and default of the store, be caused to fall down If the store did not perform their duty to plaintiff to maintain the premises in a safe, suitable and proper condition, you may be entitled to make a claim. If severely injured, you can file a claim for damages, together with interest and costs of suit. Injured people can demand trial by jury.</p><p>The following information is taken from the old model jury charges dealing with fall downs by store customers:</p><p>INVITEE - DEFINED AND GENERAL DUTY OWED</p><p>An invitee is one who is permitted to enter or remain on land (or premises) for a purpose of the owner (or occupier). He/She enters by invitation, expressed or implied. The owner (or occupier) of the land (or premises) who by invitation, expressed or implied, induced persons to come upon his/her premises, is under a duty to exercise ordinary care to render the premises reasonably safe for the purposes embraced in the invitation. Thus, he/she must exercise reasonable care for the invitees safety. He/She must take such steps as are reasonable and prudent to correct or give warning of hazardous conditions or defects actually known to him/her (or his/her employees), and of hazardous conditions or defects which he/she (or his/her employees) by the exercise of reasonable care, could discover.</p><p>BUSINESS INVITEE FALL DOWNS:</p><p>The basic duty of a proprietor of premises to which the public is invited for business purposes of the proprietor is to exercise reasonable care to see that one who enters his/her premises upon that invitation has a reasonably safe place to do that which is within the scope of the invitation.</p><p>Notes:</p><p>(1) Business Invitee: The duty owed to a business invitee is no different than the duty owed to other invitees.</p><p>(2) Construction Defects, Intrinsic and Foreign Substances: The rules dealt with in this section and subsequent sections apply mainly to those cases where injury is caused by transitory conditions, such as falls due to foreign substances or defects resulting from wear and tear or other deterioration of premises which were originally constructed properly.</p><p>Where a hazardous condition is due to defective construction or construction not in accord with applicable standards it is not necessary to prove that the owner or occupier had actual knowledge of the defect or would have become aware of the defect had he/she personally made an inspection. In such cases the owner is liable for failing to provide a safe place for the use of the invitee.</p><p>Thus, in Brody v. Albert Lipson & Sons, 17 N.J. 383 (1955), the court distinguished between a risk due to the intrinsic quality of the material used (calling it an intrinsic substance case) and a risk due to a foreign substance or extra-normal condition of the premises. There the case was submitted to the jury on the theory that the terrazzo floor was peculiarly liable to become slipper when wet by water and that defendant should have taken precautions against said risk. The court appears to reject defendants contention that there be notice, direct or mputed by proof of adequate opportunity to discover the defective condition. 17 N.J. at 389.</p><p>It may be possible to reconcile this position with the requirement of constructive notice of an unsafe condition by saying that an owner of premises is chargeable with knowledge of such hazards in construction as a reasonable inspection by an appropriate expert would reveal. See: Restatement to Torts 2d, §343, Comment f, pp. 217-218 (1965), saying that a proprietor is required to have superior knowledge of the dangers incident to facilities furnished to invitees.</p><p>Alternatively, one can view these cases as within the category of defective or hazardous conditions created by defendant or by an independent contractor for which defendant would be liable (see introductory note above).</p><p>Cases:</p><p>Bozza v. Vornado, Inc., 42 N.J. 355, 359 (1954) (slip and fall on sticky, slimy substance in self-service cafeteria which inferably fell to the floor as an incident of defendants mode of operation).</p><p>Buchner v. Erie Railroad Co., 17 N.J. 283, 285-286 (1955) (trip over curbstone improperly illuminated).</p><p>Brody v. Albert Lifson & Sons, 17 N.J. 383, 389 (1955) (slip and fall on wet composition floor in store).</p><p>Bohn v. Hudson & Manhattan R. Co., 16 N.J. 180, 185 (1954) (slip on smooth stairway in railroad station).</p><p>Williams v. Morristown Memorial Hospital, 59 N.J. Super. 384, 389 (App. Div. 1960) (fall over low wire fence separating grass plot from sidewalk).</p><p>Nary v. Dover Parking Authority, 58 N.J. super. 222, 226-227 (App. Div.</p><p>1959) (fall over bumper block in parking lot).</p><p>Parmenter v. Jarvis Drug Store, Inc., 48 N.J. Super. 507, 510 (App. Div. 1957) (slip and fall on wet linoleum near entrance of store on rainy day).</p><p>Nelson v. Great Atlantic & Pacific Tea Co., 48 N.J. Super. 300 (App. Div. 1958) (inadequate lighting of parking lot of supermarket, fall over unknown object).</p><p>Barnard v. Trenton-New Brunswick Theatre Co., 32 N.J. Super. 551, 557 (App. Div. 1954) (fall over ladder placed in theatre lobby by workmen of independent contractor).</p><p>Ratering v. Mele, 11 N.J. Super. 211, 213 (App. Div. 1951) (slip and fall on littered stairway at entrance to restaurant).</p><p>DUTY TO INSPECT OWED TO INVITEE The duty of an owner (or occupier) of land (or premises) to make the place reasonably safe for the proper use of an invitee requires the owner or occupier to make reasonable inspection of the land (or premises) to discover hazardous conditions.</p><p>Cases:</p><p>Handelman v. Cox, 39 N.J. 95, 111 (1963) (salesman showing merchandise to employees of defendant fell down cellar stairway partially obscured by carton)</p><p>NOTICE OF PARTICULAR DANGER AS CONDITION OF LIABILITY If the jury members find that the land (or premises) was not in a reasonably safe condition, then, in order to recover, plaintiff must show either that the owner (or occupier) knew of the unsafe condition for a period of time prior to plaintiffs injury sufficient to permit him/her in the exercise of reasonable care to have corrected it, or that the condition had existed for a sufficient length of time prior to plaintiffs injury that in the exercise of reasonable care the owner (or occupier) should have discovered its existence and corrected it.</p><p>Cases:</p><p>Tua v. Modern Homes, Inc., 64 N.J. Super. 211 (App. Div. 1960), affirmed, 33 N.J. 476 (1960) (slip and fall on small area of slipper waxlike substance in store); Parmenter v. Jarvis Drug Store, Inc., 48 N.J. Super. 507, 510 (App. Div. 1957) (slip and fall on wet linoleum near entrance of store on rainy day); Ratering v. Mele, 11 N.J. Super. 211, 213 (App. Div. 1951) (slip and fall on littered stairway at entrance to restaurant).</p><p>Notes:</p><p>(1) The above charge is applicable to those cases where the defendant is not at fault for the creation of the hazard of where the hazard is not to be reasonably anticipated as an incident of defendants mode of operation. See: Maugeri v. Great Atlantic & Pacific Tea Company, 357 F.2d 202 (3rd Cir. 1966) (dictum).</p><p>(2) An employees knowledge of the danger is imputed to his/her employer, the owner of premises. Handelman v. Cox, 39 N.J. 95, 104 (1963).</p><p>NOTICE NOT REQUIRED WHEN CONDITION IS CAUSED BY DEFENDANT</p><p>If the jury members find that the land (or premises) was not in a reasonably safe condition and that the owner (or occupier) or his/her agent, servant or employee created that condition through his/her own act or omission, then, in order for plaintiff to recover, it is not necessary for the jury members also to find that the owner (or occupier) had actual or constructive notice of the particular unsafe condition.</p><p>Cases:</p><p>Smith v. First National Stores, 94 N.J. Super. 462 (App. Div. 1967)(slip and fall on greasy stairway caused by sawdust tracked onto the steps by defendants employees); Plaga v. Foltis, 88 N.J. Super. 209 (App. Div. 1965) (slip and fall on fat in restaurant area traversed by bus boy); Torda v. Grand Union Co., 59 N.J. Super. 41 (App. Div. 1959) (slip and fall in self-service market on wet floor near vegetable bin). Also see: Thompson v. Giant Tiger Corp., 118 N.J.L. 10 (E. & A. 1937); Wollerman v. Grand Union Stores, Inc., 47 N.J. 426 (1956); Lewin v. Orbachs, Inc., 14 N.J. Super. 193 (App. Div. 1951); Maugeri v. Great Atlantic & Pacific Tea Company, 357 F.2d 202 (3rd Cir. 1966).</p><p>BURDEN OF GOING FORWARD</p><p>In Wollerman v. Grand Union Stores, Inc., 47 N.J. 426, 429-430 (1966), the court held that where string beans are sold from bins on a self-service basis there is a probability that some will fall or be dropped on the floor either by defendants employees or by customers. Since plaintiff would not be in a position to prove whether a particular string bean was dropped by an employee or another customer (or how long it was on the floor) a showing of this type of operation is sufficient to put the burden on the defendant to come forward with proof that defendant did what was reasonably necessary (made periodic inspections and clean-up) in order to protect a customer against the risk of injury likely to be generated by defendants mode of operation. Presumably, however, the burden of proof remains on plaintiff to prove lack of reasonable care on defendants part. If defendant fails to produce evidence of reasonable care, the jury may infer that the fault was probably his. See also: Bozza, supra, 42 N.J. at 359.</p><p>Whether or not defendant has furnished an invitee with a reasonably safe place for his/her use may depend upon the obviousness of the condition claimed to be hazardous and the likelihood that the invitee would realize the hazard and protect himself/herself against it. Even though an unsafe condition may be observable by an invitee the jury members may find that an owner (or occupier) of premises is negligent, nevertheless, in maintaining said condition when the condition presents an unreasonable hazard to invitees in the circumstances of a particular case. If the jury members find that defendant was negligent in maintaining an unsafe condition, even though the condition would be obvious to an invitee, the fact that the condition was obvious should be considered by the jury members in determining whether the invitee was contributorily negligent (a) in proceeding in the face of a known hazard or (b) in the manner in which the invitee proceeded in the face of a known hazard.</p><p>DISTRACTION OR FORGETFULNESS OF INVITEE</p><p>Even if the jury members find that plaintiff knew of the existence of the unsafe or defective condition, or that the unsafe or defective condition was so obvious that defendant had a reasonable basis to expect that an invitee would realize its existence, plaintiff may still recover if the circumstances or conditions are such that plaintiffs attention would be distracted so that he/she would not realize or would forget the location or existence of the hazard or would fail to protect himself/herself against it.</p><p>Thus, even where a hazardous condition is obvious the jury members must first determine whether in the circumstances the defendant was negligent in permitting the condition to exist. Even if defendant was negligent, however, if plaintiff knew that a hazardous condition existed, plaintiff could not recover if he/she was contributorily negligent, that is to say, plaintiff could not recover if he/she did not act as a reasonably prudent person either by proceeding in the face of a known danger or by not using reasonable care in the manner in which he/she proceeded in the face of the danger. In considering whether plaintiff was contributorily negligent the jury members may consider that even persons of reasonable prudence in certain circumstances may have their attention distracted so that they would not realize or remember the existence of a hazardous condition and would fail to protect themselves against it. Mere lapse of memory or inattention or mental abstraction at the critical moment is not an adequate excuse. One who is inattentive or forgetful of a known and obvious danger is contributorily negligent unless there is some condition or circumstance which would distract or divert the mind or attention of a reasonably prudent person.</p><p>Note:</p><p>In McGrath v. American Cyanamid Co., 41 N.J. 272 (1963), the employee of a subcontractor was killed when a plank comprising a catwalk over a deep trench up-ended causing him to fall. The court held that even if the decedent had appreciated the danger that fact by itself would not have barred recovery. The court said if the danger was one which due care would not have avoided, due care might, nevertheless, require notice of warning unless the danger was known or obvious. If the danger was created by a breach of defendants duty of care, that negligence would not be dissipated merely because the decedent knew of the danger.Negligence would remain, but decedents knowledge would affect the issue of contributory negligence. The issue would remain whether decedent acted as a reasonably prudent person in view of the known risk, either by incurring the known risk (by staying on the job), or by the manner in which he proceeded in the face of that risk.</p><p>In Zentz v. Toop, 92 N.J. Super. 105, 114-115 (App. Div. 1966), affirmed o.b., 50 N.J. 250 (1967), the employee of a roofing contractor, while carrying hot tar, tripped over a guide wire supporting an air conditioning tower on a roof. The court held that even if plaintiff had observed the wires or if they were so obvious that he/she should have observed them, the question remained whether, considering the hazard and the work of the employee, he/she was entitled to more than mere knowledge of the existence of the wires or whether he/she was entitled to a warning by having the wires flagged or painted in a contrasting color. This was a fact for the jury to determine. The jury must also determine whether defendant had reason to expect that the employees attention would have been distracted as he/she worked or that he/she would forget the location of a known hazard or fail to protect himself against it. The court also held the plaintiffs knowledge of the danger would not alone bar his/her recovery, but this knowledge goes to the issue of contributory negligence.</p><p>In Ferrie v. DArc, 31 N.J. 92, 95 (1959), the court held that there was no reasonable excuse for plaintiffs forgetfulness or inattention to the fact that a railing was temporarily absent from her porch, as she undertook to throw bones to her dog, and fell to the ground because of the absence of a railing she customarily leaned upon. The court held: When an injury results from forgetfulness or inattention to a known danger, the obvious contributory negligence is not excusable in the absence of some condition or circumstance which would divert the mind or attention of an ordinarily prudent man. Mere lapse of memory, or inattention or mental abstraction at the critical moment cannot be considered an adequate diversion. One who is inattentive to or forgetful of a known and obvious condition which contains a risk of injury is obvious condition which contains a risk of injury to guilty of contributory negligence as a matter of law, unless some diversion of the type referred to above is shown to have existed at the time.</p><p>The following discussion in 2 Harper & James, Torts, §27.13, pp. 1489 et seq., (1956), cited with approval in Zentz v. Toop, supra, 92 N.J. Super. at 112, may be helpful in understanding the principles involved in the above charges:</p><p>Once an occupier has learned of dangerous conditions on his/her premises, a serious question arises as to whether he/she may--as a matter of law under all circumstances--discharge all further duty to his/her invitees by simply giving them a warning adequate to enable them to avoid the harm. A good many authorities, including the Restatement, take the position that he/she may. But this proposition is a highly doubtful one both on principle and authority. The alternative would be a requirement of due care to make the conditions reasonably safe--a requirement which might well be satisfied by warning or obviousness in any given case, but which would not be so satisfied invariably.</p><p>* * *</p><p>1. Defendants duty. People can hurt themselves on almost any condition of the premises. That is certainly true of an ordinary flight of stairs. But it takes more than this to make a condition unreasonably dangerous. If people who are likely to encounter a condition may be expected to take perfectly good care themselves without further precautions, then the condition is not unreasonably dangerous because the likelihood of harm is slight. This is true of the flight of ordinary stairs in a usual place in the daylight. It is also true of ordinary curbing along a sidewalk, doors or windows in a house, counters in a store, stones and slopes in a New England field, and countless other things which are common in our everyday experience. It may also be true of less common and obvious conditions which lurk in a place where visitors would expect to find such dangers. The ordinary person can use or encounter all of these things safely if he/she is fully aware of their presence at the time. And if they have no unusual features and are in a place where he/she would naturally look for them, he/she may be expected to take care of himself if they are plainly visible. In such cases it is enough if the condition is obvious, or is made obvious (e.g., by illumination). * * *</p><p>On the other hand, the fact that a condition is obvious--i.e., it would be clearly visible to one whose attention was directed to it--does not always remove all unreasonable danger. It may fail to do so in two lines of cases. In one line of cases, people would not in fact expect to find the condition where it is, or they are likely to have their attention distracted as they approach it, or, for some other reason, they are in fact not likely to see it, though it could be readily and safely avoided if they did. There may be negligence in creating or maintaining such a condition even though it is physically obvious; slight obstructions to travel on a sidewalk an unexpected step in a store aisle or between a passenger elevator and the landing furnish examples. Under the circumstances of any particular case, an additional warning may, as a matter of fact, suffice to remove the danger, as where a customer, not hurried by crowds or some emergency, and in possession of his/her facilities, is told to watch his/her step or step up at the appropriate time. When this is the case, the warning satisfies the requirement of due care and is incompatible with defendants negligence. Here again, plaintiffs recovery would be prevented by thatfact no matter how careful he/she was. But under ordinary negligence principles the question is properly one of fact for the jury except in the clearest situations.</p><p>In the second line of cases the condition of danger is suchthat it cannot be encountered with reasonable safety even if the danger is known and appreciated. An icy flight of stairs or sidewalk, a slippery floor, a defective crosswalk, or a walkway near an exposed high tension wire may furnish examples. So may the less dangerous kind of condition if surrounding circumstances are likely to force plaintiff upon it, or if, for any other reason, his/her knowledge is not likely to be a protection against danger. It is in these situations that the bit of the Restatements adequate warning rule is felt. Here, if people are in fact likely to encounter the danger, the duty of reasonable care to make conditions reasonably safe is not satisfied by a simple warning; the probability of harm in spite of such precaution is still unreasonably great. And the books are full of cases in which defendants, owing such a duty, are held liable for creating or maintaining a perfectly obvious danger of which plaintiffs are fully aware. The Restatement, however, would deny liability here because the occupier need not invite visitors, and if he/she does, he/she may condition the invitation on any terms he/she chooses, so long as there is full disclosure of them. If the invitee wishes to come on those terms, he/she assumes the risk.</p><p>The Restatement view is wrong in policy. The law has never freed landownership or possession from all restrictions or obligations imposed in the social interest. The possessors duty to use care towards those outside the land is of long standing. And many obligations are imposed for the benefit of people who voluntarily come upon the land. For the invitee, the occupier must make reasonable inspection and give warning of hidden perils. . . But this should not be conclusive. Reasonable expectations may raise duties, but they should not always limit them. The gist of the matter is unreasonable probability of harm in fact. And when that is great enough in spite of full disclosure, it is carrying the quasi-sovereignty of the landowner pretty far to let him ignore it to the risk of life and limb.</p><p>So far as authority goes, the orthodox theory is getting to be a pretty feeble reed for defendants to lean on. It is still frequently stated, though often by way of dictum. On the other hand, some cases have simply--though unostentatiously--broken with tradition and held defendant liable to an invitee in spite of his/her knowledge of the danger, when the danger was great enough and could have been feasibly remedied. Other cases stress either the reasonable assumption of safety which the invitee may make or the likelihood that his/her attention will be distracted, in order to cut down the notion of what is obvious or the adequacy of warning. And the latter is often a jury question even under the Restatement rule. It is not surprising, then, that relatively few decisions have depended on the Restatement rule alone for denying liability.</p><p>2. Contributory Negligence. . . But there are several situations in which a plaintiff will not be barred by contributory negligence although he/she encountered a known danger. . . For another, it is not necessarily negligent for a plaintiff knowingly and deliberately to encounter a danger which it is negligent for defendant to maintain. Thus a traveler may knowingly use a defective sidewalk, or a tenant a defective common stairway, without being negligent if the use was reasonable under all the circumstances.</p><p>CONCLUSION These situations show that the invitee will not always be barred by his/her self-exposure to known dangers on the premises.</p><p></p><p></p></td></tr><tr><td valign="top"></td></tr></tbody></table></td><td align="center" valign="top"><form action="https://njlaws.com/search_content.php" method="POST" name="form1"><p><br /></p></form></td></tr></tbody></table><table border="0" cellpadding="2" cellspacing="3" style="width: 90%;"><tbody><tr><td width="282"></td><td width="402"><p align="center"><span style="font-size: small;"><a href="https://njlaws1.blogspot.com/" style="color: #84414a;">New Article of the Week</a></span><span style="font-size: x-small;"></span></p></td></tr><tr><td colspan="2"><p align="center"><span style="font-size: x-small;">Meet with an experienced Attorney to handle your important legal needs.<br />Please call the office to schedule a confidential "in Office" consultation.<br />Attorneys are not permitted to provide legal advice by email.</span></p></td></tr></tbody></table><table border="1" dwcopytype="CopyTableRow" style="width: 90%;"><tbody><tr><td><p><span style="font-family: Times New Roman, Times, serif; font-size: small;"></span>Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.</p><p><span style="font-family: Times New Roman, Times, serif; font-size: small;"></span>In direct contrast to the hard-hitting approach we take toward the insurance companies is the soft approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.</p><p><span style="font-family: Times New Roman, Times, serif; font-size: small;"></span>Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.</p><p><span style="font-family: Times New Roman, Times, serif; font-size: small;"></span>If you retain KENNETH VERCAMMEN to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, you family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!</p><p><span style="font-family: Times New Roman, Times, serif; font-size: small;"></span>Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN - Trial Attorney We Fight To Win.</p><p><span style="font-family: Times New Roman, Times, serif; font-size: small;"></span>When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you dont protect your rights, you may not be able to make a claim.</p><p><span style="font-family: Times New Roman, Times, serif; font-size: small;"></span>Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.</p><p><span style="font-family: Times New Roman, Times, serif; font-size: small;"></span>You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced personal injury lawyer can make the difference between getting what you deserve and getting nothing.</p><p><span style="font-family: Times New Roman, Times, serif; font-size: small;"></span>Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.</p><p><span style="font-family: Times New Roman, Times, serif; font-size: small;"></span>I am an experienced aggressive trial lawyer and a 3rd degree Black Belt. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.</p><p><span style="font-family: Times New Roman, Times, serif; font-size: small;"></span>Reduce the stress of making a claim.</p><p><span style="font-family: Times New Roman, Times, serif; font-size: small;"></span>Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.</p><p><span style="font-family: Times New Roman, Times, serif; font-size: small;"></span>p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN also offers a special -- For Settlement Only -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.</p><p><span style="font-family: Times New Roman, Times, serif; font-size: small;"></span>We handle personal injury cases on a contingency fee basis.</p><p>This means: YOU DONT OWE ME A LEGAL FEE UNLESS I RECOVER MONEY FOR YOU.</p><p>Call our office to schedule a "confidential" appointment 732-572-0500</p><p><span style="font-family: Times New Roman, Times, serif; font-size: small;"></span>Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.</p><p><span style="font-family: Times New Roman, Times, serif; font-size: small;"></span>Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.</p><p><span style="font-family: Times New Roman, Times, serif; font-size: small;"></span>Admitted In NJ, US Supreme Court and Federal District Court.</p></td></tr></tbody></table>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-15101373419571313022023-07-31T11:48:00.004-04:002023-07-31T11:48:44.001-04:00Trial of a Criminal Case in New Jersey<p> </p><table aligcellpadding="0" border="0" cellspacing="10" style="width: 100%;"><tbody><tr><td height="33" valign="top" width="818"><h1 align="center"><strong>Trial of a Criminal Case in New Jersey</strong></h1></td></tr><tr><td valign="top"><p></p><p>Kenneth Vercammen's Law office represents people charged with criminal offenses and disorderly offenses. We provide representation throughout New Jersey. Criminal charges can cost you. If convicted, you can face high fines, jail, probation and other penalties. Don't give up! Our Law Office can provide experienced attorney representation for criminal violations. Our website KennethVercammen.com provides information on criminal offenses. We can be retained to represent people.</p><p>The following are the Criminal Rules of Court regarding criminal trials in New Jersey in the Superior Courts:</p><p>RULE 3:14. PLACE OF TRIAL 3:14-1. Venue</p><p>An offense shall be prosecuted in the county in which it was committed, except that (a) If it is uncertain in which one of 2 or more counties the offense has been committed or if an offense is committed in several counties prosecution may be had in any of such counties. (b) If a person dies in one county as a result of an offense committed in any other county or counties, the prosecution may be had in any of such counties. (c) Whenever the body of any person who died as a result of an offense is found in any county, prosecution may be had in such county, regardless of where the offense was committed. (d) Whenever a person dies within the jurisdiction of this State as a result of an offense committed outside the jurisdiction of this State, or dies outside the jurisdiction of this State as a result of an offense committed within the jurisdiction of this State, the prosecution shall be had in the county in which the death occurred or the offense was committed. (e) Prosecution for acts of treason against this State which were committed outside the jurisdiction of this State shall be had in any county designated by the Chief Justice. (f) Prosecutions for libel shall be had either in the county in which the publication was made or the county in which the libeled person resided at the time of the publication. (g) An accessory may be prosecuted as such either in the county in which the offense to which he or she is an accessory is triable or the county in which he or she became such accessory. (h) Any person who steals the property of another, outside this State, or receives such property knowing it to have been stolen, and brings it into this State, may be prosecuted in any county into or through which the stolen property is brought. (i) Prosecutions for acts of forgery, embezzlement, conversion or misappropriation may be had either in the county in which such offense was committed or in the county in which the offender last resided. (j) Prosecutions for desertion may be had either in the county in which the wife or any child resided at the time of the desertion or in the county in which the wife resides when the prosecution is begun. (k) The county of venue for purposes of trial of indictments returned by a State Grand Jury shall be designated by the Assignment Judge appointed to impanel and supervise the State Grand Jury or Grand Juries pursuant to R. 3:6-11(b).</p><p>3:14-2. Motion for Change of Venue or Foreign Jury</p><p>A motion for change of venue may be made only by a defendant. A motion for trial by a foreign jury may be made by any party. Such motions shall be made to the judge assigned to try the case or to the Assignment Judge of the county in which the indictment was found or the accusation filed on notice to the other party or parties on such proofs as the court directs and shall be granted if the court finds that a fair and impartial trial cannot otherwise be had.</p><p>3:14-3. Foreign Juries; Order and Selection</p><p>If a foreign jury is ordered, the order shall specify the number of jurors to be returned and a venire directed to the sheriff of the county from which such jury shall be taken, which shall be returnable to the court in the county in which the matter is to be tried. The jurors shall be selected in the same manner as the general panel of jurors is selected in the county from which they are taken.</p><p>3:14-4. Order for Change of Venue; Costs</p><p>If a change of venue is ordered, the criminal division manager's office in which the indictment or accusation is pending shall transmit to the criminal division manager's office to which the matter is transferred all papers filed therein or duplicates thereof, and the prosecution shall continue in that county. The costs of trial shall be certified to the Assignment Judge of the county in which the indictment was found or the accusation was filed.</p><p>RULE 3:15. JOINDER AND SEVERANCE 3:15-1. Trial of Indictments or Accusations Together</p><p>(a) Permissible Joinder. The court may order 2 or more indictments or accusations tried together if the offenses and the defendants, if there are 2 or more, could have been joined in a single indictment or accusation. The procedure shall be the same as if the prosecution were under such single indictment or accusation. (b) Mandatory Joinder. Except as provided by R. 3:15-2(b), a defendant shall not be subject to separate trials for multiple criminal offenses based on the same conduct or arising from the same episode, if such offenses are known to the appropriate prosecuting officer at the time of the commencement of the first trial and are within the jurisdiction and venue of a single court.</p><p>3:15-2. Relief From Prejudicial Joinder</p><p>(a) Motion by State Before Trial. If two or more defendants are to be jointly tried and the prosecuting attorney intends to introduce at trial a statement, confession or admission of one defendant involving any other defendant, the prosecuting attorney shall move before trial on notice to all defendants for a determination by the court as to whether such portion of the statement, confession, or admission involving such other defendant can be effectively deleted therefrom. The court shall direct the specific deletions to be made, or, if it finds that effective deletions cannot practically be made, it shall order separate trials of the defendants. Upon failure of the prosecuting attorney to so move before trial, the court may refuse to admit such statement, confession or admission into evidence at trial, or take such other action as the interest of justice requires. (b) Motion by Defendant and State. If for any other reason it appears that a defendant or the State is prejudiced by a permissible or mandatory joinder of offenses or of defendants in an indictment or accusation the court may order an election or separate trials of counts, grant a severance of defendants, or direct other appropriate relief. (c) Time. A motion for separate trial of counts of an indictment or accusation must be made pursuant to R. 3:10-2, unless the court, for good cause shown, enlarges the time.</p><p>3:15-3. Trial of Criminal Offenses and Lesser, Related Infractions</p><p>(a) Joinder of Criminal Offense and Lesser Related Infraction. (1) Except as provided in paragraph (b), the court shall join any pending non-indictable complaint for trial with a criminal offense based on the same conduct or arising from the same episode. (2) Regardless of whether a jury sits as the finder of facts with respect to the criminal offense, and unless the complaint charges a disorderly persons offense or a petty disorderly persons offense that must be submitted to the jury in accordance with the provisions of N.J.S.A. 2C:1-8(e), the Superior Court judge shall sit as a municipal court judge on the complaint and shall render the verdict with respect to the complaint on the proofs adduced in the course of trial. (3) If evidence is held to be admissible with respect to the trial of the complaint but inadmissible with respect to the trial of the criminal offense, the court shall hear that evidence outside of the jury's presence and may, in its discretion, postpone such hearing until the jury has retired to deliberate. The court shall not render its verdict on the complaint until the jury has rendered its verdict or until the jury has been dismissed. (b) Relief From Joinder. If for any reason it appears that a defendant or the State is prejudiced by the joinder required by paragraph (a), the court may decline to join or may grant other appropriate relief. A defendant's request to avoid joinder shall constitute a waiver of any claim against twice being placed in jeopardy that would not have arisen had the defendant's request been denied. (c) Consequence of Failure to Join. In no event shall failure to join as required in paragraph (a) be deemed to constitute grounds for barring a subsequent prosecution of the complaint except as required by statute or by the Federal or State Constitutions.</p><p>RULE 3:16. PRESENCE OF THE DEFENDANT</p><p>(a) Pretrial. The defendant must be present for every scheduled event unless excused by the court for good cause shown. (b) At Trial or Post-conviction Proceedings. The defendant shall be present at every stage of the trial, including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, unless otherwise provided by Rule. Nothing in this Rule, however, shall prevent a defendant from waiving the right to be present at trial. A waiver may be found either from (a) the defendant's express written or oral waiver placed on the record, or (b) the defendant's conduct evidencing a knowing, voluntary, and unjustified absence after (1) the defendant has received actual notice in court or has signed a written acknowledgment of the trial date, or (2) trial has commenced in defendant's presence. A corporation shall appear by its attorney for all purposes. The defendant's presence is not required at a reduction of sentence under R. 3:21-10 or, except as provided in R. 3:22-10, at a hearing on a petition for post conviction relief.</p><p>RULE 3:18. MOTION FOR JUDGMENT OF ACQUITTAL 3:18-1. Motion Before Submission to Jury</p><p>At the close of the State's case or after the evidence of all parties has been closed, the court shall, on defendant's motion or its own initiative, order the entry of a judgment of acquittal of one or more offenses charged in the indictment or accusation if the evidence is insufficient to warrant a conviction. A defendant may offer evidence after denial of a motion for judgment of acquittal made at the close of the State's case without having reserved the right.</p><p>3:18-2. Motion After Discharge of Jury</p><p>If the jury returns a verdict of guilty or is discharged without having returned a verdict, a motion for judgment of acquittal may be made, even if not earlier made pursuant to R. 3:18-1 or it may be renewed within 10 days after the jury is discharged or within such further time as the court fixes during the 10-day period. The court on such motion may set aside a verdict of guilty and order the entry of a judgment of acquittal and may so order if no verdict has been returned.</p><p>RULE 3:19. VERDICT 3:19-1. Several Defendants or Counts; Written Verdict Sheets</p><p>(a) Several Defendants or Counts. If there are 2 or more counts of an indictment or 2 or more defendants tried together, the jury may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed, specifying the counts on which it has agreed; the defendant or defendants may be tried again on the count or counts as to which it has not agreed. (b) Written Verdict Sheets. In the discretion of the court, a written verdict sheet may be submitted to the jury in conjunction with a general verdict to facilitate the determination of the grade of the offense under the Code of Criminal Justice or otherwise simplify the determination of a verdict when multiple charges are submitted to the jury. The verdict sheet shall be marked as a court exhibit and retained by the court pursuant to Rule 1:2-3.</p><p>3:19-2. Acquittal by Reason of Insanity</p><p>If a defendant interposes the defense of insanity and is acquitted after trial on that ground, the verdict and judgment shall so state. The procedure for disposition of the defendant shall be as provided by N.J.S.A. 2C:4-8 and 2C:4-9 and by R. 4:74-7, except that in the case of defendants acquitted of murder by reason of insanity all hearings pursuant to R. 4:74-7(e) shall be in open court unless good cause is shown for a hearing in camera.</p><p>RULE 3:20. NEW TRIAL 3:20-1. Trial by Court or Jury</p><p>The trial judge on defendant's motion may grant the defendant a new trial if required in the interest of justice. If trial was by the judge without a jury, the judge may, on defendant's motion for a new trial, vacate the judgment if entered, take additional testimony and direct the entry of a new judgment. The trial judge shall not, however, set aside the verdict of the jury as against the weight of the evidence unless, having given due regard to the opportunity of the jury to pass upon the credibility of the witnesses, it clearly and convincingly appears that there was a manifest denial of justice under the law.</p><p>3:20-2. Time for Making Motion</p><p>A motion for a new trial based on the ground of newly-discovered evidence may be made at any time, but if an appeal is pending, the court may grant the motion only on remand of the case. A motion for a new trial based on a claim that the defendant did not waive his or her appearance for trial shall be made prior to sentencing. A motion for a new trial based on any other ground shall be made within 10 days after the verdict or finding of guilty, or within such further time as the court fixes during the 10-day period.</p><p>CONCLUSION</p><p>If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don't rely on a real estate attorney, public defender or a family member who simply attended law school. When your life and job is on the line, hire the best attorney available.</p><p>Kenneth Vercammen, Attorney at Law 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030</p><p>TRIAL AND LITIGATION EXPERIENCE In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He appears in Courts throughout New Jersey several times each week on many personal injury matters, Criminal and Municipal/ traffic Court trials, Probate hearings, and contested administrative law hearings.</p><p>Mr. Vercammen served as the Prosecutor for the Township of Cranbury, Middlesex County and was involved in trials on a weekly basis. He also argued all pre-trial motions and post-trial applications on behalf of the State of New Jersey.</p><p>He has also served as a Special Acting Prosecutor in Woodbridge, Perth Amboy, Hightstown, Carteret, East Brunswick, Jamesburg, South Brunswick, South River and South Plainfield for conflict cases. Since 1989, he has personally handled hundreds of criminal and motor vehicle matters as a Prosecutor and now as defense counsel and has had substantial success.</p><p>Previously, Mr. Vercammen was Public Defender for the Township of Edison and Borough of Metuchen and a Designated Counsel for the Middlesex County Public Defender's Office. He represented indigent individuals facing consequences of magnitude. He was in Court trying cases and making motions in difficult criminal and DWI matters. Every case he personally handled and prepared.</p><p>His resume sets forth the numerous bar associations and activities which demonstrate his commitment to the legal profession and providing quality representation to clients.</p><p>Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court) with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Department as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.</p></td></tr></tbody></table>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-20345417059318061662023-07-31T11:46:00.003-04:002023-07-31T11:46:59.670-04:00Traumatic Brain Injury<p> </p><table aligcellpadding="0" border="0" cellspacing="10" style="width: 100%;"><tbody><tr><td valign="top"></td></tr><tr><td valign="top"><h1 align="center"><strong>Traumatic Brain Injury</strong></h1></td></tr><tr><td valign="top"><p></p><p>Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a Brain Injury.<br /><br />Is it a Brain Injury ?<br />Traumatic brain injury (TBI), traumatic injuries to the brain, also called intracranial injury, or simply head injury, occurs when a sudden trauma causes brain damage. TBI can result from a closed head injury or a penetrating head injury and is one of two subsets of acquired brain injury (ABI). The other subset is non-traumatic brain injury (e.g. stroke, meningitis, anoxia). Parts of the brain that can be damaged include the cerebral hemispheres, cerebellum, and brain stem (see brain damage). TBI can cause a host of physical, cognitive, emotional, and social effects.<br />Symptoms of a TBI can be mild, moderate, or severe, depending on the extent of the damage to the brain. Outcome can be anything from complete recovery to permanent disability or death. See http://en.wikipedia.org/wiki/Traumatic_brain_injury<br /><br /><br /><br />The following happens in accident cases, both car accidents and fall downs.<br /><br />Financial Recovery for persons seriously injured in accidents<br /><br />1. Kenneth Vercammen Helps Injured persons<br />A person who is injured as a result of the negligence of another person is what we in the legal profession refer to as a personal injury claimant. In other words, they have been injured as a result of an accident, and you now wish to prosecute a claim against an opposing party. As the attorney of record, I can bring an action for the injured person. Therefore, I request that all clients do as much as possible to cooperate and help in every way. The purpose of this article is to describe the procedure that we may follow and give you sufficient instructions to enable you to assist us in this undertaking. Needless to say, helping us is just another way of helping yourself.<br /><br />2. Clients should provide my office with the following<br />1. Any bills<br />2. All Hospital or doctor records in your possession<br />3. Car Insurance Declaration Sheet if you were in a car accident<br />4. Car Insurance Policy if car accident<br />5. Photos of damage to any property<br />6. Photos of accident site<br />7. Major Medical Insurance Card<br />8. Paystub if lost time from work<br /><br /><br />3. Attorney- Client Confidential Relationship<br />First, I want to thank our clients for giving me the opportunity to assist them in their case. I am a legal professional and I have great pride and confidence in the legal services that I perform for clients during our relationship as attorney-client. If you have concerns about your case, please call my office at (732) 572-0500.<br />We feel that this case is extremely important-not only to you, but to this office as well. This is not simply a matter of obtaining just compensation for you, although that is very important. We take professional pride in guiding our clients carefully through difficult times to a satisfactory conclusion of their cases.<br /><br />4. Submission of Bills to Insurance / Major Medical<br />If you are in a car accident, you should submit your medical bills to your own car insurance company first. Your car insurance is required by New Jersey law to provide PIP (Personal Injury Protection) benefits under the No Fault Law. This means your car insurance company, not the careless driver, pay the majority of medical bills.<br />If you do not own a car, but live with someone who owns a car, we can try to help you submit medical bills to their car insurance company.<br /><br />If this is not a car accident, submit all bills immediately to your major medical.<br />Please provide car and major medical insurance information to each doctor, MRI facility and treatment provider. Please request they submit bills and attending physician reports to car insurance and major medical. There are now minimum deductibles under the PIP Law. There is an initial $250.00 deductible, and thereafter your car insurance company pays 80% of medical bills under a medical fee schedule established by the State Dept. of Insurance. Your primary treating doctor must also follow Care Path. Submit portions of bills the car insurance does not pay to your major medical carrier (ex- Blue Cross, Connecticut General). The Law Office of Kenneth Vercammen can provide a more detailed brochure explaining how car insurance works.<br /><br />Never give a signed statement to the claims adjuster representing the other drivers insurance company. The same goes for a phone recording. They may be used against you in court to deny your claim. Speak with your personal injury attorney first.<br /><br /><br />WHILE YOUR PERSONAL INJURY CASE IS PENDING:<br /><br />It is important that you --<br />1. DO NOT discuss your case with anyone except your doctors and attorney.<br />2. DO NOT make any statements or give out any information.<br />3. DO NOT sign any statements, reports, forms or papers of any kinds.<br />4. DO NOT appear at police or other hearings without first consulting with your attorney.<br />INFORM YOUR ATTORNEY PROMPTLY of any notice, request or summons to appear at any such hearings.<br />5. Refer to your attorney, anyone who asks you to sign anything or to make any statement or report or who seeks information concerning your case.<br />6. Direct your doctor and other treatment providers not to furnish or disclose any information concerning your case to any entity other than your insurance company without YOU AND YOUR ATTORNEYS WRITTEN PERMISSION.<br />7. You may have insurance coverage such as liability, collision, accident, Blue Cross, Blue Shield or Major Medical which require prompt attention. However, be sure to have your treatment providers send bills immediately to all of your insurance companies.<br />8. Notify your attorney promptly of any new developments. Small things may be important. Keep your attorney informed.<br />9. Maintain accurate records of all information and data pertaining to your case.<br />10. If you or any witnesses should move, be sure to notify your attorney of the new address.<br /><br />5. Diary<br />We want you to 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 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, friends, and co-workers. When you have completed this description, please return it to this office in the enclosed envelope.<br />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.<br /><br />6. Record expenses<br />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.<br />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.<br />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.<br /><br />7. Investigation and Filing of Civil Complaint in Superior Court<br />Procedurally, the following events occur in most personal injury cases. First, your attorney must complete our investigation and file. This will involve the collection of information from your physician, your employer, and our investigator. We will need your Doctors to provide us with copies of all bills, medical records and possibly a medical report.<br />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 the insurance company will not make an adequate offer, then a Complaint and Case Information Statement is prepared by your attorney. It is filed in the Superior Court, Law Division. Your attorney then will prepare a summons and have the defendants personally served with the Summons and Complaint. The defendant, through their insurance company, must file an Answer within 35 days.<br /><br />8. Interrogatory Questions and Discovery<br />The Answer is followed by a request for written interrogatories. These are questions that must be answered by each party. The Superior Court has set up certain Form Interrogatories which are contained in the Rules of Court. 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. In the event you are deposed during the course of this action, you will receive detailed instructions as to the procedure and will be requested to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date.<br />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.<br /><br />9. Doctor/ Treatment<br />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 persons 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.<br />Tell your doctors all of your complaints. The doctors records can only be as complete as what you have given. Keep track of all prescriptions and medicines taken accompanied by the bills. Also save all bottles or containers of medicine.<br /><br />10. Bills<br />Retain all bills which relate to your damages, including medical expenses, hospital expenses, drugs and medicines, therapy, appliances, and anything needed to assist you 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.<br /><br />11. Evidence<br />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.<br /><br />12. Photographs<br />Take photographs of all motor vehicles, accident site, etc., that may be connected directly or indirectly with your accident. Again, be sure to let the office know that you have such photographs.<br /><br />13. Keep your attorney advised<br />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.<br /><br />14. Lost wages<br />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.<br /><br />15. New information<br />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.<br /><br />16. Do not discuss the case<br />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.<br /><br />Obviously, we cannot stress too strongly that you DO 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.<br /><br />17. Questioning<br />If any person approaches you with respect to this accident without your attorneys 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 attorneys office.<br /><br />18. Investigation by Defendant Insurance Company<br />Permit us to reiterate at this time that the oppositions 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.<br /><br />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.<br /><br />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.<br /><br />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 claimants past medical records.<br /><br /><br />19. The value of a case depends on the Permanent Injury, medical treatment and doctors reports<br />Undoubtedly, you have questions as to how much your case is worth. We are going to be frank: The fact of the matter is there can be no answer to this question until we have completed the investigation in your case. Once we complete our investigation, of course, we can make a determination as to the amount of the defendants liability, if any, and even at that we will only be at a starting point. After that, we must obtain all necessary information concerning your lost wages, your disability, your partial disability, your life changes, and your prognosis. You may rest assured of one thing, however, and that is the fact that your case will not be settled below its true value, that is the fair compensation for the injuries you have received. You may also rest assured that no settlement agreement will be entered into without your consent.<br /><br />Conclusion<br />We appreciate that this is a great deal of information to absorb. We also appreciate that our requests for clients assistance have been numerous. However, we are certain that our clients appreciate having this information from the outset. Each request and bit of information given here represents an important part in recovering full value for your injury. Therefore, we respectfully request your full cooperation. If you have questions or concerns regarding these instructions, we encourage you to feel free to contact the office at any time.<br /><br />CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 for an appointment<br /><br />About Kenneth Vercammen:<br /><br />Kenneth Vercammen is a Litigation Attorney in Edison, NJ, approximately 17 miles north of Princeton. He often lectures for the New Jersey State Bar Association on personal injury, criminal / municipal court law and drunk driving. He has published 125 articles in national and New Jersey publications on municipal court and litigation topics. He has served as a Special Acting Prosecutor in seven different cities and towns in New Jersey and also successfully defended hundreds of individuals facing Municipal Court and Criminal Court charges.<br /><br />In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, matrimonial hearings and contested administrative law hearings.<br /><br />Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court), with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Dept. as a Probation Officer, and an Executive Assistant to Scranton District Magistrate Thomas Hart in Scranton, PA.<br />KENNETH VERCAMMEN & ASSOCIATES, PC<br />ATTORNEY AT LAW<br />2053 Woodbridge Ave.<br />Edison, NJ 08817<br />(Phone) 732-572-0500<br />(Fax) 732-572-0030<br />website: KennethVercammen.com</p><div><br /></div></td></tr></tbody></table>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-70958694107108656252023-07-31T11:45:00.002-04:002023-07-31T11:45:22.095-04:00Train Accident<p> </p><table cellpadding="0" cellspacing="0" style="height: 113px; width: 100%;"><tbody><tr valign="top"><td height="111" width="100%"><table aligcellpadding="0" border="0" cellspacing="10" style="width: 100%;"><tbody><tr><td valign="top"><h1 align="center"><strong>Train Accident</strong></h1></td></tr><tr><td valign="top"><p></p><p style="color: #222226; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">What to Do After Being Injured in a Train Collision?</span></p><p style="color: #222226; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">Prominent lawyer Chris Movafagh recommends you do the following:</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">You should follow the immediate recommendations of your medical supervisor.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">If you are planning on taking legal action against the railroad company following a train crash, you will need certified proof of any injuries sustained. The sooner you see a doctor following an accident the better– for yourself and for your case!</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">You may be wondering what level of responsibility a railroad company has in the safety of its passengers.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">The answer may not be as clear-cut as you expect.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">There are often notices of claim requirements in injuries on Trains or Train Stations. </span><span style="color: #222226; font-kerning: none;">https://www.movalegal.com/california-train-accident-lawyers/ </span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">NJ Transit and Path notice of claims must be severed with certain months .</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">Most modern trains are required to have a “black box” installed somewhere in their locomotive. These boxes are recording devices that keep track of information relating to the train’s performance. They keep note of how fast the train is moving, its direction, even brake and horn use.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">These devices were originally designed for airplanes and are now used in almost all forms of public transportation.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">The information stored in the black box can be hugely helpful in determining if significant care and vigilance were taken.</span></p><p style="color: #222226; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">What Causes A Train Crash?</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">A railroad-related accident can be caused by a variety of issues. Many of causes could find a railroad company at fault.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">Sometimes trains go through a mechanical failure with accidents being caused by something like a faulty breaking mechanism. This is usually due to poor maintenance on the part of the railroad company.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">Trains carrying heavy cargo may run into issues in slowing or stopping. This can often result in collision or derailments.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">Fatigue, intoxication, or general irresponsibility exhibited by train conductors has also been a known cause of railroad accidents.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">Outside of the train itself, the railroad company is expected to maintain all other aspects that could affect train safety. These include ensuring the maintenance of the tracks themselves.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">It also means ensuring that train-crossing areas are marked clearly and properly and that all crossing gates and lights are functioning at peak performance.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">If an automobile driver were to cause a collision as a result of unclear railway crossing signage, the railroad company would still be liable for all damages.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">Individuals need not be riding the train to be potentially owed damages by a railroad company.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">Many train accidents involve injuries to <a href="https://www.movalegal.com/my-rights-as-a-pedestrian/" style="color: #84414a;"><span style="color: #245cfa;">bystanders and pedestrians</span></a>. These accidents may happen as a train comes in or leaves a station.</span></p><p style="color: #222226; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">Understanding Train Crash Damages</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">If you’ve been injured in a train crash it is within your rights to sue the railroad company for damages.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">As mentioned previously, you will have to prove the railroad company was negligent in some way, and that this negligence helped to cause the accident.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">The railroad company will likely have its own set of lawyers, and you will need to seek someone with <a href="https://www.movalegal.com/chris-movafagh/" style="color: #84414a;"><span style="color: #245cfa;">experience in the field</span></a> to help support your claim. Railroad companies are large corporations, and will likely try to pay out as a little as possible.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">It is imperative to quickly seek legal counsel following a train crash, as evidence will and witnesses will need to be gathered quickly following the incident.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">If you have a good case against the railroad company you can sue for a variety of damages. If you have medical bills as a result of injuries caused by the train crash, you can sue for these costs. This can include future medical bills related to your injuries.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">You may be entitled to lost wages as a result of your injury.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">You may also be able to sue for loss, pain, disability or emotional distress.</span></p><p style="color: #0b0b0b; font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">An experienced attorney can help calculate damages and seek the compensation that you deserve.</span></p><p style="font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured. Our website www.njlaws.com provides information on civil cases we can be retained to represent people.</span></p><p style="font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">WHAT TO DO IF INJURED WHILE A PASSENGER IN A Train</span></p><p style="font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">- AT THE ACCIDENT SCENE</span></p><p style="font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">Compiled by Kenneth Vercammen, Esq. from various sources</span></p><p style="font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">1. Stop . . . do not leave the scene of the accident. CALL 911, tell them where the accident occurred and ask for medical help if needed.</span></p><p style="font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">2. Get names, addresses, and info of all involved.</span></p><p style="font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">3. Get description and registration number and insurance information of all cars involved. If a car, have someone get License Plate Number __ </span></p><p style="font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">4. Get names and addresses of all witnesses -Witnesses will be a tremendous help to you in any subsequent court action, if there is any question of liability involved. Get the names and addresses of as many witnesses as possible. If they refuse to identify themselves, jot down the license plate numbers of their automobiles. Do not discuss the accident with the witnesses. Do not give the witnesses names to anyone but the police, your attorney or your insurance company.</span></p><p style="font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">5. While waiting for police, write down- Accident Information Date __ Time __ Location __ No. of vehicles involved __ Weather __ Road conditions __ Damage __ Speed of the other car __</span></p><p style="font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">6. Summary of accident __</span></p><p style="font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">7. Diagram of accident</span></p><p style="font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">8. Call an ambulance. If you have any reason to suspect you were injured in the accident, go to a hospital immediately or see a physician promptly. You'll want it on record that you sought treatment right away -not in a week or so.</span></p><p style="font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">9. Name of Police Officers, Department and Badge Number</span></p><p style="font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">10. Seek hospital/ medical attention.</span></p><p style="font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px; min-height: 17px;"> </p><p style="font-family: Geneva; font-size: 13px; font-stretch: normal; line-height: normal; margin: 0px;"><span style="font-kerning: none;">11. Call a personal injury attorney, not a real estate attorney: Call Kenneth A. Vercammen- Trial Attorney (732) 572-0500 When you need help the most, we will be ready to help you.</span></p><p></p><p></p></td></tr><tr><td valign="top"></td></tr></tbody></table></td><td align="center" valign="top"><form action="https://njlaws.com/search_content.php" method="POST" name="form1"><p></p></form><form action="https://njlaws.com/train_accident.html?id=984&a=" id="form1" method="post" name="form1"><table border="0" cellpadding="0" cellspacing="0" style="width: 197px;"><tbody></tbody></table></form></td></tr></tbody></table><table border="0" cellpadding="2" cellspacing="3" style="width: 90%;"><tbody><tr><td width="282"></td><td width="402"><p align="center"><span style="font-size: small;"><a href="https://njlaws1.blogspot.com/" style="color: #84414a;">New Article of the Week</a></span><span style="font-size: x-small;"></span></p></td></tr><tr><td colspan="2"><p align="center"><br /></p></td></tr></tbody></table>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-64706478748852899402023-07-31T11:38:00.001-04:002023-07-31T11:38:12.467-04:00Traffic Violations<p> </p><table aligcellpadding="0" border="0" cellspacing="10" style="width: 100%;"><tbody><tr><td height="33" valign="top" width="818"><h1 align="center"><strong>Traffic Violations</strong></h1></td></tr><tr><td valign="top"><p>Traffic Fines, Points, Jail.</p><p>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.</p><p>39:4-50 Operating under the influence- DWI (See chart at KennethVercammen.com) Plus DMV points; plus additional car insurance eligibility points.</p><p>39:4-50.2 Refusal to undergo breathalyzer test- (See chart at KennethVercammen.com)</p><p>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.</p><p>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</p><p>39:4-51b Possession of open container of alcohol in passenger compartment- First offense: $200 Subsequent offense: Fine $250 or 10 days community service</p><p>39 :4-52 Racing on highway- First offense $25-$100 5 DMV points, 5 car insurance points</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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</p><p>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</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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</p><p>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.</p><p>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.</p><p>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</p><p>39:4-130 Failure to report accident- $30-$100</p><p>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</p><p>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.</p><p>.NJ.A.C. 13:19-10.2 Point Accumulation; period of suspension</p><p>(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:</p><p>POINTS ACCUMULATED PERIOD OF SUSPENSION</p><p>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</p><p>31 to 35 points in a period greater than two years; 150 days</p><p>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</p><p>(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.</p><p></p><p></p><p></p></td></tr><tr></tr></tbody></table><br />Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-5190929031742836282023-07-25T14:36:00.000-04:002023-07-25T14:36:06.410-04:00Traffic Ticket Representation<p> </p><table aligcellpadding="0" border="0" cellspacing="10" style="width: 100%;"><tbody><tr><td height="33" valign="top" width="818"><h1 align="center"><strong>Traffic Ticket Representation</strong></h1></td></tr><tr><td valign="top"><p></p><p>Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.</p><p>TRAFFIC REPRESENTATION AND NO POINTS</p><p>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</p><p> 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.</p><p> Under the New Jersey Court Rules, a New Jersey Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points.</p><p> 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.</p><table align="center" border="1" cellpadding="0" cellspacing="0"><tbody><tr><td>Violation</td><td>Points</td></tr><tr><td>27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway</td><td>2</td></tr><tr><td>27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway</td><td>4</td></tr><tr><td>27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway</td><td>2</td></tr><tr><td>39:3-20 <span 15px="" background-color:="" f9f9f9="" line-height:="" x-small="">Operating constructor vehicle in excess of 45 mph</span></td><td>3</td></tr><tr><td>39:4-14.3 Operating motorized bicycle on restricted highway</td><td>2</td></tr><tr><td>39:4-14.3d More than 1 person on a motorized bicycle.</td><td>2</td></tr><tr><td>39:4-35 Failure to yield to pedestrian in crosswalk,</td><td>2</td></tr><tr><td>39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk</td><td>2</td></tr><tr><td>39:4-41 Driving through safety zone.</td><td>2</td></tr><tr><td>39:4-52 Racing on Highway</td><td>5</td></tr><tr><td>39:4-55 Improper action or omission on grades and curves</td><td>2</td></tr><tr><td>39:4-57 Failure to observe directions of officer.</td><td>2</td></tr><tr><td>39:4-66 Failure to stop before crossing sidewalk</td><td>2</td></tr><tr><td>39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway</td><td>2</td></tr><tr><td>39:4-66.2 Driving on private property to avoid traffic signal or stop sign</td><td>2</td></tr><tr><td>39:4-71 Improper driving on sidewalk</td><td>2</td></tr><tr><td>39:4-81 Failure to observe traffic signal</td><td>2</td></tr><tr><td>39:4-82 Failure to keep right</td><td>2</td></tr><tr><td>39:4-83 Failure to keep right at intersection</td><td>2</td></tr><tr><td>39:4-84 Failure to pass right of vehicle proceeding in opposite direction</td><td>5</td></tr><tr><td>39:4-85 Improper passing on right or off roadway or shoulder</td><td>4</td></tr><tr><td>39:4-85.1 Wrong way on one-way street</td><td>2</td></tr><tr><td>39:4-86 Improper passing, in No Passing zone</td><td>4</td></tr><tr><td>39:4-87 Failure to yield to overtake vehicle</td><td>2</td></tr><tr><td>39:4-88 Failure to observe traffic lanes</td><td>2</td></tr><tr><td height="22">39:4-89 Tailgating</td><td>5</td></tr><tr><td>39:4-90 Failure to yield at intersection</td><td>2</td></tr><tr><td>39:4-90.1 Failure to use proper entrances to limited access highway</td><td>2</td></tr><tr><td>39:4-91, Failure to yield to emergency vehicle</td><td>2</td></tr><tr><td>39:4-96 Reckless driving</td><td>5</td></tr><tr><td>39:4-97 Careless driving</td><td>2</td></tr><tr><td>39:4-98 or Speeding up to 14 mph above limit</td><td>2</td></tr><tr><td>39:4-99 Speeding 15-29 mph above limit </td><td>4</td></tr><tr><td>39:4-99 Speeding 30 mph or more above limit</td><td>5</td></tr><tr><td>39:4-105 Failure to stop at traffic light</td><td>2</td></tr><tr><td>39:4-115 Improper turn at traffic light</td><td>3</td></tr><tr><td>39:4-123 Improper right or left turn</td><td>3</td></tr><tr><td>39:4-124 Improper turn: from approved turning course</td><td>3</td></tr><tr><td>39:4-125 Improper u-turn</td><td>3</td></tr><tr><td>39:4-126 Failure to give proper signal</td><td>2</td></tr><tr><td>39:4-127 Improper backing or turn in street</td><td>2</td></tr><tr><td>39:4-128.1 Improper passing of school bus</td><td>5</td></tr><tr><td>39:4-128.4 Improper passing of frozen dessert truck</td><td>4</td></tr><tr><td>39:4-129 Leaving scene of accident - No injuries</td><td>2</td></tr><tr><td>39:4-144 Failure to observe stop or yield signs</td><td>2</td></tr><tr><td>39:5D-4 Moving violation out-of-state</td><td>2</td></tr></tbody></table><p> 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.</p><p>The new no point statute reads as follows:<strong>39:4-97.2 Driving, operating a motor vehicle in an unsafe manner, offense created; fines; surcharge.</strong></p><p><a name="{ED87}"><br /><img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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.<br /><br /><img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />b.<img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).<br /><br /><img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />c.<img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).<br /><br /><img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />d.<img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).<br /><br /><img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />e.<img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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.<br /><br /></a></p><p><a name="{ED87}"><img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />f.<img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).</a></p><p><a name="{ED87}"></a> THIS MEANS FOR YOUR THIRD OFFENSE WITHIN FIVE YEARS OF THIS STATUTE, YOU WILL BE CHARGED 4 POINTS.</p><p> 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</p><p> 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.</p><p> 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.</p><p>1. Telephone consultation with client;<br />2. Office consultation with client, if requested;<br />3. Offer sound legal advice to client, plus access to our legal info website www.KennethVercammen.com<br />4. Preparation of letter of representation to Municipal Court;<br />5. Preparation of letter of representation to Municipal Court Prosecutor;<br />6. Preparation of statement to provide legal services;<br />7. Copies of all correspondence to Court and Prosecutor to client;<br />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;<br />9. Review of necessary statutes and case law;<br />10. Draft Defense by Affidavit<br />11. Determine defense and mitigating factors;<br />12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases;<br />13. Review documents supplied by client and court;<br />14. Travel to Municipal Court; 15. Negotiations with the Prosecutor and Representation in Municipal Court.<br />16. Preparation of End of Case Letter and client questionnaire.<br />17. Free Brochures provided on other legal topics such as Workers Comp, Wills, Personal Injury<br />18. Free subscription to monthly e-mail newsletter. Provide your email address.<br />19. Follow up telephone advice [If you call, provide the specific questions with the message].<br />20. Invitation to client socials/ seminars and Community events via email.<br />21. Hold and maintain file for seven years in storage as free client service.</p><p> 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</p><p> Your Responsibility- Please read carefully and follow instructions to help us help you</p><p>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.<br />2 You must notify the court and the law office immediately if your address or phone numbers change.<br />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.<br />4. Pay your fines immediately.<br />5. If you call, you must provide your questions to our receptionist.</p><p></p><p></p></td></tr><tr></tr></tbody></table><br />Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-75581246812139624052023-07-20T12:25:00.000-04:002023-07-20T12:25:34.009-04:00Traffic Offense<p> </p><table aligcellpadding="0" border="0" cellspacing="10" style="width: 100%;"><tbody><tr><td height="33" valign="top" width="818"><h1 align="center"><strong>Traffic Offense</strong></h1></td></tr><tr><td valign="top"><p></p><p>TRAFFIC VIOLATIONS 4 POINTS OR LESS- WE GO TO COURT TO TRY TO NEGOTIATE FOR NEW "NO POINT" TICKET</p><p> 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.</p><p> Under the New Jersey Court Rules, a New Jersey Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points.</p><p> 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.</p><p> 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:</p><div><table aligcellpadding="0" border="0" cellspacing="10" style="width: 100%;"><tbody><tr><td valign="top"><table border="1" cellpadding="0" cellspacing="0" style="border-collapse: collapse; border: none;"><tbody><tr><td style="border: 1pt solid black;" width="694"><strong>VIOLATION</strong><p></p></td><td style="border: 1pt solid black;" width="69"><strong>POINTS</strong><p></p></td></tr><tr><td style="border: 1pt solid black;">39:4-66.2 Driving on private property to avoid traffic signal or stop sign </td><td style="border-bottom: 1pt solid black;" width="69"><p>2</p></td></tr><tr><td style="border: 1pt solid black;">39:4-71 Improper driving on sidewalk</td><td style="border-bottom: 1pt solid black;">2</td></tr><tr><td style="border: 1pt solid black;">39:4-81 Failure to observe traffic signal</td><td style="border-bottom: 1pt solid black;">2</td></tr><tr><td style="border: 1pt solid black;">39:4-82 Failure to keep right</td><td style="border-bottom: 1pt solid black;">2</td></tr><tr><td style="border: 1pt solid black;">39:4-83 Failure to keep right at intersection</td><td style="border-bottom: 1pt solid black;">2</td></tr><tr><td style="border: 1pt solid black;">39:4-84 Failure to pass right of vehicle proceeding in opposite direction</td><td style="border-bottom: 1pt solid black;">5</td></tr><tr><td style="border: 1pt solid black;">39:4-85 Improper passing on right or off roadway or shoulder</td><td style="border-bottom: 1pt solid black;">4</td></tr><tr><td style="border: 1pt solid black;">39:4-85.1 Wrong way on one-way street</td><td style="border-bottom: 1pt solid black;">2</td></tr><tr><td style="border: 1pt solid black;">39:4-86 Improper passing, in "No Passing" zone</td><td style="border-bottom: 1pt solid black;">4</td></tr><tr><td style="border: 1pt solid black;">39:4-87 Failure to yield to overtake vehicle</td><td style="border-bottom: 1pt solid black;">2</td></tr><tr><td style="border: 1pt solid black;">39:4-88 Failure to observe traffic lanes</td><td style="border-bottom: 1pt solid black;">2</td></tr><tr><td style="border: 1pt solid black;">39:4-89 Tailgating</td><td style="border-bottom: 1pt solid black;">5</td></tr><tr><td style="border: 1pt solid black;">39:4-96 Reckless driving</td><td style="border-bottom: 1pt solid black;">5</td></tr><tr><td style="border: 1pt solid black;">39:4-97 Careless driving</td><td style="border-bottom: 1pt solid black;">2</td></tr><tr><td style="border: 1pt solid black;">39:4-98 Speeding up to 14 mph above limit</td><td style="border-bottom: 1pt solid black;">2</td></tr><tr><td style="border: 1pt solid black;">39:4-99 Speeding 15-29 mph above limit</td><td style="border-bottom: 1pt solid black;">4</td></tr><tr><td style="border: 1pt solid black;">39:4-99 Speeding 30 mph or more above limit</td><td style="border-bottom: 1pt solid black;">5</td></tr><tr><td style="border: 1pt solid black;">39:4-105 Failure to stop at traffic light</td><td style="border-bottom: 1pt solid black;">2</td></tr><tr><td style="border: 1pt solid black;">39:4-115 Improper turn at traffic light</td><td style="border-bottom: 1pt solid black;">3</td></tr><tr><td style="border: 1pt solid black;">39:4-123 Improper right or left turn</td><td style="border-bottom: 1pt solid black;">3</td></tr><tr><td style="border: 1pt solid black;">39:4-124 Improper turn: from approved turning course</td><td style="border-bottom: 1pt solid black;">3</td></tr><tr><td style="border: 1pt solid black;">39:4-125 Improper u-turn</td><td style="border-bottom: 1pt solid black;">3</td></tr><tr><td style="border: 1pt solid black;">39:4-126 Failure to give proper signal</td><td style="border-bottom: 1pt solid black;">2</td></tr><tr><td style="border: 1pt solid black;">39:4-127 Improper backing or turn in street</td><td style="border-bottom: 1pt solid black;">2</td></tr><tr><td style="border: 1pt solid black;">39:4-128.1 Improper passing of school bus</td><td style="border-bottom: 1pt solid black;">5</td></tr><tr><td style="border: 1pt solid black;">39:4-128.4 Improper passing of frozen dessert truck</td><td style="border-bottom: 1pt solid black;">4</td></tr><tr><td style="border: 1pt solid black;">39:4-129 Leaving scene of accident - No injuries</td><td style="border-bottom: 1pt solid black;">2</td></tr><tr><td style="border: 1pt solid black;">39:4-144 Failure to observe stop or yield signs</td><td style="border-bottom: 1pt solid black;">2</td></tr></tbody></table><p> 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."</p><p>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.</p><p> 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.</p><p> 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).</p><p> 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).</p><p> 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.</p><p> 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.</p><p> 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</p><p> 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.</p><p> 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.</p><p>1. Telephone consultation with client;<br />2. Office consultation with client, if requested;<br />3. Offer sound legal advice to client, plus access to our legal info website KennethVercammen.com<br />4. Preparation of letter of representation to Municipal Court;<br />5. Preparation of letter of representation to Municipal Court Prosecutor;<br />6. Preparation of statement to provide legal services;<br />7. Copies of all correspondence to Court and Prosecutor to client;<br />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;<br />9. Review of necessary statutes and case law;<br />10. Draft Defense by Affidavit<br />11. Determine defense and mitigating factors;<br />12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases;<br />13. Review documents supplied by client and court;<br />14. Travel to Municipal Court; 15. Negotiations with the Prosecutor and Representation in Municipal Court.<br />16. Preparation of End of Case Letter and client questionnaire.<br />17. Free Brochures provided on other legal topics such as Worker's Comp, Wills, Personal Injury<br />18. Free subscription to monthly e-mail newsletter. Provide your email address.<br />19. Follow up telephone advice [If you call, provide the specific questions with the message].<br />20. Invitation to client socials/ seminars and Community events via email.<br />21. Hold and maintain file for seven years in storage as free client service.</p><p> 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</p><p> Your Responsibility- Please read carefully and follow instructions to help us help you</p><p>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.<br />2 You must notify the court and the law office immediately if your address or phone numbers change.<br />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.<br />4. Pay your fines immediately.<br />5. If you call, you must provide your questions to our receptionist.</p><p></p></td></tr><tr></tr></tbody></table><br /></div></td></tr></tbody></table>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-37816858094621454172023-07-19T14:50:00.000-04:002023-07-19T14:50:51.704-04:00Traffic and Criminal Cases<h1 align="center"><strong>Traffic and Criminal Cases</strong></h1><p> 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.</p><p>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.</p><p>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]</p><p>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]</p><p>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]</p><p>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]</p><p>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]</p><p>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.</p><p>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.</p><p>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]</p><p>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]</p><p>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]</p><p>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]</p>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-67304444487543676752023-06-12T17:12:00.000-04:002023-06-12T17:12:42.890-04:00Traffic Accidents <p> </p><table aligcellpadding="0" border="0" cellspacing="10" style="width: 100%;"><tbody><tr><td valign="top"><h1 align="center"><strong>Traffic Accidents</strong></h1></td></tr><tr><td valign="top"><p></p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>Doctor/ Treatment:</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p> </p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p></p><p></p></td></tr><tr></tr></tbody></table><br />Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-89721688225873969322023-04-10T16:49:00.000-04:002023-04-10T16:49:13.232-04:00Traffic Violations NJ<p> </p><p> </p><h1 align="center"><b> Traffic Violations</b></h1> <p>Traffic Fines, Points, Jail.</p><p>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.</p><p>39:4-50
Operating under the influence- DWI (See chart at KennethVercammen.com)
Plus DMV points; plus additional car insurance eligibility points.</p><p>39:4-50.2 Refusal to undergo breathalyzer test- (See chart at KennethVercammen.com)</p><p>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.</p><p>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</p><p>39:4-51b Possession of open container of alcohol
in passenger compartment- First offense: $200 Subsequent offense: Fine
$250 or 10 days community service</p><p>39 :4-52 Racing on highway- First offense $25-$100 5 DMV points, 5 car insurance points</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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</p><p>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</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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.</p><p>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</p><p>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.</p><p>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.</p><p>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</p><p>39:4-130 Failure to report accident- $30-$100</p><p>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</p><p>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.</p><p>.NJ.A.C. 13:19-10.2 Point Accumulation; period of suspension</p><p>(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:</p><p>POINTS ACCUMULATED PERIOD OF SUSPENSION</p><p>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</p><p>31 to 35 points in a period greater than two years; 150 days</p><p>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</p><p>(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.</p>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-4214709323903013932023-04-10T16:48:00.003-04:002023-04-10T16:48:24.252-04:00 Traffic Ticket Representation NJ<p> </p><p> </p><h1 align="center"><b> Traffic Ticket Representation</b></h1> <p></p><p>Kenneth
Vercammen's Law office represents individuals charged with criminal and
serious traffic violations throughout New Jersey.</p> <p>TRAFFIC REPRESENTATION AND NO POINTS</p> <p>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</p> <p> 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.</p> <p> Under the New Jersey
Court Rules, a New Jersey Attorney can negotiate with the Municipal
Court Prosecutor to attempt to reduce points.</p> <p> 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.</p> <table align="center" border="1" cellpadding="0" cellspacing="0"> <tbody> <tr> <td>Violation</td> <td>Points</td> </tr> <tr> <td>27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway</td> <td>2</td> </tr> <tr> <td>27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway</td> <td>4</td> </tr> <tr> <td>27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway</td> <td>2</td> </tr> <tr> <td>39:3-20 <span>Operating constructor vehicle in excess of 45 mph</span></td> <td>3</td> </tr> <tr> <td>39:4-14.3 Operating motorized bicycle on restricted highway</td> <td>2</td> </tr> <tr> <td>39:4-14.3d More than 1 person on a motorized bicycle.</td> <td>2</td> </tr> <tr> <td>39:4-35 Failure to yield to pedestrian in crosswalk,</td> <td>2</td> </tr> <tr> <td>39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk</td> <td>2</td> </tr> <tr> <td>39:4-41 Driving through safety zone.</td> <td>2</td> </tr> <tr> <td>39:4-52 Racing on Highway</td> <td>5</td> </tr> <tr> <td>39:4-55 Improper action or omission on grades and curves</td> <td>2</td> </tr> <tr> <td>39:4-57 Failure to observe directions of officer.</td> <td>2</td> </tr> <tr> <td>39:4-66 Failure to stop before crossing sidewalk</td> <td>2</td> </tr> <tr> <td>39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway</td> <td>2</td> </tr> <tr> <td>39:4-66.2 Driving on private property to avoid traffic signal or stop sign</td> <td>2</td> </tr> <tr> <td>39:4-71 Improper driving on sidewalk</td> <td>2</td> </tr> <tr> <td>39:4-81 Failure to observe traffic signal</td> <td>2</td> </tr> <tr> <td>39:4-82 Failure to keep right</td> <td>2</td> </tr> <tr> <td>39:4-83 Failure to keep right at intersection</td> <td>2</td> </tr> <tr> <td>39:4-84 Failure to pass right of vehicle proceeding in opposite direction</td> <td>5</td> </tr> <tr> <td>39:4-85 Improper passing on right or off roadway or shoulder</td> <td>4</td> </tr> <tr> <td>39:4-85.1 Wrong way on one-way street</td> <td>2</td> </tr> <tr> <td>39:4-86 Improper passing, in No Passing zone</td> <td>4</td> </tr> <tr> <td>39:4-87 Failure to yield to overtake vehicle</td> <td>2</td> </tr> <tr> <td>39:4-88 Failure to observe traffic lanes</td> <td>2</td> </tr> <tr> <td height="22">39:4-89 Tailgating</td> <td>5</td> </tr> <tr> <td>39:4-90 Failure to yield at intersection</td> <td>2</td> </tr> <tr> <td>39:4-90.1 Failure to use proper entrances to limited access highway</td> <td>2</td> </tr> <tr> <td>39:4-91, Failure to yield to emergency vehicle</td> <td>2</td> </tr> <tr> <td>39:4-96 Reckless driving</td> <td>5</td> </tr> <tr> <td>39:4-97 Careless driving</td> <td>2</td> </tr> <tr> <td>39:4-98 or Speeding up to 14 mph above limit</td> <td>2</td> </tr> <tr> <td>39:4-99 Speeding 15-29 mph above limit </td> <td>4</td> </tr> <tr> <td>39:4-99 Speeding 30 mph or more above limit</td> <td>5</td> </tr> <tr> <td>39:4-105 Failure to stop at traffic light</td> <td>2</td> </tr> <tr> <td>39:4-115 Improper turn at traffic light</td> <td>3</td> </tr> <tr> <td>39:4-123 Improper right or left turn</td> <td>3</td> </tr> <tr> <td>39:4-124 Improper turn: from approved turning course</td> <td>3</td> </tr> <tr> <td>39:4-125 Improper u-turn</td> <td>3</td> </tr> <tr> <td>39:4-126 Failure to give proper signal</td> <td>2</td> </tr> <tr> <td>39:4-127 Improper backing or turn in street</td> <td>2</td> </tr> <tr> <td>39:4-128.1 Improper passing of school bus</td> <td>5</td> </tr> <tr> <td>39:4-128.4 Improper passing of frozen dessert truck</td> <td>4</td> </tr> <tr> <td>39:4-129 Leaving scene of accident - No injuries</td> <td>2</td> </tr> <tr> <td>39:4-144 Failure to observe stop or yield signs</td> <td>2</td> </tr> <tr> <td>39:5D-4 Moving violation out-of-state</td> <td>2</td> </tr> </tbody> </table> <p>
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.</p> <p>The new no point statute reads as follows:<b>39:4-97.2 Driving, operating a motor vehicle in an unsafe manner, offense created; fines; surcharge.</b></p> <p><a name="{ED87}"><br /><span><img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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.<br /><br /><img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />b.<img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).<br /><br /><img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />c.<img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).<br /><br /><img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />d.<img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).<br /><br /><img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />e.<img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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.<br /><br /></span></a></p> <p><a name="{ED87}"><span><img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />f.<img alt="/" border="0" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).</span></a></p> <p><a name="{ED87}"></a> THIS MEANS FOR YOUR THIRD OFFENSE WITHIN FIVE YEARS OF THIS STATUTE, YOU WILL BE CHARGED 4 POINTS.</p> <p>
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</p> <p> 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.</p> <p>
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.</p> <p>1. Telephone consultation with client;<br />2. Office consultation with client, if requested;<br />3. Offer sound legal advice to client, plus access to our legal info website www.KennethVercammen.com<br />4. Preparation of letter of representation to Municipal Court;<br />5. Preparation of letter of representation to Municipal Court Prosecutor;<br />6. Preparation of statement to provide legal services;<br />7. Copies of all correspondence to Court and Prosecutor to client;<br />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;<br />9. Review of necessary statutes and case law;<br />10. Draft Defense by Affidavit<br />11. Determine defense and mitigating factors;<br />12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases;<br />13. Review documents supplied by client and court;<br />14. Travel to Municipal Court; 15. Negotiations with the Prosecutor and Representation in Municipal Court.<br />16. Preparation of End of Case Letter and client questionnaire.<br />17. Free Brochures provided on other legal topics such as Workers Comp, Wills, Personal Injury<br />18. Free subscription to monthly e-mail newsletter. Provide your email address.<br />19. Follow up telephone advice [If you call, provide the specific questions with the message].<br />20. Invitation to client socials/ seminars and Community events via email.<br />21. Hold and maintain file for seven years in storage as free client service.</p> <p>
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</p> <p> Your Responsibility- Please read carefully and follow instructions to help us help you</p> <p>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.<br />2 You must notify the court and the law office immediately if your address or phone numbers change.<br />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.<br />4. Pay your fines immediately.<br />5. If you call, you must provide your questions to our receptionist.</p>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-24957443371027007502023-04-10T16:47:00.003-04:002023-04-10T16:47:18.067-04:00Traffic Ticket Representation NJ<p> </p><p> </p><h1 align="center"><b> Traffic Ticket Representation</b></h1> <p></p><p>TRAFFIC VIOLATIONS 4 POINTS OR LESS- WE GO TO COURT TO TRY TO NEGOTIATE FOR NEW NO POINT TICKET</p>
<p> 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.</p>
<p>Under the New Jersey Court Rules, a New Jersey Attorney can negotiate
with the Municipal Court Prosecutor to attempt to reduce points.</p>
<p> 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.</p>
<p> 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:</p>
<table border="0">
<tbody>
<tr>
<td><b>VIOLATION</b></td>
<td><b>POINTS</b></td>
</tr>
<tr>
<td>39:4-66.2 Driving on private property to avoid traffic signal or stop sign </td>
<td>
<p>2</p>
</td>
</tr>
<tr>
<td>39:4-71 Improper driving on sidewalk</td>
<td>2</td>
</tr>
<tr>
<td>39:4-81 Failure to observe traffic signal</td>
<td>2</td>
</tr>
<tr>
<td>39:4-82 Failure to keep right</td>
<td>2</td>
</tr>
<tr>
<td>39:4-83 Failure to keep right at intersection</td>
<td>2</td>
</tr>
<tr>
<td>39:4-84 Failure to pass right of vehicle proceeding in opposite direction</td>
<td>5</td>
</tr>
<tr>
<td>39:4-85 Improper passing on right or off roadway or shoulder</td>
<td>4</td>
</tr>
<tr>
<td>39:4-85.1 Wrong way on one-way street</td>
<td>2</td>
</tr>
<tr>
<td>39:4-86 Improper passing, in No Passing zone</td>
<td>4</td>
</tr>
<tr>
<td>39:4-87 Failure to yield to overtake vehicle</td>
<td>2</td>
</tr>
<tr>
<td>39:4-88 Failure to observe traffic lanes</td>
<td>2</td>
</tr>
<tr>
<td>39:4-89 Tailgating</td>
<td>5</td>
</tr>
<tr>
<td>39:4-96 Reckless driving</td>
<td>5</td>
</tr>
<tr>
<td>39:4-97 Careless driving</td>
<td>2</td>
</tr>
<tr>
<td>39:4-98 Speeding up to 14 mph above limit</td>
<td>2</td>
</tr>
<tr>
<td>39:4-99 Speeding 15-29 mph above limit</td>
<td>4</td>
</tr>
<tr>
<td>39:4-99 Speeding 30 mph or more above limit</td>
<td>5</td>
</tr>
<tr>
<td>39:4-105 Failure to stop at traffic light</td>
<td>2</td>
</tr>
<tr>
<td>39:4-115 Improper turn at traffic light</td>
<td>3</td>
</tr>
<tr>
<td>39:4-123 Improper right or left turn</td>
<td>3</td>
</tr>
<tr>
<td>39:4-124 Improper turn: from approved turning course</td>
<td>3</td>
</tr>
<tr>
<td>39:4-125 Improper u-turn</td>
<td>3</td>
</tr>
<tr>
<td>39:4-126 Failure to give proper signal</td>
<td>2</td>
</tr>
<tr>
<td>39:4-127 Improper backing or turn in street</td>
<td>2</td>
</tr>
<tr>
<td>39:4-128.1 Improper passing of school bus</td>
<td>5</td>
</tr>
<tr>
<td>39:4-128.4 Improper passing of frozen dessert truck</td>
<td>4</td>
</tr>
<tr>
<td>39:4-129 Leaving scene of accident - No injuries</td>
<td>2</td>
</tr>
<tr>
<td>39:4-144 Failure to observe stop or yield signs</td>
<td>2</td>
</tr>
</tbody>
</table>
<p>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.</p>
<p>The new no point statute reads as follows:</p>
<p><b>39:4-97.2 Driving, operating a motor vehicle in an unsafe manner, offense created; fines; surcharge.</b></p>
<p><br /><img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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.<br /><br /><img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />b.<img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).<br /><br /><img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />c.<img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).<br /><br /><img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />d.<img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).<br /><br /><img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />e.<img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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.</p>
<p><img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />f.<img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).</p>
<p> THIS MEANS FOR YOUR THIRD OFFENSE WITHIN FIVE YEARS OF THIS STATUTE, YOU WILL BE CHARGED 4 POINTS.</p>
<p>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</p>
<p>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.</p>
<p>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.</p>
<p>1. Telephone consultation with client;<br /> 2. Office consultation with client, if requested;<br /> 3. Offer sound legal advice to client, plus access to our legal info website KennethVercammen.com<br /> 4. Preparation of letter of representation to Municipal Court;<br /> 5. Preparation of letter of representation to Municipal Court Prosecutor;<br /> 6. Preparation of statement to provide legal services;<br /> 7. Copies of all correspondence to Court and Prosecutor to client;<br />
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;<br /> 9. Review of necessary statutes and case law;<br /> 10. Draft Defense by Affidavit<br /> 11. Determine defense and mitigating factors;<br /> 12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases;<br /> 13. Review documents supplied by client and court;<br /> 14. Travel to Municipal Court; 15. Negotiations with the Prosecutor and Representation in Municipal Court.<br /> 16. Preparation of End of Case Letter and client questionnaire.<br /> 17. Free Brochures provided on other legal topics such as Worker's Comp, Wills, Personal Injury<br /> 18. Free subscription to monthly e-mail newsletter. Provide your email address.<br /> 19. Follow up telephone advice [If you call, provide the specific questions with the message].<br /> 20. Invitation to client socials/ seminars and Community events via email.<br /> 21. Hold and maintain file for seven years in storage as free client service.</p>
<p>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</p>
<p>Your Responsibility- Please read carefully and follow instructions to help us help you</p>
<p>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.<br /> 2 You must notify the court and the law office immediately if your address or phone numbers change.<br />
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.<br /> 4. Pay your fines immediately.<br /> 5. If you call, you must provide your questions to our receptionist.</p>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-57300392614721618852023-04-10T16:46:00.003-04:002023-04-10T16:46:23.655-04:00 Traffic Offense NJ<p> </p><p> </p><h1 align="center"><b> Traffic Offense</b></h1> <p></p><p>TRAFFIC VIOLATIONS 4 POINTS OR LESS- WE GO TO COURT TO TRY TO NEGOTIATE FOR NEW "NO POINT" TICKET</p><p> 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.</p><p> Under the New Jersey
Court Rules, a New Jersey Attorney can negotiate with the Municipal
Court Prosecutor to attempt to reduce points.</p><p> 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.</p><p> 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:</p><table border="1" cellpadding="0" cellspacing="0" style="border-collapse: collapse; border: medium none; mso-border-alt: solid black .5pt; mso-border-themecolor: text1; mso-padding-alt: 0in 5.4pt 0in 5.4pt; mso-yfti-tbllook: 1184;"> <tbody><tr> <td style="border: 1pt solid black;" width="694"><b>VIOLATION</b><p></p></td> <td style="border: 1pt solid black;" width="69"><b>POINTS</b><p></p></td> </tr> <tr style="mso-yfti-irow: 1;"> <td style="border: 1pt solid black;">39:4-66.2 Driving on private property to avoid traffic signal or stop sign </td> <td style="border-bottom: 1pt solid black;" width="69"><p>2</p></td> </tr> <tr style="mso-yfti-irow: 2;"> <td style="border: 1pt solid black;">39:4-71 Improper driving on sidewalk</td> <td style="border-bottom: 1pt solid black;">2</td> </tr> <tr style="mso-yfti-irow: 3;"> <td style="border: 1pt solid black;">39:4-81 Failure to observe traffic signal </td> <td style="border-bottom: 1pt solid black;">2</td> </tr> <tr style="mso-yfti-irow: 4;"> <td style="border: 1pt solid black;">39:4-82 Failure to keep right </td> <td style="border-bottom: 1pt solid black;">2</td> </tr> <tr style="mso-yfti-irow: 5;"> <td style="border: 1pt solid black;">39:4-83 Failure to keep right at intersection </td> <td style="border-bottom: 1pt solid black;">2</td> </tr> <tr style="mso-yfti-irow: 6;"> <td style="border: 1pt solid black;">39:4-84 Failure to pass right of vehicle proceeding in opposite direction </td> <td style="border-bottom: 1pt solid black;">5</td> </tr> <tr style="mso-yfti-irow: 7;"> <td style="border: 1pt solid black;">39:4-85 Improper passing on right or off roadway or shoulder</td> <td style="border-bottom: 1pt solid black;">4</td> </tr> <tr style="mso-yfti-irow: 8;"> <td style="border: 1pt solid black;">39:4-85.1 Wrong way on one-way street</td> <td style="border-bottom: 1pt solid black;">2</td> </tr> <tr style="mso-yfti-irow: 9;"> <td style="border: 1pt solid black;">39:4-86 Improper passing, in "No Passing" zone</td> <td style="border-bottom: 1pt solid black;">4</td> </tr> <tr style="mso-yfti-irow: 10;"> <td style="border: 1pt solid black;">39:4-87 Failure to yield to overtake vehicle</td> <td style="border-bottom: 1pt solid black;">2</td> </tr> <tr style="mso-yfti-irow: 11;"> <td style="border: 1pt solid black;">39:4-88 Failure to observe traffic lanes</td> <td style="border-bottom: 1pt solid black;">2</td> </tr> <tr style="mso-yfti-irow: 12;"> <td style="border: 1pt solid black;">39:4-89 Tailgating</td> <td style="border-bottom: 1pt solid black;">5</td> </tr> <tr style="mso-yfti-irow: 13;"> <td style="border: 1pt solid black;">39:4-96 Reckless driving</td> <td style="border-bottom: 1pt solid black;">5</td> </tr> <tr style="mso-yfti-irow: 14;"> <td style="border: 1pt solid black;">39:4-97 Careless driving</td> <td style="border-bottom: 1pt solid black;">2</td> </tr> <tr style="mso-yfti-irow: 15;"> <td style="border: 1pt solid black;">39:4-98 Speeding up to 14 mph above limit</td> <td style="border-bottom: 1pt solid black;">2</td> </tr> <tr style="mso-yfti-irow: 16;"> <td style="border: 1pt solid black;">39:4-99 Speeding 15-29 mph above limit</td> <td style="border-bottom: 1pt solid black;">4</td> </tr> <tr style="mso-yfti-irow: 17;"> <td style="border: 1pt solid black;">39:4-99 Speeding 30 mph or more above limit</td> <td style="border-bottom: 1pt solid black;">5</td> </tr> <tr style="mso-yfti-irow: 18;"> <td style="border: 1pt solid black;">39:4-105 Failure to stop at traffic light</td> <td style="border-bottom: 1pt solid black;">2</td> </tr> <tr style="mso-yfti-irow: 19;"> <td style="border: 1pt solid black;">39:4-115 Improper turn at traffic light</td> <td style="border-bottom: 1pt solid black;">3</td> </tr> <tr style="mso-yfti-irow: 20;"> <td style="border: 1pt solid black;">39:4-123 Improper right or left turn</td> <td style="border-bottom: 1pt solid black;">3</td> </tr> <tr style="mso-yfti-irow: 21;"> <td style="border: 1pt solid black;">39:4-124 Improper turn: from approved turning course</td> <td style="border-bottom: 1pt solid black;">3</td> </tr> <tr style="mso-yfti-irow: 22;"> <td style="border: 1pt solid black;">39:4-125 Improper u-turn</td> <td style="border-bottom: 1pt solid black;">3</td> </tr> <tr style="mso-yfti-irow: 23;"> <td style="border: 1pt solid black;">39:4-126 Failure to give proper signal</td> <td style="border-bottom: 1pt solid black;">2</td> </tr> <tr style="mso-yfti-irow: 24;"> <td style="border: 1pt solid black;">39:4-127 Improper backing or turn in street</td> <td style="border-bottom: 1pt solid black;">2</td> </tr> <tr style="mso-yfti-irow: 25;"> <td style="border: 1pt solid black;">39:4-128.1 Improper passing of school bus</td> <td style="border-bottom: 1pt solid black;">5</td> </tr> <tr style="mso-yfti-irow: 26;"> <td style="border: 1pt solid black;">39:4-128.4 Improper passing of frozen dessert truck</td> <td style="border-bottom: 1pt solid black;">4</td> </tr> <tr style="mso-yfti-irow: 27;"> <td style="border: 1pt solid black;">39:4-129 Leaving scene of accident - No injuries</td> <td style="border-bottom: 1pt solid black;">2</td> </tr> <tr style="mso-yfti-irow: 28; mso-yfti-lastrow: yes;"> <td style="border: 1pt solid black;">39:4-144 Failure to observe stop or yield signs</td> <td style="border-bottom: 1pt solid black;">2</td> </tr> </tbody></table><p>
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."</p><p>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.</p><p>
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.</p><p> 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).</p><p> 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).</p><p> 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.</p><p> 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.</p><p> 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</p><p> 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.</p><p>
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.</p><p>1. Telephone consultation with client;<br /> 2. Office consultation with client, if requested;<br /> 3. Offer sound legal advice to client, plus access to our legal info website KennethVercammen.com<br /> 4. Preparation of letter of representation to Municipal Court;<br /> 5. Preparation of letter of representation to Municipal Court Prosecutor;<br /> 6. Preparation of statement to provide legal services;<br /> 7. Copies of all correspondence to Court and Prosecutor to client;<br />
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;<br /> 9. Review of necessary statutes and case law;<br /> 10. Draft Defense by Affidavit<br /> 11. Determine defense and mitigating factors;<br /> 12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases;<br /> 13. Review documents supplied by client and court;<br /> 14. Travel to Municipal Court; 15. Negotiations with the Prosecutor and Representation in Municipal Court.<br /> 16. Preparation of End of Case Letter and client questionnaire.<br /> 17. Free Brochures provided on other legal topics such as Worker's Comp, Wills, Personal Injury<br /> 18. Free subscription to monthly e-mail newsletter. Provide your email address.<br /> 19. Follow up telephone advice [If you call, provide the specific questions with the message].<br /> 20. Invitation to client socials/ seminars and Community events via email.<br /> 21. Hold and maintain file for seven years in storage as free client service.</p><p>
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</p><p> Your Responsibility- Please read carefully and follow instructions to help us help you</p><p>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.<br /> 2 You must notify the court and the law office immediately if your address or phone numbers change.<br />
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.<br /> 4. Pay your fines immediately.<br /> 5. If you call, you must provide your questions to our receptionist.</p>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-17291835519396609052023-04-10T16:45:00.006-04:002023-04-10T16:45:53.314-04:00Traffic and Criminal Cases NJ<p> </p><p> </p><h1 align="center"><b> Traffic and Criminal Cases</b></h1> <p></p><p align="center"><img alt="Traffic & Criminal Cases" border="0" height="60" src="https://njlaws.com/uploaded_graphics/traffic_and_criminal_cases.htm_cmp_corporat110_bnr.gif" width="600" /></p><p align="center">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.</p><p>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.</p><p>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]</p><p>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]</p><p>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]</p><p>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]</p><p>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]</p><p>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.</p><p>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.</p><p>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]</p><p>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]</p><p>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]</p><p>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]</p>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-84551066541436919672023-04-10T16:45:00.002-04:002023-04-10T16:45:08.958-04:00Traffic Accidents NJ<p> </p><h1 align="center"><b>Traffic Accidents</b></h1> <p></p><p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>Doctor/ Treatment:</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p> </p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p><p> </p>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-38116133943385754482023-04-07T13:57:00.000-04:002023-04-07T13:57:03.651-04:00 Traffic Ticket Representation NJ <h1 align="center"><strong> Traffic Ticket Representation</strong></h1> <p></p><p>TRAFFIC VIOLATIONS 4 POINTS OR LESS- WE GO TO COURT TO TRY TO NEGOTIATE FOR NEW NO POINT TICKET</p>
<p> 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.</p>
<p>Under the New Jersey Court Rules, a New Jersey Attorney can negotiate
with the Municipal Court Prosecutor to attempt to reduce points.</p>
<p> 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.</p>
<p> 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:</p>
<table border="0">
<tbody>
<tr>
<td><strong>VIOLATION</strong></td>
<td><strong>POINTS</strong></td>
</tr>
<tr>
<td>39:4-66.2 Driving on private property to avoid traffic signal or stop sign </td>
<td>
<p>2</p>
</td>
</tr>
<tr>
<td>39:4-71 Improper driving on sidewalk</td>
<td>2</td>
</tr>
<tr>
<td>39:4-81 Failure to observe traffic signal</td>
<td>2</td>
</tr>
<tr>
<td>39:4-82 Failure to keep right</td>
<td>2</td>
</tr>
<tr>
<td>39:4-83 Failure to keep right at intersection</td>
<td>2</td>
</tr>
<tr>
<td>39:4-84 Failure to pass right of vehicle proceeding in opposite direction</td>
<td>5</td>
</tr>
<tr>
<td>39:4-85 Improper passing on right or off roadway or shoulder</td>
<td>4</td>
</tr>
<tr>
<td>39:4-85.1 Wrong way on one-way street</td>
<td>2</td>
</tr>
<tr>
<td>39:4-86 Improper passing, in No Passing zone</td>
<td>4</td>
</tr>
<tr>
<td>39:4-87 Failure to yield to overtake vehicle</td>
<td>2</td>
</tr>
<tr>
<td>39:4-88 Failure to observe traffic lanes</td>
<td>2</td>
</tr>
<tr>
<td>39:4-89 Tailgating</td>
<td>5</td>
</tr>
<tr>
<td>39:4-96 Reckless driving</td>
<td>5</td>
</tr>
<tr>
<td>39:4-97 Careless driving</td>
<td>2</td>
</tr>
<tr>
<td>39:4-98 Speeding up to 14 mph above limit</td>
<td>2</td>
</tr>
<tr>
<td>39:4-99 Speeding 15-29 mph above limit</td>
<td>4</td>
</tr>
<tr>
<td>39:4-99 Speeding 30 mph or more above limit</td>
<td>5</td>
</tr>
<tr>
<td>39:4-105 Failure to stop at traffic light</td>
<td>2</td>
</tr>
<tr>
<td>39:4-115 Improper turn at traffic light</td>
<td>3</td>
</tr>
<tr>
<td>39:4-123 Improper right or left turn</td>
<td>3</td>
</tr>
<tr>
<td>39:4-124 Improper turn: from approved turning course</td>
<td>3</td>
</tr>
<tr>
<td>39:4-125 Improper u-turn</td>
<td>3</td>
</tr>
<tr>
<td>39:4-126 Failure to give proper signal</td>
<td>2</td>
</tr>
<tr>
<td>39:4-127 Improper backing or turn in street</td>
<td>2</td>
</tr>
<tr>
<td>39:4-128.1 Improper passing of school bus</td>
<td>5</td>
</tr>
<tr>
<td>39:4-128.4 Improper passing of frozen dessert truck</td>
<td>4</td>
</tr>
<tr>
<td>39:4-129 Leaving scene of accident - No injuries</td>
<td>2</td>
</tr>
<tr>
<td>39:4-144 Failure to observe stop or yield signs</td>
<td>2</td>
</tr>
</tbody>
</table>
<p>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.</p>
<p>The new no point statute reads as follows:</p>
<p><strong>39:4-97.2 Driving, operating a motor vehicle in an unsafe manner, offense created; fines; surcharge.</strong></p>
<p><br /><img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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.<br /><br /><img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />b.<img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).<br /><br /><img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />c.<img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).<br /><br /><img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />d.<img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).<br /><br /><img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />e.<img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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.</p>
<p><img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />f.<img alt="/" src="http://lis.njleg.state.nj.us/sd42images/tab.gif" />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).</p>
<p> THIS MEANS FOR YOUR THIRD OFFENSE WITHIN FIVE YEARS OF THIS STATUTE, YOU WILL BE CHARGED 4 POINTS.</p>
<p>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</p>
<p>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.</p>
<p>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.</p>
<p>1. Telephone consultation with client;<br /> 2. Office consultation with client, if requested;<br /> 3. Offer sound legal advice to client, plus access to our legal info website KennethVercammen.com<br /> 4. Preparation of letter of representation to Municipal Court;<br /> 5. Preparation of letter of representation to Municipal Court Prosecutor;<br /> 6. Preparation of statement to provide legal services;<br /> 7. Copies of all correspondence to Court and Prosecutor to client;<br />
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;<br /> 9. Review of necessary statutes and case law;<br /> 10. Draft Defense by Affidavit<br /> 11. Determine defense and mitigating factors;<br /> 12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases;<br /> 13. Review documents supplied by client and court;<br /> 14. Travel to Municipal Court; 15. Negotiations with the Prosecutor and Representation in Municipal Court.<br /> 16. Preparation of End of Case Letter and client questionnaire.<br /> 17. Free Brochures provided on other legal topics such as Worker's Comp, Wills, Personal Injury<br /> 18. Free subscription to monthly e-mail newsletter. Provide your email address.<br /> 19. Follow up telephone advice [If you call, provide the specific questions with the message].<br /> 20. Invitation to client socials/ seminars and Community events via email.<br /> 21. Hold and maintain file for seven years in storage as free client service.</p>
<p>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</p>
<p>Your Responsibility- Please read carefully and follow instructions to help us help you</p>
<p>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.<br /> 2 You must notify the court and the law office immediately if your address or phone numbers change.<br />
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.<br /> 4. Pay your fines immediately.<br /> 5. If you call, you must provide your questions to our receptionist.</p><p style="text-align: center;"> <span style="font-size: x-large;"><strong><a href="https://njlaws.com/Min_Mand_Fines.html">Minimum Mandatory Fines, Points, Jail and Penalties Relating to Selected Motor Vehicle Offenses</a></strong></span> </p><p> </p>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-76771652240559696392023-04-07T13:56:00.000-04:002023-04-07T13:56:59.701-04:00 Traffic Offense NJ <p> </p><h1 align="center"><strong> Traffic Offense</strong></h1> <p></p><p>TRAFFIC VIOLATIONS 4 POINTS OR LESS- WE GO TO COURT TO TRY TO NEGOTIATE FOR NEW "NO POINT" TICKET</p><p> 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.</p><p> Under the New Jersey
Court Rules, a New Jersey Attorney can negotiate with the Municipal
Court Prosecutor to attempt to reduce points.</p><p> 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.</p><p> 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:</p><table border="1" cellpadding="0" cellspacing="0" style="border-collapse: collapse; border: none; mso-border-alt: solid black .5pt; mso-border-themecolor: text1; mso-padding-alt: 0in 5.4pt 0in 5.4pt; mso-yfti-tbllook: 1184;"> <tbody><tr> <td style="border: solid black 1.0pt;" width="694"><strong>VIOLATION</strong><p></p></td> <td style="border: solid black 1.0pt;" width="69"><strong>POINTS</strong><p></p></td> </tr> <tr style="mso-yfti-irow: 1;"> <td style="border: solid black 1.0pt;">39:4-66.2 Driving on private property to avoid traffic signal or stop sign </td> <td style="border-bottom: solid black 1.0pt;" width="69"><p>2</p></td> </tr> <tr style="mso-yfti-irow: 2;"> <td style="border: solid black 1.0pt;">39:4-71 Improper driving on sidewalk</td> <td style="border-bottom: solid black 1pt;">2</td> </tr> <tr style="mso-yfti-irow: 3;"> <td style="border: solid black 1.0pt;">39:4-81 Failure to observe traffic signal </td> <td style="border-bottom: solid black 1pt;">2</td> </tr> <tr style="mso-yfti-irow: 4;"> <td style="border: solid black 1.0pt;">39:4-82 Failure to keep right </td> <td style="border-bottom: solid black 1pt;">2</td> </tr> <tr style="mso-yfti-irow: 5;"> <td style="border: solid black 1.0pt;">39:4-83 Failure to keep right at intersection </td> <td style="border-bottom: solid black 1pt;">2</td> </tr> <tr style="mso-yfti-irow: 6;"> <td style="border: solid black 1.0pt;">39:4-84 Failure to pass right of vehicle proceeding in opposite direction </td> <td style="border-bottom: solid black 1pt;">5</td> </tr> <tr style="mso-yfti-irow: 7;"> <td style="border: solid black 1.0pt;">39:4-85 Improper passing on right or off roadway or shoulder</td> <td style="border-bottom: solid black 1pt;">4</td> </tr> <tr style="mso-yfti-irow: 8;"> <td style="border: solid black 1.0pt;">39:4-85.1 Wrong way on one-way street</td> <td style="border-bottom: solid black 1pt;">2</td> </tr> <tr style="mso-yfti-irow: 9;"> <td style="border: solid black 1.0pt;">39:4-86 Improper passing, in "No Passing" zone</td> <td style="border-bottom: solid black 1pt;">4</td> </tr> <tr style="mso-yfti-irow: 10;"> <td style="border: solid black 1.0pt;">39:4-87 Failure to yield to overtake vehicle</td> <td style="border-bottom: solid black 1pt;">2</td> </tr> <tr style="mso-yfti-irow: 11;"> <td style="border: solid black 1.0pt;">39:4-88 Failure to observe traffic lanes</td> <td style="border-bottom: solid black 1pt;">2</td> </tr> <tr style="mso-yfti-irow: 12;"> <td style="border: solid black 1.0pt;">39:4-89 Tailgating</td> <td style="border-bottom: solid black 1pt;">5</td> </tr> <tr style="mso-yfti-irow: 13;"> <td style="border: solid black 1.0pt;">39:4-96 Reckless driving</td> <td style="border-bottom: solid black 1pt;">5</td> </tr> <tr style="mso-yfti-irow: 14;"> <td style="border: solid black 1.0pt;">39:4-97 Careless driving</td> <td style="border-bottom: solid black 1pt;">2</td> </tr> <tr style="mso-yfti-irow: 15;"> <td style="border: solid black 1.0pt;">39:4-98 Speeding up to 14 mph above limit</td> <td style="border-bottom: solid black 1pt;">2</td> </tr> <tr style="mso-yfti-irow: 16;"> <td style="border: solid black 1.0pt;">39:4-99 Speeding 15-29 mph above limit</td> <td style="border-bottom: solid black 1pt;">4</td> </tr> <tr style="mso-yfti-irow: 17;"> <td style="border: solid black 1.0pt;">39:4-99 Speeding 30 mph or more above limit</td> <td style="border-bottom: solid black 1pt;">5</td> </tr> <tr style="mso-yfti-irow: 18;"> <td style="border: solid black 1.0pt;">39:4-105 Failure to stop at traffic light</td> <td style="border-bottom: solid black 1pt;">2</td> </tr> <tr style="mso-yfti-irow: 19;"> <td style="border: solid black 1.0pt;">39:4-115 Improper turn at traffic light</td> <td style="border-bottom: solid black 1pt;">3</td> </tr> <tr style="mso-yfti-irow: 20;"> <td style="border: solid black 1.0pt;">39:4-123 Improper right or left turn</td> <td style="border-bottom: solid black 1pt;">3</td> </tr> <tr style="mso-yfti-irow: 21;"> <td style="border: solid black 1.0pt;">39:4-124 Improper turn: from approved turning course</td> <td style="border-bottom: solid black 1pt;">3</td> </tr> <tr style="mso-yfti-irow: 22;"> <td style="border: solid black 1.0pt;">39:4-125 Improper u-turn</td> <td style="border-bottom: solid black 1pt;">3</td> </tr> <tr style="mso-yfti-irow: 23;"> <td style="border: solid black 1.0pt;">39:4-126 Failure to give proper signal</td> <td style="border-bottom: solid black 1pt;">2</td> </tr> <tr style="mso-yfti-irow: 24;"> <td style="border: solid black 1.0pt;">39:4-127 Improper backing or turn in street</td> <td style="border-bottom: solid black 1pt;">2</td> </tr> <tr style="mso-yfti-irow: 25;"> <td style="border: solid black 1.0pt;">39:4-128.1 Improper passing of school bus</td> <td style="border-bottom: solid black 1pt;">5</td> </tr> <tr style="mso-yfti-irow: 26;"> <td style="border: solid black 1.0pt;">39:4-128.4 Improper passing of frozen dessert truck</td> <td style="border-bottom: solid black 1pt;">4</td> </tr> <tr style="mso-yfti-irow: 27;"> <td style="border: solid black 1.0pt;">39:4-129 Leaving scene of accident - No injuries</td> <td style="border-bottom: solid black 1pt;">2</td> </tr> <tr style="mso-yfti-irow: 28; mso-yfti-lastrow: yes;"> <td style="border: solid black 1.0pt;">39:4-144 Failure to observe stop or yield signs</td> <td style="border-bottom: solid black 1pt;">2</td> </tr> </tbody></table><p>
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."</p><p>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.</p><p>
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.</p><p> 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).</p><p> 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).</p><p> 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.</p><p> 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.</p><p> 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</p><p> 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.</p><p>
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.</p><p>1. Telephone consultation with client;<br /> 2. Office consultation with client, if requested;<br /> 3. Offer sound legal advice to client, plus access to our legal info website KennethVercammen.com<br /> 4. Preparation of letter of representation to Municipal Court;<br /> 5. Preparation of letter of representation to Municipal Court Prosecutor;<br /> 6. Preparation of statement to provide legal services;<br /> 7. Copies of all correspondence to Court and Prosecutor to client;<br />
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;<br /> 9. Review of necessary statutes and case law;<br /> 10. Draft Defense by Affidavit<br /> 11. Determine defense and mitigating factors;<br /> 12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases;<br /> 13. Review documents supplied by client and court;<br /> 14. Travel to Municipal Court; 15. Negotiations with the Prosecutor and Representation in Municipal Court.<br /> 16. Preparation of End of Case Letter and client questionnaire.<br /> 17. Free Brochures provided on other legal topics such as Worker's Comp, Wills, Personal Injury<br /> 18. Free subscription to monthly e-mail newsletter. Provide your email address.<br /> 19. Follow up telephone advice [If you call, provide the specific questions with the message].<br /> 20. Invitation to client socials/ seminars and Community events via email.<br /> 21. Hold and maintain file for seven years in storage as free client service.</p><p>
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</p><p> Your Responsibility- Please read carefully and follow instructions to help us help you</p><p>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.<br /> 2 You must notify the court and the law office immediately if your address or phone numbers change.<br />
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.<br /> 4. Pay your fines immediately.<br /> 5. If you call, you must provide your questions to our receptionist.</p><p style="text-align: center;"><span style="font-size: x-large;"><strong><a href="https://njlaws.com/Min_Mand_Fines.html">Minimum Mandatory Fines, Points, Jail and Penalties Relating to Selected Motor Vehicle Offenses</a></strong></span> <br /></p>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-53540244776100297392023-04-07T13:44:00.000-04:002023-04-07T13:44:57.097-04:00 Traffic and Criminal Cases NJ <p align="center">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.</p><p>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.</p><p>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]</p><p>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]</p><p>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]</p><p>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]</p><p>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]</p><p>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.</p><p>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.</p><p>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]</p><p>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]</p><p>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]</p><p>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]</p><p> </p>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-75905330308916907992023-04-07T13:32:00.000-04:002023-04-07T13:32:26.962-04:00Traffic Accidents NJ<p> </p><h1 align="center"><strong>Traffic Accidents</strong></h1> <p></p><p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>Doctor/ Treatment:</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p> </p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p> <p>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.</p>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.comtag:blogger.com,1999:blog-38696695.post-50992589617108375822023-03-17T15:15:00.000-04:002023-03-17T15:15:36.646-04:00Old Bridge AARP Chapter 4854 Wills, Estate Planning, & Probate Seminar<p> May 10, 2023 at 1:30<br />Most Holy Redeemer Roman Catholic Church Meeting Hall<br />130 Amboy Rd, Matawan NJ 07747<br /><br />SPEAKER: Kenneth Vercammen, Esq. Edison, (Author- ABA’s “Wills and Estate Administration book”)<br /><br />2023 Main Topics:<br />1. Administering the Estate/Probate /Surrogate<br />2. Dangers If You Have No Will or documents invalid<br />3. Getting your Estate Planning Documents done when you can’t go into a law office<br />4. What goes into a Will<br />5. Power of Attorneys recommendations<br />6. Living Will & Advance Directive for Medical Care<br />7. Avoiding unnecessary expenses and saving your family money<br /><br />COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts. Must be member of Old Bridge AARP Chapter 4854<br /><br /></p>Vercammen Lawhttp://www.blogger.com/profile/05005140446459230078noreply@blogger.com