E706 VercammenLaw News

 

E706 VercammenLaw News

1 Police could do short inventory search at the scene of impounded DWI car    2 Making  Division of Child Protection and Permanency (DCPP) report itself not auto grounds for DV 3 Happy 4th of July! 4. Ken Vercammen’s wedding photo July 8, 1989 5 Reminders Happy Hour at Headliner Club in Neptune on August 2 Friday at 6pm   6 Estates with IRA accounts

1 Police could do short inventory search at the scene of impounded DWI car

1 Recent cases  State v Courtney 478 N.J. Super. 81 (Law Div. 2024    In State v. Witt, our Supreme Court held police cannot conduct a search pursuant to the automobile exception to the warrant requirement once a vehicle has been towed away and impounded. 223 N.J. 409, 448-49 (2015). John's Law generally requires police to impound a vehicle for at least twelve hours when the driver is arrested for driving while intoxicated (DWI). This case addresses the novel question of whether police may conduct a search under the automobile exception when they are required to impound a vehicle pursuant to John's Law, but the vehicle has yet to be removed from the scene of the stop. A-3844-22 published The trial judge suppressed a handgun found under the front passenger seat, reasoning that because the officers were required to impound the vehicle, they were also required to obtain a search warrant even though the search occurred roadside. After considering the plain text and rationale of Witt, the court reverses the suppression order, holding the inherent exigency justifying a warrantless search at the scene continues to exist so long as the detained vehicle remains at the location of the stop. The court reasons the inherent exigency is not abated by the fact the vehicle will eventually be removed from the scene. Nor is such exigency abated when the decision is made to remove the vehicle, regardless of whether the decision is made in the exercise of police discretion or in compliance with a statutory impoundment mandate.   The court concludes the authority to conduct an automobile-exception search lapses only after the vehicle has been removed to a secure location, not in anticipation of such removal. So long as police satisfy the foundational requirements of probable cause, spontaneity, and unforeseeability, a contemporaneous on-the-spot search is permitted regardless of the ultimate disposition of the vehicle. Accordingly, the court declines to create a new bright-line rule making vehicles subject to John's Law categorically ineligible for an on-scene search under the automobile exception. Published A-3844-22

2 Making  Division of Child Protection and Permanency (DCPP) report itself not auto grounds for DV

E.W. v. W.M.-H., 476 N.J. Super. 433 (Law Div. 2023)        The question presented to the trial court was whether the immunity statute relating to DCPP referrals found at N.J.S.A. 9:6-8.13 confers immunity to DCPP referrals made with the intent to harass a victim of domestic violence as defined under the Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 to -35.         There was no prior precedent resolving this issue. In harmonizing the two statutes, the trial court found that it would be contrary to legislative intent to confer immunity in the realm of domestic violence as that would permit the weaponization of DCPP referrals as a means of perpetrating domestic violence. This matter arose out of an application for a final restraining order under the Prevention of Domestic Violence Act. At the conclusion of the trial, the only predicate act surviving was the act of calling DCPP to report allegations of abuse in order to harass the victim. The trial court noted that the Legislature intended to protect children as the primary purpose in enacting the immunity statute regarding DCPP referrals.  Additionally, N.J.S.A. 2C:25-18 expressly provides that children can suffer emotionally from the exposure to domestic violence, and that children may also be a victim of domestic violence. Thus, the trial court concluded that the application of the DCPP immunity statute to allegations of harassment under the Prevention of Domestic Violence Acts fails as a matter of law under the doctrine of absurdity. Even though the trial court found that the defendant committed the predicate act of harassment by making reports to DCPP, the trial court ultimately found that the plaintiff failed to satisfy the second prong of Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006), and denied the application for a final restraining order. FV-07-2446-22

3 Happy 4th of July! Lexi Dog running with RVRR Raritan Valley Road Runners

4. Ken Vercammen’s wedding photo July 8, 1989 The Groomsmen at wedding July 8, 1989 were: Front Row: Jim Watt, Cynthia Vercammen, Ken Vercammen, Chris Knigge Middle row: John Bachenski, Mike Sydor, Mike Brennan Back row: Jim McGreevey [was NJ Governor], Steve Vercammen   We still look the same in 2024, maybe a touch of grey. 5 Reminders Happy Hour at Headliner Club in Neptune on August 2 Friday at 6pm.      Clients, Friends, Professionals  and friends invited.  RSVP please email VercammenLaw@Njlaws.com     Outdoor & Indoor music, prize giveaways. Bring your friends. Pass this along. Please bring a canned food donation for St. Matthews Edison Foodbank. Also Celebrating Ken’s 65thbirthday. Headliner is located at 1401 Route 35, Neptune NJ, 07753 with a 2nd floor view of the Shark River.          Co-sponsored by several Professional groups, Chambers of Commerce and civic organizations     Free event!      Ken Vercammen will buy a drink for all registered ahead.      Headliner requires attendees be submitted one day ahead. Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.    More details at https://www.facebook.com/events/906077377984376 All over 21 invited.  6 Estates with IRA accounts: Discuss with an accountant. Don’t simply liquidate and deposit in estate account.   If you inherit a traditional IRA, you are called a beneficiary. A beneficiary can be any person or entity the owner chooses to receive the benefits of the IRA after the owner dies. Beneficiaries of a traditional IRA must include in their gross income any taxable distributions they receive. Distributions from Individual Retirement Arrangements (IRAs)Review IRS Publication 590-B (2023) Source https://www.irs.gov/publications/p590b Vercammen Law Annual Update Wills July 17, 2024  Free Workshop & Seminar in person in Edison Law Office     on July 17, 2024 from 12:15-1:00 pm   Live in Vercammen Law Office  FB https://www.facebook.com/events/3633726600177984/ 7  Rock n Roll Hall of Fame with wife Cynthia & sister Janet Thank you for reading and sharing our Newsletter.   Friends and clients can help us by....   Adding a great review on Google: https://g.page/r/CTBkhN95W6_OEAI/review Liking us on Facebook: https://www.facebook.com/profile.php?id=100021606926484 Help us with a review on Avvo: https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html Help us with a review on Yelp: https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison

Women of Irish Heritage Will Seminar

 Women of Irish Heritage Will Seminar

October 9, 2024 at 7:30pm during Meeting

Wills & Estates Update Seminar

At The Shore Club, Spring Lake.      

    Wills & Estate Administration-Protect Your Family and Make Planning Easy 

Speaker: Kenneth Vercammen, Esq. Neptune resident (Author-Wills and Estate Administration by the ABA)

       Main Topics:

1.   Administering the Estate/Probate /Surrogate

2.   Dangers If You Have No Will or documents invalid

3.   Getting your Estate Planning Documents done when you can’t go into a law office

4.   What goes into a Will

5.   Power of Attorneys recommendations

6.   Living Will & Advance Directive for Medical Care

7.   Avoiding unnecessary expenses and saving your family money

    COMPLIMENTARY MATERIAL: Brochure on Wills, “Answers to Questions about Probate” and Administration of an Estate, Power of Attorney, Living Wills, and Trust. 

 

Information:  Kathleen Hobbs <kathleenh@peoplepc.com>

Need to join or be a member of Women Of Irish Heritage Jersey Shore, Inc. to attend.

The Women Of Irish Heritage Jersey Shore, Inc. was founded in 1998 and incorporated in 2002.  It is a non-profit, non-denominational organization.  

 

The purpose of the organization is to promote, to foster and to advance Irish cultural, social and philanthropic activities.  We raise funds to contribute to educational, charitable, religious or public-spirited purposes to benefit an indeterminate number of persons.

 

We conduct meetings, discussions and programs of interest to our membership.  We sponsor a guest-speaker program, lectures and social events throughout the year.

​

Any woman who has attained the age of eighteen years and who can trace her Irish ancestry to no less than one-eighth may apply for membership.

https://www.woihjs.net

39:4-14.13 Violations, fines, seizure, community service.

 

39:4-14.13 Violations, fines, seizure, community service.

39:4-14.13 Violations, fines, seizure, community service. 3.A person violating the provisions of section 2 of this act shall be subject: a.For the first offense, to a fine of not less than $100 nor more than $200, and seizure of the motorized scooter. The seized scooter may only be retrieved from the police by the operator of the scooter or if the operator is under 18 years of age by the operator accompanied by the operators parent or guardian. b.For the second offense, to a fine of not less than $200 nor more than $500, and seizure of the motorized scooter. The seized scooter may only be retrieved from the police by the operator of the scooter or if the operator is under 18 years of age by the operator accompanied by the operators parent or guardian, provided that the court adjudicating the matter approves the return of the scooter. In addition to the fine and seizure provided for in this subsection, the court shall order the violator to perform community service for a period of not greater than 25 hours. c.For the third or subsequent offense, to a fine of not less than $500 nor more than $750, and seizure and forfeiture of the motorized scooter. In addition to the fine, and seizure and forfeiture provided in this subsection, the court shall order the violator to perform community service for a period of not greater than 50 hours. L.2005,c.159,s.3.

39:4-14.12 Motorized scooter, prohibited from operation

 

39:4-14.12 Motorized scooter, prohibited from operation

39:4-14.12 Motorized scooter, prohibited from operation on public street, highway, sidewalk; exceptions. 2. a. No person, except for an operator with a mobility-related disability, as authorized by section 2 of P.L.2007, c.21 (C.39:4-14.15), shall operate a motorized scooter upon any public street, highway or sidewalk. b.Except as otherwise provided in section 4 of P.L.2005, c.159 (C.39:4-14.14), no person, except for an operator with a mobility-related disability, as authorized by section 2 of P.L.2007, c.21 (C.39:4-14.15), shall operate a motorized scooter upon any public property or lands. c.No person shall operate a motorized scooter on the property of another without the consent of the owner of that property or the person who has a contractual right to the use of that property. L.2005, c.159, s.2; amended 2007, c.21, s.1.

39:4-14.11 Noncompliance with electric device regulations

 

39:4-14.11 Noncompliance with electric device regulations

39:4-14.11 Noncompliance with regulations on electric personal assistive mobility device operation, warning, fine. 3.An operator who fails to comply with the requirements of this act shall receive a warning for the first offense. For a second offense, the operator shall be fined $10. For a subsequent offense, the device shall be impounded for not more than 30 days. A person who fails to comply with the requirements governing warning notices shall be fined not more than $100 for each violation. L.2001,c.430,s.3.

39:4-14.10. Definitions, regulations; mobility device

 

39:4-14.10. Definitions, regulations; mobility device

39:4-14.10. Electric personal assistive mobility device defined; regulations concerning 1. a. As used in this act, electric personal assistive mobility device means a self-balancing non-tandem two wheeled device designed to transport one person which uses an electric propulsion system with average power of 750 watts (one horsepower), whose maximum speed on a paved level surface, when powered solely by such a propulsion system while operated by a person weighing 170 pounds is less than 20 miles per hour. The device shall not be considered a motorized wheelchair, motorized bicycle, motorcycle, motorized scooter, motorized skateboard, vehicle or motor vehicle. b.An electric personal assistive mobility device may be operated on the public highways, sidewalks and bicycle paths of the State. Every person operating such a device shall be granted all of the rights and be subject to all of the duties applicable to the driver of a bicycle by chapter four of Title 39 of the Revised Statutes except as to those provisions thereof which by their nature can have no application. An electric personal assistive mobility device shall be subject to the safety and equipment requirements applicable to the bicycle provisions of chapter 4 of Title 39 of the Revised Statutes, except as to those provisions thereof which by their nature can have no application. c.The operator of an electric personal assistive mobility device shall not be required to obtain a drivers license therefor or to register the device. The operator shall not be required to furnish proof of having liability insurance for the device or other proof of financial responsibility. d.The governing body of any municipality may, by ordinance, regulate the operation of electric personal assistive mobility devices upon the roadways and public properties under municipal jurisdiction. The State or the governing body of any county or municipality may prohibit or regulate their operation on any public highway under its jurisdiction. e.Notwithstanding the other provisions of this section, an operator of an electric personal assistive mobility device shall: (1)wear a helmet while operating that device; and (2)be 16 years of age or older, except for an operator with a mobility-related disability. L.2001,c.430,s.1; amended 2003, c.88 39:4-14.10(e) Failure to wear helmet while operating electric personal assistive mobility device violations 39:4-14.11 First offense: Warning. A person who fails to comply with the requirements governing warning notices shall be fined not more than $100 for each violations 39:4-15 to 39:4- 25.1 Violations concerning horses and horse-drawn vehicles 39:4-203 Fine or imprisonment not exceeding 15 days, or both

39:4-14.1 Rights, duties of bicycle riders

 

39:4-14.1 Rights, duties of bicycle riders

39:4-14.1 Rights, duties of bicycle riders on roadways, exemptions. 16. a. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by chapter four of Title 39 of the Revised Statutes and all supplements thereto except as to those provisions thereof which by their nature can have no application. Regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein. b.A law enforcement officer operating a bicycle while in the performance of his duty, and who is engaged in the apprehension of violators of the law or of persons charged with, or suspected of, a violation shall not be subject to the provisions of this section. L.1951,c.23,s.16; amended 1999, c.283. 39:4-11 to 39:4- 14.2 Additional violations re: non-motorized bicycles 39:4-203 Fine or imprisonment not exceeding 15 days, or both Fine up to $50