Sunday, July 25, 2021

REVIEW OF DWI CONVICTIONS INVOLVING NOT PROPERLY CALIBRATED EQUIPMENT (STATE V. CASSIDY)


NOTICE TO THE BAR AND PUBLIC 

REVIEW OF DWI CONVICTIONS INVOLVING NOT PROPERLY CALIBRATED EQUIPMENT (STATE V. CASSIDY)- WEBSITE TO FACILITATE SUBMISSION OF REQUESTS TO REVIEW A DWI CONVICTION 

The Supreme Court in State v. Cassidy. 235 NJ. 482 (2018) found that in some driving while intoxicated (DWI) cases, some Alcotest machines were not properly calibrated and that the test results from those machines thus could not be used to convict a defendant of DWI. The Judiciary was notified by the Office of the Attorney General that there were thousands of DWI cases in which defendants' breath samples were procured using such improperly calibrated machines. As a result, more than 13,000 DWI convictions from between 2008 and 2016 are eligible for review, with most of those cases in four counties (Middlesex, Monmouth, Somerset, Union). 

This is to advise that the Judiciary has created a webpage to facilitate the submission of post-conviction petitions for relief by any defendant affected by the Court's Cassidy decision (https://www.njcourts.gov/courts/mcs/cassidy.html). On July 14, 2021, Superior Court Judge Robert A. Fall, serving on recall and designated by the Court as special master for the statewide management of these cases, sent a notice to those 13,000+ defendants potentially affected by the Cassidy decision. That notice advised defendants how to file a petition for review of their caseand,ifneeded,howtorequestappointmentofapublicdefender. Theforms for those steps are available on the website. Initial case management conferences in those matters will begin in August. 

The Supreme Court has designated Judge Fall, along with Superior Court Judges Linda G. Baxter, Stephan C. Hansbury, and Robert B. Reed, all serving on recall, to sit as Municipal Court judges with statewide jurisdiction to resolve cases affected by Cassidy. 

Questions regarding this notice may be directed to the Municipal Court Services Division in the Administrative Office of the Courts at 609-815-2900, ext. 54850. 

Dated: July 22, 2021 

Hn. Glenn A. Grant, J.A.D. 

Acting Administrative Director of the Courts 



Wednesday, July 22, 2020

39:4-98 Speeding

39:4-98 Speeding 

Fine or imprisonment notexceeding 15 days, or both when guilty. Fine $50-$200
Fine doubled when driving
20 mph over speed limit or 10 mph over in a 65 mph zone

NJ MVC Points 39:4-98 or Speeding up to 14mph above limit2
39:4-99 Speeding 15-29 mph above limit4
Speeding 30 mph or more above limit5
Plus 2-5 car insurance points
Penalties at 39:4-104 39:4-98.7

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

More info at http://www.njlaws.com/speeding_and_radar.htm
Copyright 2019 Vercammen Law
39 :4-98 .  Rates of speed
   39 :4-98 .  Rates of speed.  Subject to the provisions of R.S.39:4-96 and R.S.39:4-97 and except in those instances where a lower speed is specified in this chapter, it shall be prima facie lawful for the driver of a vehicle to drive it at a speed not exceeding the following:

   a. (1) Twenty-five miles per hour, when passing through a school zone during recess, when the presence of children is clearly visible from the roadway, or while children are going to or leaving school, during opening or closing hours;

   (2) Twenty-five miles per hour on certain portions of Route 130 in Burlington City, Burlington County, as provided by paragraphs (1) and (2) of subsection a. of section 3 of P.L.2019, c.5 (C.39:4-98.12);

   (3) Thirty-five miles per hour on certain portions of Route 130 in Burlington City, Burlington County, as provided by paragraphs (3) and (4) of subsection a. of section 3 of P.L.2019, c.5 (C.39:4-98.12);

   b.   (1) Twenty-five miles per hour in any business or residential district;

   (2)   Thirty-five miles per hour in any suburban business or residential district;

   c.   Fifty miles per hour in all other locations, except as otherwise provided in the "Sixty-Five MPH Speed Limit Implementation Act," pursuant to P.L.1997, c.415 (C.39:4-98.3 et al.).

   Whenever it shall be determined upon the basis of an engineering and traffic investigation that any speed hereinbefore set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a highway, the Commissioner of Transportation, with reference to State highways, may by regulation and municipal or county authorities, with reference to highways under their jurisdiction, may by ordinance, in the case of municipal authorities, or by ordinance or resolution, in the case of county authorities, subject to the approval of the Commissioner of Transportation, except as otherwise provided in R.S.39:4-8, designate a reasonable and safe speed limit thereat which, subject to the provisions of R.S.39:4-96 and R.S.39:4-97, shall be prima facie lawful at all times or at such times as may be determined, when appropriate signs giving notice thereof are erected at such intersection, or other place or part of the highway.  Appropriate signs giving notice of the speed limits authorized under the provisions of paragraph (1) of subsection b. and subsection c. of this section may be erected if the commissioner or the municipal or county authorities, as the case may be, so determine they are necessary.  Appropriate signs giving notice of the speed limits authorized under the provisions of subsection a. and paragraph (2) of subsection b. of this section shall be erected by the commissioner or the municipal or county authorities, as appropriate.

   When designating reasonable and safe speed limits for a street under its jurisdiction pursuant to this subsection, as part of an engineering and traffic investigation, a municipality or county shall consider, but not be limited to, the following criteria:  residential density; the presence, or lack, of sidewalks; the prevalence of entry and exit ways for business and commercial establishments; whether school children walk adjacent to the street on their way to and from school; and the proximity of recreational or park areas, schools, community residences, family day care homes, child care centers, assisted living facilities, or senior communities.  Nothing in this paragraph shall substitute for traffic count, accident, and speed sampling data as appropriate.

   The driver of every vehicle shall, consistent with the requirements of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

   The Commissioner of Transportation shall cause the erection and maintenance of signs at such points of entrance to the State as are deemed advisable, setting forth the lawful rates of speed, the wording of which shall be within  the commissioner's discretion.

   Amended 1939, c.211; 1942, c.325,(1942, c.325 repealed 1946, c.8); 1951, c.23, s.55; 1983, c.227, s.2; 1993, c.315, s.2; 1997, c.415, s.1; 2009, c.258; 2019, c.5, s.4.

39 :4-98.7.  Speeding 20mph or more over limit; fines, certain; doubled
   6.   The fine for a motor vehicle offense shall be double the amount specified by law when traveling 20 miles per hour or more over the designated speed limit as set forth in R.S.39:4-98 , except as provided in subsection b. of section 1 of P.L.1993, c.332 (C.39:4-203.5) and subsection a. of section 5 of P.L.1997, c.415 (C.39:4-98.6).

39 :4-99.  Exceeding speed limitations;  speed specified in charge
    It shall be prima facie unlawful for a person to exceed any of the foregoing  speed limitations or any speed limitation in effect as established by authority  of section 39 :4-98 of this Title.

    In every charge of violation of section 39 :4-98 of this Title, the complaint  and the summons or notice to appear, shall specify the speed at which the  defendant is alleged to have driven and the speed which this article declares  shall be prima facie lawful at the time and place of the alleged violation.

39 :4-9.1.  Exchange of information between states concerning certain violations
    Whenever another State shall have enacted a law providing for reciprocal exchange thereof, the director, upon receiving a certificate of conviction of a  nonresident operator or chauffeur of a violation of the provisions of sections  39 :4-50, 39 :4-96, 39 :4-98 and 39 :4-129 of the Revised Statutes, or of notice of  the forfeiture of any bond or collateral given for such violation, shall  transmit forthwith, a certified copy of such record to the motor vehicle  administrator of the State wherein the person named in such record shall  reside.

39:3-20(b) Speeding (Commercial Vehicle)

 39:3-20(b) Speeding (Commercial Vehicle)

Fine or imprisonment for no more than 15 days or
Both per 39:4-104
fine $50 $200
Plus 3 car insurance points
39:3-20
Operating constructor vehicle in excess of 30 mph
3
More info at http://www.njlaws.com/speeding_and_radar.htm

39:3-20  Commercial motor vehicle registrations; fees.

39:3-20.  For the purpose of this section, gross weight means the weight of the vehicle or combination of vehicles, including load or contents.

a.The chief administrator is authorized to issue registrations for commercial motor vehicles other than omnibuses or motor-drawn vehicles upon application therefor and payment of a fee based on the gross weight of the vehicle, including the gross weight of all vehicles in any combination of vehicles of which the commercial motor vehicle is the drawing vehicle.  The gross weight of a disabled commercial vehicle or combination of disabled commercial vehicles being removed from a highway shall not be included in the calculation of the registration fee for the drawing vehicle.

Except as otherwise provided in this subsection, every registration for a commercial motor vehicle other than an omnibus or motor-drawn vehicle shall expire and the certificate thereof shall become void on the last day of the twelfth calendar month following the month in which the certificate was issued; provided, however, that the chief administrator may require registrations which shall expire, and issue certificates thereof which shall become void, on a date fixed by the chief administrator, which shall not be sooner than three months or later than 26 months after the date of issuance of such certificates, and the fees for such registrations or registration applications, including any other fees or charges collected in connection with the registration fee, shall be fixed by the chief administrator in amounts proportionately less or greater than the fees established by law.  The chief administrator may fix the expiration date for registration certificates at a date other than 12 months if the chief administrator determines that such change is necessary, appropriate or convenient in order to aid in implementing the vehicle inspection requirements of chapter 8 of Title 39 or for other good cause.  The minimum registration fee shall be as follows:

(1)In the case of vehicles other than trucks transporting ready-mixed concrete, asphalt, stone, sand, gravel, clay and cleanfill:

For vehicles not in excess of 5,000 pounds, $53.50.

For vehicles in excess of 5,000 pounds and not in excess of 10,000 pounds, $53.50 plus $11.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

For vehicles in excess of 10,000 pounds and not in excess of 18,000 pounds, $53.50 plus $13.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

For vehicles in excess of 18,000 pounds and not in excess of 50,000 pounds, $53.50 plus $14.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

For vehicles in excess of 50,000 pounds, $53.50 plus $15.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds; and

(2)In the case of trucks transporting ready-mixed concrete, asphalt, stone, sand, gravel, clay and cleanfill:

For vehicles not in excess of 5,000 pounds, $53.50.

For vehicles in excess of 5,000 pounds and not in excess of 18,000 pounds, $53.50 plus $11.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

For vehicles in excess of 18,000 pounds and not in excess of 50,000 pounds, $53.50 plus $12.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

For vehicles in excess of 50,000 pounds, $53.50 plus $13.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

b.The chief administrator is also authorized to issue registrations for commercial motor vehicles having three or more axles and a gross weight over 40,000 pounds but not exceeding 70,000 pounds, upon application therefor and proof to the satisfaction of the chief administrator that the applicant is actually engaged in construction work or in the business of supplying material, transporting material, or using such registered vehicle for construction work.

Except as otherwise provided in this subsection, every registration for these commercial motor vehicles shall expire and the certificate thereof shall become void on the last day of the twelfth calendar month following the month in which the certificate was issued; provided, however, that the chief administrator  may require registrations which shall expire, and issue certificates thereof which shall become void on a date fixed by the chief administrator, which shall not be sooner than three months or later than 26 months after the date of issuance of such certificates, and the fees for such registrations or registration applications, including any other fees or charges collected in connection with the registration fee, shall be fixed by the chief administrator in amounts proportionately less or greater than the fees established by law.  The chief administrator may fix the expiration date for registration certificates at a date other than 12 months if the chief administrator determines that such change is necessary, appropriate or convenient in order to aid in implementing the vehicle inspection requirements of chapter 8 of Title 39 or for other good cause.

The registration fee shall be $22.50 for each 1,000 pounds or portion thereof.

For purposes of calculating this fee, weight means the gross weight, including the gross weight of all vehicles in any combination of which such commercial motor vehicle is the drawing vehicle.

Such commercial motor vehicle shall be operated in compliance with the speed limitations of Title 39 of the Revised Statutes and shall not be operated at a speed greater than 45 miles per hour when one or more of its axles has a load which exceeds the limitations prescribed in R.S.39:3-84.

c.The chief administrator is also authorized to issue registrations for each of the following solid waste vehicles:  two-axle vehicles having a gross weight not exceeding 42,000 pounds; tandem three-axle and four-axle vehicles having a gross weight not exceeding 60,000 pounds; four-axle tractor-trailer combination vehicles having a gross weight not exceeding 60,000 pounds. Registration is based upon application to the chief administrator and proof to his satisfaction that the applicant is actually engaged in the performance of solid waste disposal or collection functions and holds a certificate of convenience and necessity therefor issued by the Department of Environmental Protection.

Except as otherwise provided in this subsection, every registration for a solid waste vehicle shall expire and the certificate thereof shall become void on the last day of the twelfth calendar month following the month in which the certificate was issued.

The registration fee shall be $50 plus $11.50 for each 1,000 pounds or portion thereof in excess of 5,000 pounds.

d.The chief administrator is also authorized to issue registrations for commercial motor-drawn vehicles upon application therefor.  The registration year for commercial motor-drawn vehicles shall be April 1 to the following March 31 and the fee therefor shall be $18 for each such vehicle.

At the discretion of the chief administrator, an applicant for registration for a commercial motor-drawn vehicle may be provided the option of registering such vehicle for a period of four years.  In the event that the applicant for registration exercises the four-year option, a fee of $64 for each such vehicle shall be paid to the chief administrator in advance.

If any commercial motor-drawn vehicle registered for a four-year period is sold or withdrawn from use on the highways, the chief administrator may, upon surrender of the vehicle registration and plate, refund $16 for each full year of unused prepaid registration.

e.It shall be unlawful for any vehicle or combination of vehicles registered under this act, having a gross weight, including load or contents, in excess of the gross weight provided on the registration certificate to be operated on the highways of this State.

The owner, lessee, bailee or any one of the aforesaid of a vehicle or combination of vehicles, including load or contents, found or operated on any public road, street or highway or on any public or quasi-public property in this State with a gross weight of that vehicle or combination of vehicles, including load or contents, in excess of the weight limitation permitted by the certificate of registration for the vehicle or combination of vehicles, pursuant to the provisions of this section, shall be assessed a penalty of $500 plus an amount equal to $100 for each 1,000 pounds or fractional portion of 1,000 pounds of weight in excess of the weight limitation permitted by the certificate of registration for that vehicle or combination of vehicles.  A vehicle or combination of vehicles for which there is no valid certificate of registration is deemed to have been registered for zero pounds for the purposes of the enforcement of this act, in addition to any other violation of this Title, but is not deemed to be lawfully or validly registered pursuant to the provisions of this Title.

This section shall not be construed to supersede or repeal the provisions of section 39:3-84, 39:4-75, or 39:4-76 of this Title.

f.Of the registration fees collected by the chief administrator  pursuant to this section for vehicles with gross vehicle weights in excess of 5,000 pounds, an amount equal to $3 per 1,000 pounds or portion thereof in excess of 5,000 pounds for each registration shall be forwarded to the State Treasurer for deposit in the Commercial Vehicle Enforcement Fund established pursuant to section 17 of P.L.1995, c.157 (C.39:8-75).  Moneys in the fund shall be used by the Department of Law and Public Safety and the Department of Transportation for enforcement of laws and regulations governing commercial motor vehicles.
Copyright 2016 Vercammen Law

Monday, July 20, 2020

39:4-128.1 Passing School Bus While Picking Up or Discharging

39:4-128.1 Passing School Bus While Picking Up or Discharging

First offense: Fine or imprisonment not exceeding 15 days or 15 days community
service, or both fine $100 -$1,000, 5 NJ MVC Points, plus court costs, plus 5 car insurance points and car insurance company can cancel policy

      Plus Judge Can Suspend DL for Willful Traffic Offense.

State v. Moran  202 NJ 311 (2010)
         The license suspension provision of N.J.S.A. 39:5-31, which is published in the Motor Vehicle Code of the New Jersey Statutes Annotated, is not “hidden,” and defendant, like all motorists, is presumed to know the law.  To ensure that license suspensions meted out pursuant to N.J.S.A. 39:5-31 are imposed in a reasonably fair and uniform manner, so that similarly situated defendants are treated similarly, the Court today defines the term “willful violation” contained in N.J.S.A. 39:5-31 and enunciates sentencing standards to guide municipal court and Law Division judges
    Subsequent offense: Fine or
imprisonment not exceeding 15
days, or both
$250 -$1,000
A Certified Municipal Court Law Attorney can probably plea bargain for a no point ticket. Very few attorneys in New Jersey have been able to pass the rigid test to be recognized by the Supreme Court as a Certified Municipal Court Law Attorney. Kenneth Vercammen is Certified Municipal Court Law Attorney recognized by the Supreme Court as a Certified Municipal Court Law Attorney.
www.njlaws.com/passing_school_bus.html?id=913&a=

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

39:4-128.1
School buses stopped for children, certain disabled persons, duty of motorists, bus driver; violations, penalties.
 
   1.   On highways having roadways not divided by safety islands or physical traffic separation installations, the driver of a vehicle approaching or overtaking a bus, which is being used for the transportation of children to or from school or a summer day camp or any school connected activity, or which is being used for the transportation of a person who has a developmental disability, and which has stopped for the purpose of receiving or discharging any child or a person who has a developmental disability, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child or person who has a developmental disability has entered said bus or has alighted and reached the side of such highway and until a flashing red light is no longer exhibited by the bus; provided, such bus is designated as a school bus by one sign on the front and one sign on the rear, with each letter on such signs at least four inches in height.

   On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle overtaking a school bus, which has stopped for the purpose of receiving or discharging any child or any person who has a developmental disability, shall stop such vehicle not less than 25 feet from such school bus and keep such vehicle stationary until such child or person who has a developmental disability has entered said bus or has alighted and reached the side of the highway and until a flashing red light is no longer exhibited by the bus.

   On highways having dual or multiple roadways separated by safety islands or physical traffic separation installations, the driver of a vehicle on another roadway approaching a school bus, which has stopped for the purpose of receiving or discharging any child, or any person who has a developmental disability shall reduce the speed of his vehicle to not more than 10 miles per hour and shall not resume normal speed until the vehicle has passed the bus and has passed any child who may have alighted therefrom or be about to enter said bus.

   For purposes of this section, "highway" means the entire width between the boundary lines of every way whether publicly or privately maintained when any part thereof is open to the public for purposes of vehicular travel.

   Whenever a school bus is parked at the curb for the purpose of receiving children directly from a school or a summer day camp or any school connected activity or discharging children to enter a school, or a summer day camp or any school connected activity, which is located on the same side of the street as that on which the bus is parked, drivers of vehicles shall be permitted to pass said bus without stopping, but at a speed not in excess of 10 miles per hour.

   Whenever a school bus is parked at the curb for the purpose of receiving or discharging a person who has a developmental disability on the same side of the street as that on which the bus is parked, drivers of vehicles shall be permitted to pass the bus without stopping, but at a speed not in excess of 10 miles per hour.

   The driver of a bus which is being used for the transportation of children to or from school or a summer day camp or any school connected activity, or for the transportation of a person who has a developmental disability shall continue to exhibit a flashing red light and shall not start his bus until every child who may have alighted therefrom shall have reached a place of safety.

   Any person who shall violate any provision of this act shall be subject to (1) a fine of not less than $100.00, (2) imprisonment for not more than 15 days or community service for 15 days in such form and on such terms as the court shall deem appropriate, (3) or both for the first offense, and a fine not less than $250.00, imprisonment for not more than 15 days, or both for each subsequent offense. The penalties shall be enforced and recovered pursuant to the provisions of chapter 5 of Title 39 of the Revised Statutes.  There shall be a rebuttable presumption that the registered owner of the vehicle, which was involved in the violation of this section, was the person who committed the act. Any person who suppresses, by way of concealment or destruction, any evidence of a violation of this section or who suppresses the identity of the violator shall be subject to a fine of $100.

   The Chief Administrator of the Motor Vehicle Commission may also revoke the license to drive a motor vehicle of any person who shall have been guilty of such willful violation of any of the provisions of this act as shall, in the discretion of the chief administrator, justify such revocation, but the  chief administrator shall, at all times, have power to validate such a license which has been revoked, or to grant a new license to any person whose license to drive a motor vehicle shall have been revoked pursuant to this act.

      Kenneth Vercammen’s office represents persons charged with Serious Traffic offenses. Criminal and Motor vehicle violations are expensive.  If convicted, you will have to pay high fines in court, face probation, and other serious penalties that may effect future employment.
When your job or driver's license is in jeopardy or you are facing thousands of dollars in penalties you need excellent legal representation. The cheap attorney is never the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter.
Our website www.njlaws.com provides details on jail terms for criminal offenses and other traffic matters. Call the Law Office of Kenneth Vercammen a to schedule a free in-office consultation to hire a trial attorney for Criminal/ DWI/ Municipal Court Traffic/ Drug offenses.  Please call us to schedule an appointment if you need experienced legal representation in a criminal matter. Save this letter for future reference.
       Kenneth Vercammen, Certified Criminal Trial Attorney
       Past NJSBA “Municipal Court Attorney of the Year”
Former Prosecutor of Cranbury Municipal Court
and co-Author of: ABA  "Handling Drug and DWI Cases."
Celebrating 30+ years of providing excellent service to clients since 1985. We fight to win!
For information on points, fines, jail and suspension for this violation, go to KennethVercammen.com/traffic_minimum_penalties.htm
KENNETH VERCAMMEN, ESQ
Certified Municipal Court Law Attorney by the Supreme Court of NJ
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
 Copyright 2018 Vercammen Law
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
www.njlaws.com

Monday, July 06, 2020

Points on Traffic Tickets Special Report

Points on Traffic Tickets Special Report

The following are MVC points for NJ Motor Vehicle violations.


VIOLATIONPOINTS

39:3-20 Operating Constructor vehicle in excess of 30 mph
            3

39:4-14.3 Operating motorized bicycle on restricted highway
            2

39:4-14.3d More than 1 person on a motorized bicycle.
            2

39:4-35 Failure to yield to pedestrian in crosswalk
            2

39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk
            2

39:4-41 Driving through safety zone.
            2

39:4-52 Racing on Highway
            5

39:4-55 Improper action or omission on grades and curves
            2

39:4-57 Failure to observe directions of officer.
            2

39:4-66 Failure to stop before crossing sidewalk
            2

39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway
            2

39:4-66.2 Driving on private property to avoid traffic signal or stop sign
            2

39:4-71 Improper driving on sidewalk
            2

39:4-80 Failure to obey direction of officer
            2

39:4-81 Failure to observe traffic signal
            2

39:4-82 Failure to keep right
            2

39:4-82.1 Improper operating of vehicle on divided highway or divider
            2

39:4-83 Failure to keep right at intersection
            2

39:4-84 Failure to pass right of vehicle proceeding in opposite direction
            5

39:4-85 Improper passing on right or off roadway
            4

39:4-85.1 Wrong way on one-way street
            2

39:4-86 Improper passing, in "No Passing" zone
            4

39:4-87 Failure to yield to overtake vehicle
            2

39:4-88 Failure to observe traffic lanes
            2

39:4-89 Tailgating
            5

39:4-90 Failure to yield at intersection
            2

39:4-90.1 Failure to use proper entrances to limited access highway
            2

39:4-91  Failure to yield to emergency vehicle
            2

39:4-96 Reckless driving                                
            5

39:4-97 Careless driving
            2

39:4-97a Destruction of agricultural or recreational property
            2
39:4-97.2 3rd offense

39:4-97.1 Slow speed blocking traffic                 
       
            4     
            2

39:4-98 or Speeding up to 14mph above limit
            2

39:4-99 Speeding 15-29 mph above limit
            4

Speeding 30 mph or more above limit
            5

39:4-105 Failure to stop at traffic light
            2

39:4-115 Improper turn at traffic light
            3

39:4-119 Failure to stop at flashing red signal
            2

39:4-122 Failure to stop for police whistle
            2

39:4-123 Improper right or left turn
            3

39:4-124 Improper turn: from approved turning course
            3

39:4-125 Improper u-turn
            3

39:4-126 Failure to give proper signal
            2

39:4-127 Improper backing or turn in street
            2

39:4-127.1 Improper crossing of railroad grade crossing
            2

39:4-127.2 Improper crossing of bridge
            2

39:4-128 Improper crossing of railroad grade crossing by certain vehicles
            2

39:4-128.1 Improper passing of school bus
            5

39:4-128.4 Improper passing of frozen dessert truck
            4

39:4-129 Leaving scene of accident- No injuries
            2

39:4-129 Personal Injury
            8

39:4-144 Failure to observe of stop or yield signs
            2

39:5D-4 Moving violation out-of-state
            2

27:23-29 Moving against traffic-NJ Tpke. Turnpike, Garden State Pkwy. and Atlantic City Expressway
            2

27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
            4

27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy. and Atlantic City Expressway
            2


KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500

www.njlaws.com

http://www.njlaws.com/dmv_and_points.htm

Sunday, April 12, 2020

Municipal Court Plea by Mail Rules to Remove Undue Hardship Requirement, increases ability for attorney to appear on your behalf effective March 16, 2020

Supreme Court Order - Relaxing Municipal Court Plea by Mail Rules to Remove Undue Hardship Requirement, increases ability for attorney to appear on your behalf effective March 16, 2020 
  Defense by Affidavit or Certification Program - We Go to Court if you don't want to go in Metuchen, Edison, East Brunswick, Woodbridge, North Brunswick, South Brunswick, Milltown
DEFENSE BY AFFIDAVIT OR CERTIFICATION PROGRAM - WE GO TO COURT IF YOU LIVE OUT OF AREA OR CANNOT APPEAR FOR COURT
The SUPREME COURT OF NEW JERSEY Order states in part
In response to the growing public health crisis worldwide and in this state involving the COVID-19 coronavirus, the New Jersey Judiciary is implementing all possible measures to apply social distancing in current court operations consistent with the recommendations of the New Jersey Department of Health and the Centers for Disease Control. 
Accordingly, it is ORDERED, pursuant to N.J. Const., Art. VI, sec. 2, par. 3, that effective immediately and until further order, the provisions of Rule 7:6-3 and Rule 7:12-3 of the Rules Governing the Courts of the State of New Jersey are supplemented and relaxed so as to remove the "undue hardship" requirement….
Therefore, we can go to court for you while you stay home. 

Our office helps people with traffic/ municipal court tickets. We provide representation on most Central New Jersey traffic cases. Motor vehicle violations and criminal charges can cost you. If you plead guilty by mail for almost all traffic tickets, in addition to fines you will later receive points on your driver’s license. Both the DMV and your car insurance company will impose surcharges and eligibility points for three years.
If you live out of New Jersey or will be traveling outside of New Jersey, contact our Law Office regarding us providing representation under the Defense by Certification Rule.
Under the New Jersey Court Rules, a New Jersey Attorney can negotiate with the Municipal Court Prosecutor to attempt to reduce points, obtain dismissal of some tickets and provide other assistance. By reducing points and penalties you can reduce increases in your car insurance and surcharges.
An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. Division of Motor Vehicles or have your license suspended. Don't give up! We can appear in court for you on most Central New Jersey traffic violations.
The following are tickets we have handled without our clients having to appear because they were not available. Our attorneys can appear on your behalf without you having to go to court on the following matters: 
Violation                      Points 
39:3-20 Operating constructor vehicle in excess of 45 mph 3
 39:4-14.3 Operating motorized bicycle on restricted highway 2
 39:4-14.3d More than 1 person on a motorized bicycle. 2
 39:4-35 Failure to yield to pedestrian in crosswalk. 2
 39:4-36 Failure to yield to pedestrian or passing a vehicle yielding to pedestrian in crosswalk 2
 39:4-41 Driving through safety zone. 2
 39:4-52 Racing on Highway 5
 39:4-55 Improper action or omission on grades and curves 2
 39:4-57 Failure to observe directions of officer. 2
 39:4-66 Failure to stop before crossing sidewalk 2
 39:4-66.1 Failure to yield to pedestrians or vehicles while entering or leaving highway 2
 39:4-66.2 Driving on private property to avoid traffic signal or stop sign 2
 39:4-71 Improper driving on sidewalk 2
 39:4-80 Failure to obey direction of officer 2
 39:4-81 Failure to observe traffic signal 2
 39:4-82 Failure to keep right 2
 39:4-82.1 Improper operating of vehicle on divided highway or divider 2
 39:4-83 Failure to keep right at intersection 2
 39:4-84 Failure to pass right of vehicle proceeding in opposite direction 5
 39:4-85 Improper passing on right or off roadway 4
 39:4-85.1 Wrong way on one-way street 2
 39:4-86 Improper passing, in No Passing zone 4
 39:4-87 Failure to yield to overtake vehicle 2
 39:4-88 Failure to observe traffic lanes 2
 39:4-89 Tailgating 5
 39:4-90 Failure to yield at intersection 2
 39:4-90.1 Failure to use proper entrances to limited access highway 2
 39:4-91, Failure to yield to emergency vehicle 2
 39:4-96 Reckless driving 5
 39:4-97 Careless driving 2
 39:4-97a Destruction of agricultural or recreational property 2
 39:4-97.1 Slow speed blocking traffic 2
 39:4-98 or Speeding up to 14mph above limit 2
 39:4-99 Speeding 15-29 mph above limit 4
 Speeding 30 mph or more above limit 5
 39:4-105 Failure to stop at traffic light 2
 39:4-115 Improper turn at traffic light 3
 39:4-119 Failure to stop at flashing red signal 2
 39:4-122 Failure to stop for police whistle 2
 39:4-123 Improper right or left turn 3
 39:4-124 Improper turn: from approved turning course 3
 39:4-125 Improper u-turn 3
 39:4-126 Failure to give proper signal 2
 39:4-127 Improper backing or turn in street 2
 39:4-127.1 Improper crossing of railroad grade crossing 2
 39:4-127.2 Improper crossing of bridge 2
 39:4-128 Improper crossing of railroad grade crossing by certain vehicles 2
 39:4-128.1 Improper passing of school bus 5
 39:4-128.4 Improper passing of frozen dessert truck 4
 39:4-129 Leaving scene of accident- No injuries 2
 39:4-129 Personal Injury 8
 39:4-144 Failure to observe of stop or yield signs 2
27:23-29 Moving against traffic-NJ Tpke., Garden State Pkwy. 
27:23-29 Improper passing-NJ Tpke., Garden State Pkwy. and 4
 27:23-29 Unlawful use of median strip-NJ Tpke., Garden State Pkwy.   2

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

It is FURTHER ORDERED that defendants completing plea by mail forms currently in use by municipal courts need not complete the sections pertaining to undue hardship and judges should disregard these sections of the forms. 
It is FURTHER ORDERED that all other provisions of Rule 7:6-3 and Rule 7:12-3 regarding pleas by mail in the municipal courts shall remain in effect, including as to the types of cases permitted. 


Upon request, we provide all potential clients with :
1. Our Written Agreement to Provide Municipal Court Legal Services 2. Municipal Court Information Sheet
We request all potential clients fill out the Municipal Court Information Sheet and return to our office immediately. You also need to fax or mail us: 1. Copies of the ticket and any hearing notice. 2. A check or money order. You can also pay by Visa, Master Charge or American Express over the phone and by fax. You should keep the Agreement to Provide Legal Services for your records. Once we receive the fee paid we will prepare a Letter of Representation to the Court, Prosecutor and you. We recommend our clients meet with us once prior to the court date.
After we are retained [paid], we will draft the Defense by Certification for our client. The Certification will need: 1 - Municipal Court Name 2 - Traffic Ticket Summons 3 - Statute 4 - Name of Offense 5 - Defendants Address
In our detailed Court Certification, the client will need to indicate to the court the following: It would be an undue hardship for me to appear in person for trial. I understand my right to a reasonable postponement and waive my right to be present at the trial. I understand that if I plead NOT GUILTY, the judge will hear the testimony of the complainant or other witnesses. If I plead GUILTY, the judge may hear such testimony. I agree to abide by the judgment of the court. I understand that if convicted, for other than a parking offense, a record of same will be sent to the Division of Motor Vehicles, which issued my license.
Our client authorizes us to enter a plea to a lower point violation. Our Law Office will prepare the Defense by Certification and mail it to our client.
Our clients must read the Defense by Certification carefully. If you need to make any changes, make the changes in ink on the form directly. You must immediately sign in front of a notary and return it to our office. If the hearing date is less than 10 days away, we recommend you send the signed Certification by Federal Express or UPS.
CALL THE COURT AFTER THE HEARING DATE
On the day of the court session or next morning, you should call the court directly to determine the specific reduced charge and the total fine and cost. You should also ask the court who your check should be made payable to and the address for mailing. Do not call our office since we do not have complete details on fines and addresses. You must pay the complete fines within 5 days. Fees. Fees can be paid by VISA, Master Card, American Express, check, money order or cash. Make checks payable to Kenneth Vercammen PC.
Representation/ What We will do for you in Defense by Certification Case. We will review and research necessary statutes and caselaw, contact the prosecutor, prepare defenses and determine mitigating factors.
1. Telephone consultation with client; 2. Office consultation with client, if requested; 3. Offer sound legal advice to client, plus access to our legal info website NJLaws.com 4. Preparation of letter of representation to Municipal Court; 5. Preparation of letter of representation to Municipal Court Prosecutor; 6. Preparation of statement to provide legal services; 7. Copies of all correspondence to Court and Prosecutor to client; 8. Opening of file. If client comes to our office, they may have a free client case folder, Municipal Court brochure, DMV points brochure, and Website brochure; 9. Review of necessary statutes and case law; 10. Draft Defense by Certification Pleading 11. Mail or fax Defense by Certification Pleading to client 12. Miscellaneous correspondence, preparation and drafting of pleadings and legal documents in contested serious cases; 13. Review documents supplied by client and court; 14. Travel to Municipal Court; 15. Negotiations with the Prosecutor and Representation in Municipal Court. 16. Preparation of End of Case Letter and client questionnaire. 17. Free Brochures provided on other legal topics such as Workers Comp, Wills, Personal Injury 18. Free subscription to monthly e-mail newsletter. Provide your email address. 19. Follow up telephone advice [If you call, provide the specific questions with the message]. 20. Invitation to client socials/ seminars and Community events via email. 21. Hold and maintain file for seven years in storage as free client service.
Other Legal Services Available. You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. Additional services or work must be paid for. Without such agreements, the Law Firm is not required to do any additional work or any of the following: (a) Provide any legal services after the decision of the trial court; (b) Appeal any decisions of the trial court or make additional appearances after appearing in Court; (c) provide other legal services or advice not set forth above; or (d) Represent you in any other court or Tribunal
Your Responsibility- Please read carefully and follow instructions to help us help you
1.                                                                                                                                                                                                                                                     You must fully cooperate with the Law Firm and provide all information relevant to the issues involved in this matter. This includes providing details on what you told the police and court. 2 You must notify the court and the law office immediately if your address or phone numbers change. 3 Under the NJ Rules of Professional Conduct and Court Rules, we cannot send a letter of representation to the court until the Retainer is paid. All fees and requirements under this written retainer agreement and any other written documents must be complied with. Failure to comply with all requirements shall permit the law office to withdraw its offer of representation. The Law Firm will also withdraw at your request. You must advise our office and the Court in writing. 4 Pay your fines immediately. 5. If you call, you must provide your questions to our receptionist
Source (R. 7:12-3 and R. 7:6-3


7:6-3. Guilty Plea by Mail in Non-Traffic Offenses 
§(a) Entry of Guilty Plea by Mail. In all non-traffic and non-parking offenses, except as limited below, on consideration of a written application, supported by certification, with notice to the complaining witness and prosecutor, and at the time and place scheduled for trial, the judge may permit the defendant to enter a guilty plea by mail if the court is satisfied that a personal appearance by the defendant would constitute an undue hardship such as illness, physical incapacity, substantial distance to travel, or incarceration. The guilty plea by mail form may also include a statement for the court to consider when determining the appropriate sentence. A guilty plea by mail shall not be available for the following: 
·       · (1) cases involving the imposition of a mandatory term of incarceration on conviction, unless defendant is currently incarcerated and the mandatory term of incarceration would be served concurrently and would not extend the period of incarceration; 
·       · (2) cases involving an issue of the identity of the defendant; 
·       · (3) cases involving acts of domestic violence; 
·       · (4) cases where the prosecution intends to seek the imposition of a custodial 
term in the event of a conviction, unless defendant is currently incarcerated and the proposed term of incarceration would not extend the period of incarceration and would be served concurrently; and 
·       · (5) any other case where excusing the defendant's appearance in municipal court would not be in the interest of justice. 
·       · (b) Plea Form-Certification. The Guilty Plea by Mail shall be submitted on a form approved by the Administrative Director of the Courts. 
§(c) Judgment. The court shall send the defendant and complaining witness a copy of its decision by ordinary mail. 
Note: Adopted June 15, 2007 to be effective September 1, 2007. 

7:12-3. Pleas of Not Guilty and Pleas of Guilty by Mail in Certain Traffic or Parking 
Offenses
(a) Use of Pleas by Mail; Limitations. Use of Pleas by Mail; Limitations. In all traffic or parking offenses, except as limited below, the judge may permit the defendant to enter a guilty plea by mail, or to plead not guilty by mail and submit a written defense for use at trial, if a personal appearance by the defendant would constitute an undue hardship such as illness, physical incapacity, substantial distance to travel, or incarceration. The Administrative Director of the Courts may designate certain traffic or parking offenses as exempt from the hardship requirement. This procedure shall not be available in the following types of cases: 
(1) traffic offenses or parking offenses that require the imposition of a mandatory loss of driving privileges on conviction; 
(2) traffic offenses or parking offenses involving an accident that resulted in personal injury to anyone other than the defendant; 
(3) traffic offenses or parking offenses that are related to non-traffic matters that are not resolved; 
(4) any other traffic offense or parking offense when excusing the Defendant's appearance in municipal court would not be in the interest of justice. 
(b) Plea of Guilty by Mail. 
(1) In those cases where a defendant may enter a plea of guilty to a traffic offense or parking offense by mail, such plea shall include: 
(A) an acknowledgement that defendant committed the traffic violation or parking offense set forth in the complaint(s); 
(B) a waiver of the defendant's right to contest the case at a trial, the right to appear personally in court and, if unrepresented by an attorney, the right to be represented by an attorney; 
(C) an acknowledgement by the defendant that the plea of guilty is being entered voluntarily; 
(2) A plea of guilty to a traffic offense or parking offense by mail may also include a statement for the court to consider when determining the appropriate sentence. 
(c) Plea of Not Guilty by Mail 
(1) In those cases where a defendant may enter a plea of not guilty to a traffic offense or parking offense and submit any defense to the charge(s) by mail, such not guilty plea and defense shall include the following: 
(A) A waiver of the defendant's right to appear personally in court to contest the charge(s) and, if unrepresented by an attorney, a waiver of the right to be represented by an attorney; 
court to consider; 
(B) Any factual or legal defenses that the defendant would like the 
(2) A defense to a traffic offense or parking offense submitted by mail may also include a statement for the court to consider when deciding on the appropriate sentence in the event of a finding of guilty. 
(d) Forms. Any forms necessary to implement the provisions of this rule shall be approved by the Administrative Director of the Courts. 
(e) Judgment. If a defendant elects to enter a plea of guilty or to enter a plea of not guilty under the procedures set forth in this rule, the court shall send the defendant a copy of the judgment by ordinary mail. 
Note: Source - R. (1969) 7:6-6. Adopted October 6, 1997 to be effective February 1, 1998; caption amended, paragraph (a) caption and text amended, former paragraph (b) amended and redesignated as paragraph (c), and new paragraph (b) adopted July 28, 2004 to be effective September 1, 2004; caption of rule amended, captions and text of former paragraphs (a) and (b) deleted, former paragraph (c) redesignated as paragraph (e) and amended, and new paragraphs (a), (b), (c), and (d) adopted June 15, 2007 to be effective September 1, 2007; paragraph (a) amended July 16, 2009 to be effective September 1, 2009; paragraph (a) amended July 9, 2013 to be effective September 1, 2013.