Traffic Law and Municipal Court- Kenneth Vercammen Edison NJ: March 2023

E660 VercammenLaw New

1. Congratulations to winner of the 2023 Municipal Court Practice Award Middlesex County Bar Prosecutor

2. Arrested at the St. Patrick’s Parade?

3. Upcoming Running Races for Charity

1. Congratulations to winner of the 2023 Municipal Court Practice Award Middlesex County Bar Prosecutor Lorraine Nielson

Lorraine currently serves as prosecutor for East Windsor in Mercer County and Milltown, East Brunswick, North Brunswick, and Woodbridge in Middlesex County.

Previous Municipal Court Practice Award Winners

Dave Spevack 2022

· Joseph S. Surman, Jr. - 2021

· Mark J. Cintron - 2020

Robert Adochio - 2019
Edward P. Shamy, Jr. - 2018
Tara Auciello - 2017
Joseph Lombardi – 2016
Jay Ziznewski - 2015
Renee Anthony (in memoriam) – 2014
James P. Durek – 2013
William G. Brigiani – 2012
Jeremy Solomon – 2011
Joshua Altman – 2010
Peter J. Hendricks – 2009
Kenneth A. Vercammen – 2008
James E. Trabilsy – 2007
Peter H. Lederman – 2006

2. Arrested at the St. Patrick’s Parade?

Penalties if arrested

Over 100 police and law enforcement will be out at parades to charges persons for drunk & disorderly matters.

Disorderly person criminal offenses- ex Simple Assault, shoplifting & cases in Municipal Court

Jail 2C: 43- 8 jail 6-month maximum max; probation 1-2 years community service 180 days maximum

mandatory costs, VCCB and other penalties

Disorderly- fines: 2C: 43- 3 $1,000 Fine maximum

There are dozens of other penalties a court can impose, depending on the type of matter.

More info at https://www.blogger.com/blog/post/edit/6420448491658025618/2354841753249276313

2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:

(1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(2)Negligently causes bodily injury to another with a deadly weapon; or

(3)Attempts by physical menace to put another in fear of imminent serious bodily injury.

• Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

Resisting Arrest

It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest. Often a crime of the fourth degree.

Indictable Crime Penalties [Felony type] [ Superior Court]

• Jail potential Fine max Probation

• 1^st degree 10- 20 years $200,000 [presumption of jail]

• 2^nd degree 5-10 years $150,000 [presumption of jail]

• 3^rd degree 3- 5 years $15,000 1 year- 5 year

• 4^th degree 0- 18 months $10,000 1 year- 5 year

Hindering Apprehension or Prosecution (2C:29-3)

A person commits an offense if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.

• Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.

Disorderly conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he

(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or

(2) Creates a hazardous or physically dangerous condition by any act, which serves no legitimate purpose of the actor.

b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.

“Public” means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.

Petty Disorderly person - 30 days jail maximum

Petty DP $500 max Fine, VCCB and other penalties

Sometimes an experienced attorney can negotiate with the prosecutor to have the charges reduced to a Municipal Ordinance. Other times for first offenders we can make a motion for the first offenders program, Conditional dismissal.

Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition (2C: 35-10)

It is a criminal offense for any person knowingly or purposely, to obtain, or to possess actually or constructively, a controlled dangerous substance or controlled substance analog [other than weed].

• Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.

Drug offenses: in addition to above penalties, mandatory minimum $500 DEDR penalty, mandatory lab fee and other court costs over $200, Probation, drug testing and other penalties. If attorney’s PTI/ Conditional Discharge motion is granted for first time offender. penalty can be reduced. In certain indictable drug cases, the fine can be up to $75,000.

2C:33-15 Possession, consumption of alcoholic beverages by persons under legal age; penalty

Jail 2C: 43- 8 potential jail 6 month max; probation 1-2 years max

community service 180 days maximum

Disorderly- fines: $500- $1,000 Fine maximum under 2C: 43- 3

plus mandatory costs, VCCO and other penalties

33:1-81 Underage drinking and Misrepresenting age to induce sale or delivery to minor

fine 500-1,000, court costs and other penalties

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 took a law class in school. When your life and career is on the line, hire the best attorney available.

Kenneth Vercammen’s Law Office represents people charged with criminal and Municipal Court 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. We also help represent persons who are injured at bars and restaurants.

3.Upcoming Running Races for Charity

3/18 Bar A Kilt 2 Mile Run/Walk 10am, Sat March 18, 2023

https://runsignup.com/Race/NJ/LakeComo/BarAKiltRunWalkParty?rsus=100-200-a54891f7-ee0c-4330-aa92-77ce2eacf7ff

3/19 St. Paddy’s 5 mile 10:30am Freehold great FARC event Dress warm FARC is a 501(c) 3 not for profit organization. which typically donate over $25,000 each year to local charities. farcnj.com

4/1 Asbury Park 5k

4/29/23 Lake Como 5k Sat 10am Starts at Bar A

https://runsignup.com/Race/NJ/LakeComo/JSRCLakeComo5K

4/30 Tour de Franklin, Franklin Food Bank 62 mile & 40-mile bike 62 Mile Metric Century or 40 Mile Starts at Franklin High School http://www.franklinfoodbank.org/events

5/7 Myrtle beach 5k

May 13 Monmouth Beach 5k 9:00am

https://www.raceforum.com/mbpto

5/14 Hook

5/20 NJ Sharing Network 5k Long Branch 8:30am

http://events.njsharingnetwork.org/site/TR?fr_id=1170&pg=entry&_ga=2.71758486.447024089.1646947804-337008286.1646947804

5/20 Como Commotion By The Ocean Rumson Hash- at The Windjammer. Seaside Park hash Run starts at 10:17am

5/28 Spring Lake Five Mile Run Saturday 8:30am then free food at Bar A.

5/29 Navesink 1.2-mile swim 8:15 AM

https://raceforum.com/navesink

5/30 North Brunswick Memorial Day 5k 8:30am North Brunswick Community Park Route 130 South

https://runsignup.com/Race/NJ/NorthBrunswick/NB5K