NJ LAWS NEWSLETTER E551
E551 Recent cases 1. Driver can be charged with criminal driving while suspended if they had prior refusal and prior DWI. 2. Ordinary police video not subject to OPRA. 3. November 6th- -The Westin Excelsior Rome Tuesday, 8:30-9:45 4. Sayreville Library Wills & Power of Attorney Seminar November 13
1. Driver can be charged with criminal driving while suspended if they had prior refusal and prior DThe court finds that the plain language of N.J.S.A. 2C:40-26(b), the fourth-degree offense of driving while suspended, includes both driving while under the influence (DWI), N.J.S.A. 39:4-50, and refusal to submit to breath testing (refusal), N.J.S.A. 39:4-50.4a. They are predicate offenses even where the prior conviction history consists of one conviction under the separate sections of the Motor Vehicle Code. In other words, one DWI and one refusal suffice for the criminal offense of driving while suspended.
2. Ordinary police video not subject to OPRA. Paff v. Ocean County Prosecutor's Office.The Court reverses the judgment of the Appellate Division panel, concurring with the panel's dissenting judge that the MVR recordings were not "required by law" within the meaning of N.J.S.A. 47:1A-1.1, that they constitute criminal investigatory records under that provision, and that they are therefore not subject to disclosure under OPRA. The Court agrees with the panel's conclusion that the recordings are not within OPRA's "investigations in progress" provision, and that OPRA's privacy clause does not exempt the recordings from disclosure. The Court remands the matter to the trial court for consideration of plaintiff's claim of a common-law right of access to the MVR recordings.
3. November 6th- -The Westin Excelsior Rome Tuesday, 8:30-9:45Ethics in Your Practice Rome Italy [Learn how to make more money by ethically marketing your practice... and staying ethically compliant!]
Like a great opera, avoiding ethics and malpractice issues your practice requires talent and finesse. This program will help you stay in tune so that you don't become la Traviata - the fallen one.
Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year
Kenneth Vercammen & Associates, PC, Edison
Steven L. Menaker, Esq.
Thomas H. Prol, Esq, Past NJSBA President
Laddey Clark & Ryan, LLP, Sparta
Daniel Rosner, Esq. Past NIAJ President
Rosner Law Offices, PC, Vineland
The Westin Excelsior Rome- Boncompagni room
4. Sayreville Library Wills & Power of Attorney Seminar November 13- 6:30pmOpen to the public. You don't have to be a Sayreville resident to attend.
Sayreville Public Library 1050 Washington Road Parlin NJ 08859
Nov 15 NJAJ Meadowlands Seminar 2018
Hilton Meadowlands Hotel
East Rutherford, NJ
5. Fun Upcoming Running Races & Charity events participated by Kenneth VercammenNovember 17 Manasquan Turkey Run 5-mile 11am party at taverns after race discount beer co sponsor Wakefern Shoprite jsrc.org Manasquan Little League Field, Manasquan New Jersey
November 18 Gobbler Express Train Run, Asbury Park, not a race. Get on train in Asbury, go south and get off either Bradley, Belmar or Spring Lake, then run back 2,4, or 6 miles, Post Run social at Johnny Mac's Located at 208 Main Street in Asbury Park - Across from Train Station Sunday co sponsor Wakefern Shoprite jsrc.org
November 23 Born to Run 5 mile Freehold 11am Friday great Freehold FARC event
November 24 Crazy Eddie Memorial Hash run- not a race, trail hash with beverage stops Saturday Rumson Hasher HHH
November 25 Navesink Challenge 15k & 5k 10am 10:10 for 5k Post race at Red Bank Elks [Ken V runs 5k]
December 1 Big Chill 5k Rutgers New Bruns 9:05
December 2 Jingle Bell Run for Arthritis 5k run 9:30 Metuchen NJ
December 8 St. Paul 5k at North Brunswick Community Park off Rt 130 9am to benefit St. Paul Milltown
then just mark Mystery Trail South B
December 9 Toys for Tots 5K 10am Freehold NJ Tighe Park Sunday
December 16 Sunday 10:00am - Hoboken Jingle Bell 5k in Hoboken
If you are attending any of these charity races, please call or email Ken V. at [email protected] Often we car pool from East Brunswick /Edison or meet at these events. I update this list at http://vercammensport.blogspot.com/