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E568 In this issue: 1. Reduced DL suspension for DWI 2. Recent Cases: Police False Promise

NJ LAWS EMAIL NEWSLETTER E568 Kenneth Vercammen, Attorney at Law September 18, 2019 E568 In this issue: 1. Reduced DL suspension for DWI with New Expanding Use of Ignition Interlock Devices. 2. Recent Cases: Police False Promise of no Jail and Leniency Required Suppression of Confession State v. L.H. 3. Webinar: Estate Planning for the "Difficult" Adult Child - How to Plan in Cases of Addicted, Perpetually Out of Work and Unhappily Married Children. 4. Free Community Events. 5. Fun Upcoming Running Races & Charity Events Participated by Kenneth Vercammen- Ken V is running 60 races in 2019.

  1. Reduced DL suspension for DWI with New Expanding Use of Ignition Interlock Devices. On 8/23/2019 new laws signed expanding the use of ignition interlock device for those convicted of drunk driving offenses and of refusing breath tests. The legislation (S824) also reduces the length of license suspension and forfeitures for these offenses. This is the most significant change to DWI law in 40 years. This law requires that first time offenders install ignition interlock devices (IID), at a cost to the offender. IIDs and suspensions from then on are based upon the severity of the offense.

First-time offenders with BAC of: 0.08 to 0.10 - must install ignition interlock at own cost, use for six months. License suspension of 30 days.

0.10 to 0.15 - must install ignition interlock at own cost, use for six months to a year. License suspension of 45 days.

Higher than 0.15 - must install ignition interlock at own cost, use for one year to 18 months. License suspension of 90 days. Mandatory interlock for refusal School zone DWI eliminated

Drunk Driving - New Law effective December 2019 For a first offense of drunk driving, the offender's driver's license is to be forfeited until an IID is installed in one motor vehicle owned, leased, or principally operated by the offender, whichever the person most often operates. If the offender's blood alcohol concentration (BAC) was 0.08% or higher, but less than 0.10%, or the offender was convicted of operating a motor vehicle while under the influence of intoxicating liquor without a BAC reading, the current three-month license forfeiture is replaced with mandatory IID installation for three months; If the offender's BAC was 0.10% or higher, but less than 0.15%, the current license forfeiture of seven months to one year is replaced with the requirement that an IID is to be installed for seven months to one year; If the offender's BAC was 0.15% or more, the current license forfeiture of seven months to one year is replaced by four to six months license forfeiture and an IID is to be installed during the period of license forfeiture, as well as for not less than nine months or more than 15 months after the period of license forfeiture. For second drunk driving offenses, the current driver's license forfeiture is two years and for third and subsequent offenses, the forfeiture is for 10 years; the IID requirement is for one to three years. Under the new law, license forfeiture is reduced to one to two years for second time offenders and to eight years for third and subsequent offenders; the requirement that IID be installed in one motor vehicle owned, leased, or principally operated by the offender, whichever the person most often operates, is increased to two to four years. The license forfeiture period for first-time offenders of driving under the influence of drugs is not changed by the substitute. Further, installation of an IID is not required for first offenses of drugged driving. The provision establishing enhanced penalties for a conviction of driving while intoxicated in a school zone is removed.

Refusing a Breath Test For a first offense, the committee substitute requires the offender's license to be forfeited until the person installs an IID in one motor vehicle owned, leased, or principally operated by the person, whichever the person most often operates, rather than requiring the current seven months to one year. The IID is to remain installed during the license forfeiture and for the following nine to 15 months. For a second offense, the bill decreases the period of license forfeiture from the current two years to one to two years. The offender's license is to be forfeited until an IID is installed and is to remain installed for two to four years. For a third or subsequent offense, the committee substitute decreases the license forfeiture from the current 10 years to eight years. An IID would be required during the license forfeiture and remain installed for two to four years. The provision establishing enhanced penalties for a conviction of refusing to submit to a breathalyzer occurring in a school zone is removed. The new DWI, refusal and interlock laws will be addressed at the NJ Bar seminar Handling Drug, DWI and Serious Cases in Municipal Court Seminar October 7, 2019 5:30PM-9:05PM NJ Law Center, New Brunswick, NJ Reserve now before sold out. Seminar ISBN :ON150718 https://tcms.njsba.com/PersonifyEbusiness/Default.aspx?TabID=1607&productid=37948443

  1. Recent Cases: Police False Promise of no Jail and Leniency Required Suppression of Confession State v. L.H. The State failed to prove beyond a reasonable doubt that, under the totality of the circumstances, defendant's statement was voluntary. Defendant may withdraw his guilty plea. The failure to record the identification procedure as required by Delgado requires a remand to allow defendant the benefit of a hearing to inquire into the reliability of the identification and any other remedy deemed appropriate by the trial court. (A-59-17)

  2. Webinar: Estate Planning for the "Difficult" Adult Child - How to Plan in Cases of Addicted, Perpetually Out of Work and Unhappily Married Children. Location: Online or NJ Law Center One Constitution Square New Brunswick, NJ 08901 [next to Rutgers Cook campus] Date: October 10, 2019 Time: 12:00 PM - 1:40 PM ET Estate planning is rife with delicate situations. As lawyers, it is our job to be "gloom and doom in the room." We need to ask the hard questions and plan for the worst case scenarios. This can be especially difficult in estate planning, since it involves leaving hard-earned assets to cherished and beloved relatives. If we are going to protect those assets as we are hired to do, we must ask the tough questions, including questions about the ability of the testator's children to take care of themselves after our client dies. Join us as experts discuss how to plan for adult children who present especially difficult situations. Seasoned attorneys and an experienced accountant will discuss how to protect a testator's assets when an adult child suffers from addiction, is out of work, is unhappily married or is in another similarly difficult situation. They will provide you with specific strategies for eliciting information at the client intake, how to discuss delicate and emotionally-charged possibilities and planning techniques that will care for the testator's loved-ones while protecting their assets. Topics include: Questions to ask at the client meeting that will help you elicit the most accurate information Will clauses that will protect assets from creditors and former spouses Pros and cons various trustees including banks and siblings Life estates - how to use them to your clients' best advantage Medicare, Medicaid and life insurance Retirement accounts - when to change the beneficiaries and pitfalls to avoid Successful tax planning strategies How and when to seek a will reformation ... and more. Speakers: Beth C. Manes, Esq. Manes Weinberg, LLC, Westfield

Alex Clark, CPA, CFE Marcum, LLP, Roseland

Kenneth A. Vercammen, Esq. Author ABA Wills & Estate Administration book List Price: $125.00 USD

https://tcms.njsba.com/personifyebusiness/njicle/CLEPrograms/NJICLEEventsCalendar/MeetingDetails.aspx?productId=49471222

  1. Free Community Events. Sayreville Wills & Power of Attorney Seminar October 3 at 6:30pm SPEAKER: Kenneth Vercammen, Esq. Edison, (Author- ABA's "Wills and Estate Administration book") Open to the public. You don't have to be a Sayreville resident to attend. Sayreville Public Library 1050 Washington Road Parlin NJ 08859 732.727.0212 ext.25 https://www.facebook.com/events/503329770401565

10/5/19 Metuchen Fair [not a race] 10am-4pm, then North Brunswick Heritage day with band Parkway Soul Productions https://www.facebook.com/events/619072458618435/

WILLS & ESTATE ADMINISTRATION seminar October 8 Edison Main Library Tuesday 7pm Edison Library 340 Plainfield Ave. Edison, NJ 08817

  1. Fun Upcoming Running Races & Charity Events Participated by Kenneth Vercammen- Ken V is running 60 races in 2019. 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 I share these events so that even non-runners can walk or volunteer. All events help an area charity or non-profit. We encourage Americans to exercise and we encourage fitness and good health.

9/21/19 KeyportFest 5K Fireman's Park Saturday 8:30 am.

9/22/19 Cranford 5k 9:00am - Cure for Diabetes 5k in Cranford. I am running with Lexi dog.

10/6/19 KILT RUN at Kilt Fest 10am Liberty Lake Day Camp 1195 Florence Columbus Rd, Bordentown, NJ 08505.

10/12/19 Pound the Pavement for Purple 5k at the Headliner 10am https://runsignup.com/Race/NJ/Neptune/PoundthePavementforPurple.

10/13/19 The Valerie Fund 5K Run Long Branch, New Jersey 10am Wakefern Shoprite co-sponsor.

10/26/19 HoBOOken 5K Halloween Fun Run hobooken5k.com/ Saturday 10 AM Pier A Park co-sponsor by Wakefern Shoprite.

10/27/19 East Brunswick 12k & 5k 9am RVRR new start EB Community Arts Center 721 Cranbury Rd. in East Brunswick) well run RVRR event post race we go to Lago or Lori's Lakeside on Farrington Lake, North Brunswick https://runsignup.com/Race/NJ/EastBrunswick/EastBrunswickRoadRaces.

10/27/19 Trick or Trot 4 mile 10:30am JSRC now at Deal Casino.

11/2/19 USATF 5k Harrington Park.

11/3/19 Watch NY Marathon [Ken competed in NY marathon twice].

Editor's Note and Disclaimer: All materials Copyright 2019. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 website: www.njlaws.com

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