Defenses to Speeding and Radar by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500

Edison, NJ 08817
(732) 572-0500  http://www.njlaws.com/speed_law_nj.html?id=859&a=
39:4-98, 39:4-99 Speeding and Radar
 by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500   Kenneth Vercammen's Law office represents persons charged with speeding more than 15 miles over the speed limit an other serious traffic violations throughout New Jersey.

It is well established that the prosecution of a defendant for a motor vehicle violation is a quasi-criminal proceeding. In such a proceeding the burden of proof is upon the state to establish all elements of the offense beyond a reasonable doubt.

In every charge of a speeding violation, the complaint or summons must specify (l) the speed at which the defendant is alleged to have driven, (2) the speed which is prima facie unlawful, and (3) the time and place of the alleged violation.

A sign showing a speed limit is merely notice of the law or an ordinance or regulation prohibiting a greater speed. The sign itself does not set the speed limit. There can be no conviction for violation of the edict of a posted sign, but only for violation of the statute, ordinance, or regulation having the force of law. There are many unauthorized signs in the state which may serve as a warning but have no effect in creating an offense. Radar

Speed-measuring radar in various forms has been accepted since State v. Dantonio, l8 N.J. 570 (l955), where the N.J. Supreme Court held it is not essential that the court determine the precise speed at which the vehicle was being operated when the alleged offense occurred, and that the operator of the vehicle must be adjudged guilty if the evidence established, beyond a reasonable doubt, that the drive exceeded the statutory speed limit.

It is not necessary for the trial court to make a particular finding as to the precise speed in excess of the speed limit at which the defendant was traveling at the time of the violation. State v. Bookbinder, 82 N.J. Super. l79, l83 (App. Div. l964).

However, if the defendant is found guilty, the trial court should determine the quantum of excess was so many miles per hour in exercising its discretion as to the penalty to be imposed within the statutory limitation. The precise speed a motorist was traveling thus is material only on the question as to the penalty to be imposed, not on the question of guilt or innocence.

State v. Readding, l69 N.J. Super. 238 (Law Div. l978), restated the general rule that in order for the radar speedometer reading to be admissible into evidence, it should be established that: (l) the device is scientifically reliable; (2) the particular speedometer used in the case being tried is accurate; (3) the operator is qualified; and (4) the device was operated properly in the case being tried. How Radar Operates

In State v. Wojtkowiak, l70 N.J. Super. 44 (Law Div. l979), revd on other grounds, l74 N.J. Super. 460, Judge Wells examined in detail the K-55 Radar, and his conclusions were incorporated by the Appellate Division. This case should be read and reread for a detailed explanation of Radar by a Court.

The traffic radar method speed detection measurement depends upon the Doppler effect. Simply stated a radio wave which strikes a moving object is reflected from that object at different frequency from that of the incident wave. A radar which transmits waves and receives reflected waves can determine their frequency difference and calculate the speed of the object which produced the reflective wave.

Courts have accepted as scientifically reliable MPH Industries K-55 Traffic Radar -- the primary system employed for the purpose of measuring the speed of motor vehicles in New Jersey.

In State v. Wojtkowiak, l74 N.J. Super, 460 (App. Div. l980), the appeals court held in all future cases the state should adduce evidence at the municipal court level as to (l) the specific training and extent of experience of the officer operating the radar, (2) the calibration of the machine was checked by at least two external tuning forks both singly and in combination, and (3) the calibration of the speedometer of the patrol car in cases where the K-55 is operating in the moving mode.

Dog Bite Law and Recovery for Personal Injury by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500

2053 Woodbridge Ave.
Edison, NJ 08817  http://www.njlaws.com/dog_bite_injuries.html?id=194&a=
     Dog Bite Law and Recovery for Personal Injury   If someone hops your fence, trespasses on your land, and your dog bites him, you are not liable. However, New Jersey does impose strict liability if your dog bites someone if it is loose or if the person bitten was in a public place or permitted on your property. NJSA 4:19-16 provides:

"The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness."

"For the purpose of the New Jersey Statute 4:19-16, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof."

Thus, in New Jersey, a dog does not get two bites.

A person can even be liable if your dog injures someone although not biting it. Being jumped on or chased by a dog could be grounds for a civil liability. It is also strict liability if any of your dangerous animals injure someone, i.e. pet, buffalo or tiger.

For the purpose of this state law, a person is lawfully upon the private property of such owner when he/she is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he/she is on such property upon the invitation, express or implied, of the owner thereof.

In deciding whether the plaintiff was on or in a public place or lawfully on or in a private place, including the property of the defendant, you should note that anyone whose presence is expressly or impliedly permitted on the property is entitled to the protection of the statute. The permission extends to all areas where the plaintiff may reasonably believe to be included within its scope. DeRobertis v. Randazzo, 94 N.J. 144 (1983).

In a case such as this where the defendant has raised the negligence of the plaintiff as a defense, the defendant has the burden of proof. This means that the defendant has the burden to prove plaintiff's "unreasonable and voluntary exposure to a known risk." This means that the plaintiff "knew" the dog had a propensity to bite either because of the dog's known viciousness or because of the plaintiff's deliberate acts intended to incite the animal. For example, one who beats or torments a dog has no call upon the owner if in self-defense the dog bites back. Budai v. Teague, 212 N.J. Super. 522 (Law Div. 1986); see also Dranow v. Kolmar, 92 N.J.L. 114, 116-17 (1918). In conclusion, a New Jersey dog does not get two bites. Keep your dog fenced in or tied up and away from mailman and visiting friends.

Leaving the Scene of an Accident Penalties by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500

2053 Woodbridge Ave.
Edison, NJ 08817 http://www.njlaws.com/careless_reckless_driving.htm
Leaving the Scene of an Accident Penalties
39:4-129. Action in case of accident [Leaving the scene]

Termination of Child Support by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500

Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
http://njlaws.com/term_of_child_support_upon_emancipation.html?id=963&a=
Termination of Child Support- Child support is usually paid through a wage withholding garnishment at the parents job. Child support orders and wage withholding continue forever against you until a Superior Court Judge signs a Formal Court Order terminating or modifying support. It is not sufficient for you to simply wait for a child to finish school. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation. For example, the term "emancipation" is sometimes defined as follows: (i) The completion of the childs formal education on a matriculated basis, whether it be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing grades the child shall not be considered emancipated. (ii) Upon the completion of any of the aforesaid segments of the childs education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shall be deemed emancipated unless failure to continue on with his education has resulted from injury or illness or some other cause beyond the childs control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child.

Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papers including a copy of the Final Judgment for Divorce, any other Child Support Orders, copy of birth certificate if available, proof of graduation from school or working full time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order which your attorney can file without the need for a formal Motion. However, generally a Formal written Notice of Motion must be filed in the County Superior Court where the child support Order was entered. The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates high school. Most child support Order continue child support if the child is in college full time. However, dont give up. In the unreported Appellate Division decision of Kozak v Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus. The judge properly determined it was appropriate to calculate child support only for the period of time the child was not residing at college.

The Motion will need to include the following type of language: PLEASE TAKE NOTICE that the undersigned, attorney for payor parent, will apply to the above named court, at the Court House, on [motion date] for an Order directing that child support payments shall end since the child is now of legal age and emancipated. PLEASE TAKE FURTHER NOTICE that the undersigned shall rely upon the Certification of payor in support of this motion.

All Motions, Family, Civil, Criminal and Chancery/ Equity must include a Certification of mailing, similar to the following: CERTIFICATION OF MAILING The undersigned hereby certifies that the original Notice of Motion, Certification and all supporting papers have been filed directly with the __________ County Family Division Motions Clerk, _____________, New Jersey. It is further certified that a copy of the Notice of Motion, Certification and all supporting papers have been served by certified and regular mail upon all counsel and individuals indicated in the Notice of Motion.

Divorce in NJ by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500

Kenneth Vercammen, Esq.
732-572-0500
2053 Woodbridge Ave.
Edison, NJ 08817
http://njlaws.com/divorceinnj.html?id=2445&a=
Divorce in NJ- When individuals have family problems, family and service groups can often offer advice and help resolve problems. If separation or divorce is unavoidable, you should see an attorney for advice on how to protect your rights.

Areas to Discuss at Initial Interview

When you first meet with your attorney, you should discuss and ask questions regarding the following:

-Resolving marital problems

-Financial concerns involving child support, alimony, spousal support, pendente lite support and equitable distribution of property acquired during the marriage

-Determining child custody and visitation

-Grounds for divorce

-Domestic Violence Act and Restraining Order

-Legal Rights and procedures in court

-Retaining the attorney and payment for legal services and costs

Rights Upon Arrest by Kenneth Vercammen, Esq. Edison, NJ 732-572-0500

Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
http://njlaws.com/arrest_criminal_violation.html?id=6&a=
Rights Upon Arrest 1. Tell The Police Officer or Detective that you wish to talk to your Lawyer. Repeat this request to every officer who speaks to you.
2. Identify yourself, if asked. If the incident is related to a motor vehicle, produce your license, registration, and insurance card.
3. Beyond identifying yourself, give no other information. Answer NO other questions. SIGN NOTHING. If you are asked any other questions, reply politely, "I would rather not discuss it".
4. Call your lawyer at the first opportunity.
NOTE: If you are arrested for Drunk Driving in New Jersey, you must give breath samples before you call your Lawyer. You are not required to do field sobriety tests such as walking a straight line, Remember: Even a fish would not get caught if they kept their mouth closed. OJ remained silent and is playing golf today. [Copyright 1985-1986 Alan Marain]

The Fifth Amendment to the United States Constitution prohibits the use of involuntary statements and confessions at trial. The State bears the burden of proof in a motion to suppress a statement allegedly obtained in violation of the Miranda doctrine. New Jersey requires the higher standard of beyond a reasonable doubt when the court determines if Miranda has not been fully complied with. State v Yough 49 NJ 587, 600-601 (1967), State v Whittington 142 NJ Super. 45, 49-50 (App. Div. 1976), State v Flower 224 NJ Super. 208, 213 (Law Div 1987) aff'd per curiam 224 NJ Super. 90 (App. Div. 1988).