Driver's License Suspension Hearings when involved in a Fatal accident.

Driver's License Suspension Hearings when involved in a Fatal accident.
If there is a fatal car accident in New Jersey, an investigation of the incident, whether performed by the State Police or by local police, shall be completed and forwarded to the director within 72 hours of the time of the accident.The Motor Vehicle Commission can then serve a proposed suspension on the driver if they were involved in the fatal accident and the MVC determined they committed a motor vehicle violation.
The driver can request a hearing in writing. The hearing is held in front an Administrative Law Judge. The following is the applicable statute.
NJSA 39:5-30  Suspension, revocation of registration, license certificates.

Leaving Scene of Accident with Property Damage

39:4-129. Action in case of accident [Leaving the scene] 39:4-129. (a) The driver of any vehicle, knowingly involved in an accident resulting in injury or death to any person shall
immediately stop the vehicle at the scene of the accident or as close thereto as possible but shall then forthwith return to and in
every event shall remain at the scene until he has fulfilled the requirements of subsection (c) of this section. Every such stop shall
be made without obstructing traffic more than is necessary. Any person who shall violate this subsection shall be fined not less than
$500 nor more than $1,000 or be imprisoned for a period of 180 days, or both, for the first offense, and for a subsequent offense shall
be fined not less than $1,000 nor more than $2,000, or be imprisoned for a period of 180 days, or both. The term of imprisonment
required by this subsection shall be imposed only if the accident resulted in death or injury to a person other than the driver convicted of violating this section. more info at http://www.njlaws.com/leaving_the_scene.htm

No insurance Law 39:6 B-2 amended to provide discretion for no DL suspension

No insurance Law 39:6 B-2 amended to provide discretion for no DL suspension

      Under the prior law, a person who commits a first offense of driving without insurance is subject to a fine of between $300 and $1,000, a period of community service to be determined by the court, and loss of driver's license for one year from the date of conviction. Under this amended law, imposition of a driver's license suspension for such a first offense is to be within the discretion of the court, and the period of any such suspension could be from two months to one year from the date of conviction.
 The relevant portion of 39:6b-2 reads:
....The court also shall suspend the person's right to operate a motor vehicle over the highways of this State for a period of one year from the date of conviction ; provided, however, the period of license suspension may be reduced or eliminated if the person provides the court with satisfactory proof of motor vehicle liability insurance at the time of the hearing.

Sale of the House in a Probate Estate

Sale of the House in a Probate Estate

REAL ESTATE TRANSFER SERVICES

We provide representation  in the sale of the subject property. I  represented the above client at all stages from the review of the initial contract, through review of the title papers, attendance at Closing and assistance in canceling any liens or Mortgages. My usual fee for such representation when the closing is in Middlesex County is $800.00 plus all costs. 

Partial list of additional services performed:

Analyze Contract and recommend revisions

Review old Deed, survey

Numerous telephone calls with buyers attorney and other individuals

Numerous correspondence to  and from buyers attorney and clients

Preparation of Deed

Preparation of Affidavit of Title

Review Title Binder and Judgment Searches, if applicable

Review RESPA pre-closing, if applicable

More info at http://www.njlaws.com/buying_and_selling_real_estate.html

Sentencing in criminal cases.

https://www.youtube.com/watch?v=m2SCOaC85CA
Sentencing in criminal cases.
www.njlaws.com/sentencing.html
 Kenneth Vercammen's Law office represents persons charged with criminal offenses throughout New Jersey.
 The Judge at the time of sentencing always has several options including but not limited to jail, probation, community service, restitution and substance abuse counseling.  The Probation Department, which has interviewed you, will prepare what is called a Pre-Sentence Report. This provides information regarding the offense to the Court together with information regarding your background.  The judge will also review any letters or documents that are submitted to the Court on your behalf.
 If you have a drug charge, the Judge will often have a drug test conducted on the morning of sentencing. If you test positive for illegal drugs, the judge usually will have the defendant locked up.
KENNETH VERCAMMEN &
 ASSOCIATES, PC
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
2C:44-1  Criteria for withholding or imposing sentence of imprisonment. 2C:44-1. a. In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court shall consider the following aggravating circumstances:(1)The nature and circumstances of the offense, and the role of the actor therein, including whether or not it was committed in an especially heinous, cruel, or depraved manner;(2)The gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance;(3)The risk that the defendant will commit another offense;(4)A lesser sentence will depreciate the seriousness of the defendant's offense because it involved a breach of the public trust under chapters 27 and 30, or the defendant took advantage of a position of trust or confidence to commit the offense;(5)There is a substantial likelihood that the defendant is involved in organized criminal activity;(6)The extent of the defendant's prior criminal record and the seriousness of the offenses of which he has been convicted;(7)The defendant committed the offense pursuant to an agreement that he either pay or be paid for the commission of the offense and the pecuniary incentive was beyond that inherent in the offense itself;(8)The defendant committed the offense against a police or other law enforcement officer, correctional employee or fireman, acting in the performance of his duties while in uniform or exhibiting evidence of his authority; the defendant committed the offense because of the status of the victim as a public servant; or the defendant committed the offense against a sports official, athletic coach or manager, acting in or immediately following the performance of his duties or because of the person's status as a sports official, coach or manager;(9)The need for deterring the defendant and others from violating the law; (10) The offense involved fraudulent or deceptive practices committed against any department or division of State government;(11) The imposition of a fine, penalty or order of restitution without also imposing a term of imprisonment would be perceived by the defendant or others merely as part of the cost of doing business, or as an acceptable contingent business or operating expense associated with the initial decision to resort to unlawful practices;(12) The defendant committed the offense against a person who he knew or should have known was 60 years of age or older, or disabled; and(13) The defendant, while in the course of committing or attempting to commit the crime, including the immediate flight therefrom, used or was in possession of a stolen motor vehicle.

Dog Bite Law and Recovery for Personal Injury by Kenneth Vercammen, Esq....

Vercammen Law Office
2053 Woodbridge Ave.

Edison, NJ 08817 

     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. more info at  http://www.njlaws.com/dog_bite_injuries.html?id=194&a=

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