Motor Vehicle hearings-Hiring an Attorney to Reduce License Suspensions-...

Hiring an Attorney to Reduce License Suspensions at Motor Vehicle Services - MVC/DMV Hearings

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

 If a driver in New Jersey receives too many points after traffic violations, the Motor Vehicle Commission or "MVC" [formerly the Division of Motor Vehicles or "DMV"], will mail the driver a Scheduled Suspension Notice. The MVC/DMV notice will set forth the date the suspension is scheduled to start as well as the length of suspension. In addition, if you received a moving violation ticket while your drivers license was suspended, the MVC/DMV usually also schedules a suspension. If you receive a Scheduled Suspension Notice, it is important to immediately sit down with an experienced Criminal/Traffic Attorney to discuss possible ways to reduce the suspension.



A written request for hearing must be served on the MVC/DMV. If the written request for hearing is not received prior to the scheduled suspension, the MVC/DMV will automatically suspend your drivers license for the maximum period permitted.



Hearings are generally held in Trenton, Eatontown, Mahwah, and Deptford. Hiring an attorney to reduce license suspension often ranges in costs between $900.00-$1,500.00. There is no Public Defender or free attorney in MVC/DMV hearings. After you retain an attorney, he or she will usually serve a written "Opposition to Suspension AND REQUEST FOR ALJ HEARING." Your attorney will request a hearing on any proposed suspensions or other administrative actions. Demand will be made that the Motor Vehicle Commission/Division of Motor Vehicles provide your attorney with discovery pursuant to the New Jersey Administrative Code, NJAC 1:1-1 et seq. and NJAC 1:13-10. Your attorney¹s letter needs to set forth legal issues and defenses he or she intends on raising at the hearing.

The MVC/DMV, prior to suspending a license or taking specific action against a driver, must mail a notice to the driver informing them of the proposed suspension or any other action. The proposed action to be taken against any licensee by the MVC/DMV becomes effective on the date set forth on the notice except when otherwise specified. Such is the case unless the licensee or his/her attorney makes a request, in writing, for a hearing within 25 days from the date of notice. New Jersey Administrative Code (NJAC)13:19-1.2.



Under NJAC 13:19-1.2, the MVC/DMV should require a prehearing conference with a MVC/DMV employee, or transmit the matter to the Office of Administrative Law for a hearing pursuant to NJAC 1:1. If the parties cannot reach a resolution, the matter will be submitted to the Office of Administrative Law for a hearing. NJAC 13:19-1.8(d). The motor vehicle statute, NJSA 39:3-40, is quasi-criminal and penal in nature, and must be strictly construed against the State. State vs. Churchdale-Leasing Inc., 115 N.J. 83, 102, 557 A. 2d 277 (1989). The word conviction, as it is used in NJSA 39:3-40, refers only to a plea or a finding of guilt in a court of competent jurisdiction and not to an order of suspension entered by the MVC/DMV as the result of an administrative proceeding. State vs. Conte, 245 NJ Super. 629 (Law Div. 1990).

Generally, an attorney can only reduce the suspension period, not eliminating suspension entirely. However, it is often important to reduce suspension time to save a job or a career.



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

Careless driving 39:4-97 NJ, Edison, Woodbridge, Metuchen, North Brunswi...

Careless driving 39:4-97 requires the
State to provide the vehicle was operated by the defendant carelessly or
without due caution and circumspection, in a manner so as to endanger, or be
likely to endanger, a person or property

         The NJ
Appellate Division in held in State v Lutz 309 N.J. Super. 317 (App. Div. 1998)
that merely because an accident took place a driver does not been the driver is
guilty of careless driving. The court wrote:

         "Finally,
we find merit in defendant's contention that the State failed to prove beyond a
reasonable doubt that he was guilty of careless driving.

The court wrote:

 It
appears that both the Municipal Court judge and the Law Division judge applied
a res ipsa loquitur analysis in finding defendant guilty of careless driving.  
The doctrine of res ipsa loquitur, however, has no application in the
determination of careless driving due to the quasi-criminal nature of the
proceeding in which the State has the burden of proving beyond a reasonable
doubt all elements of the offense.   See State v. Wenzel, 113 N.J.Super., 215,
216-18, 273 A.2d 395 (App.Div.1971) (the mere fact of an “otherwise unexplained
jackknifing” where a tractor-trailer entering a construction area had
jackknifed on the wet roadway, crossed into the opposite lane and broadsided
another truck fatally injuring the truck's driver, did not establish that the
defendant had been driving carelessly.)

The
careless driving statute provides:

[a]
person who drives a vehicle on a highway carelessly, or without due caution and
circumspection, in a manner so as to endanger, or be likely to endanger, a
person or property, shall be guilty of careless driving.

[N.J.S.A.
39:4-97.]

Here,
other than the accident itself, the State only presented defendant's statement
that his vehicle began to slide on the wet highway and continued to do so when
he tapped his brakes.   Moreover, his apology was not an admission to driving
carelessly, but merely a statement that his car had slid on the wet pavement.  
The State presented no evidence indicating that defendant had been speeding,
driving too fast for the wet road conditions, distracted or otherwise driving
without due caution and circumspection.   Consequently, there was insufficient
evidence to support defendant's conviction for careless driving, and we reverse
that conviction.

      In State
v. Wenzel, 113 N.J. Super. 215 (App. Div. 1971) defendant was charged with
careless driving when his tractor-trailer jackknifed and struck another
trailer. The State's only witness did not see the accident. There was no
evidence defendant was speeding or that he drove without due caution or
circumspection. However, both the municipal and county courts determined that
an otherwise unexplained jackknifing was indicative of careless driving. The
Appellate Division reversed, holding the res ipsa doctrine employed by the
lower courts had no place in a quasi-criminal action for careless driving. The
rationale of the Wenzel decision applies to this case.

        

See also State v Roenicke 174 N.J. Super. 513
(Law Div 1980)

       Defendant
was involved in a one-car accident which was not observed by the trooper or any
other witness. The State failed to establish beyond a reasonable doubt that he
drove in a reckless manner.  Defendant
cannot be found guilty of reckless driving, and his conviction is set aside.

                                    Very
truly yours,

                                    KENNETH
 VERCAMMEN

Evicting tenants who do not pay rent NJ

 LANDLORDS - EVICTING TENANTS FOR NON-PAYMENT
OF RENT

                         By Kenneth A.
Vercammen  Esq

        

         This article will briefly explore certain remedies and
recommendations to landlords. Unlike big apartment complexes, many landlords in
New Jersey do not have full time management companies handling the collection
of rent. Yet all landlords should handle their payments as a business, just as
big corporate landlords.

      

WRITTEN LEASE

         A  written lease is
recommended for all rentals even for a month to month. Your lease should
specifically require that the tenant pay the landlord's attorney's fees if they
fail to pay rent or breach the lease in any way. If a written lease does not
provide for attorneys fees, the court cannot award attorneys fees. In addition,
your lease should provide in writing for re-renting cost if the tenant breaches
the lease. Many leases also provide for late fees.

NON-PAYMENT OF RENT

         If your tenant fails to pay and you want to evict the
tenant, a Tenancy Summons plus an Eviction Complaint must be filed in the Superior
Court's Special Civil Part, Tenancy Division. 
The court-filing fee is was increased to $50 plus mileage. Different
attorneys charge different fees depending upon the amount of work to be done.
Your attorney can prepare the mandatory complaint and summons. Our minimum fee
is $1,500, up front. Our consult fee is minimum $150.

         The Court Constable is required to personally serve the
tenant with a copy of the complaint. The court clerk will fill out the date and
time for hearing on the summons, which also will be served on the tenant.

         You and your attorney should appear on the date for hearing.
If the tenant appears, parties sometimes work out a payment plan for rent with
a stipulation of settlement and stay of eviction. The landlord and tenant
usually agree if all rent is not paid according to the schedule, the court is
directed to issue a warrant for possession.

FAILURE OF TENANT TO APPEAR

         If the tenant fails to appear by the second call, you can
pay an additional fee for a warrant of removal. This is obtained at the Special
Civil Part Clerk, Tenancy Section Office. After waiting three days, the
constable is given the warrant to serve at the tenant's property. If the tenant
still fails to move, arrangements can be made with the constable and locksmith
to physically remove the tenants and change locks.

REGISTRATION OF PROPERTY

         Most residential units most be registered with the town. It
is a good idea to bring proof of registration when you go to court.

Eviction Bill/ Services  

1. Prepare Complaint
   Landlord/Tenant. Add amount unpaid, late fees and costs
2. Fill out the form Tenancy
   Summons.

Prepare Letter to court to File Complaint

Tenancy Division

PO Box 1146

New Brunswick, NJ 08903-1146

Hand deliver Tenancy Eviction complaint to courthouse at 56 Paterson St.,
New Brunswick, NJ 08901.

Review Complaint, summons Court hearing notice and supporting documents,

Travel to Middlesex County Courthouse

Spoke with client

Attendance at Judge mandatory opening statement, attendance at calendar
call/hearing

Meeting with client

Minimum legal fee Eviction Bill/
Services  

1. Prepare Complaint
   Landlord/Tenant. Add amount unpaid, late fees and costs
2. Fill out the form Tenancy
   Summons.

Prepare Letter to court to File Complaint

Tenancy Division

PO Box 1146

New Brunswick, NJ 08903-1146

Hand deliver Tenancy Eviction complaint to courthouse at 56 Paterson St.,
New Brunswick, NJ 08901.

Review Complaint, summons Court hearing notice and supporting documents,

Travel to Middlesex County Courthouse

Spoke with client

Attendance at Judge mandatory opening statement, attendance at calendar
call/hearing

Meeting with client

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

www.njlaws.com

Landlord tenant eviction questionnaire - CLIENT
INFORMATION SHEET

Please fill out completely

(Please Print)

NAME
__________________________________________________________

      

ADDRESS
_______________________________________________________

CITY _____________________________ STATE _______ ZIP
_____________

CELL-PHONE ___________________________________ (Area Code Needed)

      

PHONE-DAY __________________________ NIGHT
______________________

E-MAIL ADDRESS
_________________________________________________

TYPE OF MATTER: ________________________________________________

REFERRED BY:
___________________________________________________

If referred by a person, is this a client or
attorney?  If you heard about the law
office on the Internet, which search engine? 
What search terms did you use?

TODAY’S DATE:
__________________________________________________

DESCRIPTION OF MATTER:

______________________________________

______________________________________

______________________________________

­­­­­­

QUESTIONS TO ASK ATTORNEY:
______________________________________

______________________________________________________________

Eviction
Details

1. Name of
Plaintiff(s)/Landlord(s): ___________________

Name of all
Defendant(s)/Tenant(s): ____________________ 

____________________

____________________

___________________

2. Address of
Rental Premises: ____________________

Tenant’s Phone
No.: ____________________

3. The tenant(s) now reside(s) in and has (have) been in
possession of these premises since

____________________________

(mm/dd/yyyy)

under (check
one)  _______ written or  _______ oral agreement

 4.  __
Check here if the tenancy is subsidized pursuant to either a federal or state
program or the apartment is public housing.

5.
Amount due.  The (check one) (x) monthly
or ( ) weekly amount that must be paid by the tenants(s) for these premises is $___________

  payable on the _______ day of each (__) month
or ( __) week in advance.

COMPLETE
PARAGRAPHS 6A, 6B AND 6C IF COMPLAINT IS FOR NON-PAYMENT OF RENT

6A.  There is due, unpaid and owing from tenant(s)
to landlord   for rent as follows:

$______  base rent 
for ___________ month

$___  late charges, under paragraph ____, Line
___________ of written                              lease   [no late fees unless set forth in written
lease]

$______  base rent 
for ___________ month

$______  base rent 
for ___________ month

$
_________ attorney's fees, as specifically provided for in the lease under
paragraph ____, Line ___________  [no
attorney  fees unless set forth in
written lease]

       ________ other (specify ___________), if
permitted by federal law, local law and the lease.

        
$______  court costs (fees for
filing and serving the complaint)

Total due as of
this notice is $______________________

Amount due
after first day of the next month $___________________

IF THE
COMPLAINT IS FOR OTHER THAN OR IN ADDITION TO NON-PAYMENT OF RENT.  ATTACH
ALL NOTICES TO CEASE AND NOTICES TO QUIT/DEMANDS FOR POSSESSION.

Landlord
seeks a judgment for possession for the additional or alternative reason(s)
stated in the notices 

attached to
this complaint.  STATE REASONS 
under the Lease or Violations of NJ Eviction Law

What questions
do you have?

FILE A SPECIAL CIVIL PART COMPLAINT
FOR MONEY OWED

         Most eviction complaints are evictions based only on
non-payment of rent.  The New Jersey
Anti-Eviction Act places substantial notice requirement on landlords who wish
to evict tenants for reasons other than non-payment of rent. If the tenant is
able to pay the rent in full prior to warrant of possession, the court will let
the tenant remain in the property.

HOW TO GET YOUR MONEY

         The Tenancy Judge will not require the tenant to pay
attorneys fees, damages and other costs. This court can only evict tenants, or
permit tenants to remain if they paid the rent in full. To protect yourself and
get all money due, file a money owed complaint in the Special Civil Part. The
filing fee is less than $50.

 KENNETH 
VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

  (Phone) 732-572-0500