Representing Senior Citizens Charged with Traffic Tickets

Representing Senior Citizens Charged with Traffic Tickets

39:4-89 Tailgating Following Vehicle Too Closely 5 Points - NJ MVC Points

39:4-89 Tailgating Following Vehicle Too Closely 5 Points - NJ MVC Points

Fine or imprisonment not exceeding 15 days, or both, fines $50-$200 plus court costs Plus 5 car insurance points and possible non renewal by insurance company and Judge Can Suspend DL for Willful Traffic Offense. - State v. Moran 202 NJ 311 - Penalties set forth at 39:4-203 - 39:4-89 Following; space between trucks
The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of the preceding vehicle and the traffic upon, and condition of, the highway.
The driver of a motor truck when traveling upon a highway, outside of a business or residence district, shall not follow another motor truck within one hundred feet, but this shall not be construed to prevent one motor truck overtaking and passing another.
Kenneth Vercammen’s office represents persons charged with Serious Traffic offenses. Criminal and Motor vehicle violations are expensive. If convicted, you will have to pay high fines in court, face probation, and other serious penalties that may effect future employment.
You should consider hiring a Certified Municipal Court Law Attorney such as Kenneth Vercammen to Represent you . Very few attorneys in New Jersey have been able to pass the rigid test to be recognized by the Supreme Court as a Certified Municipal Court Law Attorney.
When your job or driver's license is in jeopardy or you are facing thousands of dollars in penalties you need excellent legal representation. The cheap attorney is never the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter.
Our website www.njlaws.com provides details on jail terms for criminal offenses and other traffic matters. Call the Law Office of Kenneth Vercammen a to schedule a free in-office consultation to hire a trial attorney for Criminal/ DWI/ Municipal Court Traffic/ Drug offenses. Please call us to schedule an appointment if you need experienced legal representation in a criminal matter. Save this letter for future reference.


Kenneth Vercammen, Certified Criminal Trial Attorney Past NJSBA “Municipal Court Attorney of the Year” Former Prosecutor of Cranbury Municipal Court and co-Author of: ABA "Handling Drug and DWI Cases." Celebrating 30+ years of providing excellent service to clients since 1985. We fight to win!
For information on points, fines, jail and suspension for this violation, go to KennethVercammen.com/traffic_minimum_penalties.htm

Motion for Early Termination of Probation

Motion for Early Termination of Probation
Your Attorney can file a Motion under NJSA 2C :45-2 . Period of Suspension or Probation; Modification of Conditions; Discharge of Defendant
a. When the court has suspended imposition of sentence or has sentenced a defendant to be placed on probation, the period of the suspension shall be fixed by the court at not to exceed the maximum term which could have been imposed or more than 5 years whichever is lesser. The period of probation shall be fixed by the court at not less than 1 year nor more than 5 years. The court, on application of a probation officer or of the defendant, or on its own motion, may discharge the defendant at any time.
b. During the period of the suspension or probation, the court, on application of a probation officer or of the defendant, or on its own motion, may (1) modify the requirements imposed on the defendants; or (2) add further requirements authorized by N.J.S.2C:45-1. The court shall eliminate any requirement that imposes an unreasonable burden on the defendant.
c. Upon the termination of the period of suspension or probation or the earlier discharge of the defendant, the defendant shall be relieved of any obligations imposed by the order of the court and shall have satisfied his sentence for the offense unless the defendant has failed:
(1) to fulfill conditions imposed pursuant to paragraph b. (11) of N.J.S.2C:45-1, in which event the court may order that the probationary period be extended for an additional period not to exceed that authorized by subsection a. of this section; or
(2) to fulfill the conditions imposed pursuant to subsection c. of N.J.S.2C:45-1, in which event the court shall order that the probationary period be extended for an additional period not to exceed that authorized by subsection a. of this section.
The extension may be entered by the court without the defendant's personal appearance if the defendant agrees to the extension.
Notwithstanding any provision in this section to the contrary, any order of the court prohibiting contact with a victim imposed on a defendant convicted of a sex offense shall continue in effect following the termination of probation supervision until further order of the court.

Defending Speeding on 287, Turnpike, Parkway

In State v Green 417 NJ Super. 190 (App. Div. 2010) the court decided that a motorist who has been charged with speeding is entitled to discovery respecting
(1) the speed-measuring device's make, model, and description;
(2) the history of the officer's training on that speed-measuring device, where he was trained, and who trained him;
(3) the training manuals for the speed-measuring device and its operating manuals;
(4) the State's training manuals and operating manuals for the speed-measuring device;
(5) the officer's logbook of tickets written on the day of defendant's alleged violation;
(6) the repair history of the speed-measuring device used to determine defendant's speed for the past twelve months; and
(7) any engineering and speed studies used to set the speed limit at the section of highway where defendant's speed was measured.
The court also found that the Stalker Lidar speed-measuring device had not been proven to be scientifically reliable and, as such, the results of its operation should not have been admitted during the municipal court proceedings or considered by the Law Division. The court remanded the matter to the Law Division for a plenary hearing on the scientific reliability of the Stalker Lidar. If it is determined to be reliable, then the matter is remanded to the municipal court for trial after the State has provided all of the discovery required by this opinion.
Therefore, we also request that the following be provided in discovery:
8. We request copies of any reported or unreported cases that indicate the machine used in this case has been found to be scientifically reliable.
9. All relevant written or recorded statements, or signed or unsigned confessions, written summaries of oral statements of confessions made by the defendant;
10. All books, papers, documents, photographs, sound or video recordings, tangible objects, buildings, or places, which are intended for use by the state as evidence at the trial
11. Copies of all correspondence received from the manufacturer of the SPEED MEASURING DEVICE;
12. All certificates of calibration for the SPEED MEASURING DEVICE unit used;
13. All certificates of calibration for the any tuning forks used;
14. Speedometer certifications for the vehicle used which the state intends to rely upon at trial;
15. All correspondence and documents received from the Division of Weights and Measures regarding the SPEED MEASURING DEVICE unit and/or tuning forks used;
16. The names and addresses of all individuals whom the arresting officer wrote tickets for in the period of twenty-four (24) hours prior to and the period of twenty-four (24) hours after the instant offense, and the disposition of any speeding cases.

Types of Driving While Suspended

NJSA 39:3-40 Driving While Suspended in New Jersey

There are two types of license suspension:
1. Court imposed suspension 2. Administrative / MVC suspension The most common scenario reflects where that the client, through a motor vehicle violation, failure to pay a surcharge or accumulated points have been placed on a suspended list maintained by the New Jersey Division of Motor Vehicles (MVC), thereby making them ineligible to operate a motor vehicle for a prescribed period of time in this state. If the client is aware that they are on the suspended list and acknowledged to the police officer that they were suspended, there is little room for creative legal defenses. The lawyer in this case would most likely discuss how to mitigate penalties or negotiate a plea bargain. However, more often than not the attorney will be confronted by the client who claims that they were unaware of their placement on the suspension list. The scenario that will often be presented by the client is that he/she was stopped by police for an unrelated motor vehicle violation. In the process of the police encounter they were informed by the officer that their license has been suspended and they were issued an additional summons for DWS.
DEFENSES: Call Kenneth Vercammen for representation 732-572-0500
More info at www.njlaws.com/driving_on_a_suspended_license.htm
Thousands of motorists in New Jersey are stopped for routine traffic violations, then are surprised to be informed their license is suspended. Where the minimum costs would be $1,261 in fines, surcharge and costs, motorists need an attorney with knowledge and skill in handling Driving While Suspended (DWS) matters. Over the past decade Municipal Court practice has diversified requiring the need for crafted trial counsel to provide adequate representation for clients concerning both disorderly persons and motor vehicle offenses. Although this may seem like a hopeless situation at first, the reality is that it offers an attorney the opportunity to be creative in finding possible ways to avoid a prolonged license suspension and even the possible incarceration of the client. The violation of DWS is set forth at NJSA 39:3-40. This section states, "no person to whom a drivers license has been refused or whose driver's license or reciprocity privilege has been suspended or revoked or who has been prohibited from obtaining a driver's license, shall personally operate a motor vehicle during the period of refusal suspension, revocation or prohibition." The statute also prohibits the operation of a motor vehicle whose registration has been revoked.
PENALTIES Conviction under this statute brings the following penalties: Upon conviction of the first offense of a fine of $500.00, the defendant will also be surcharged a mandatory $250.00 per year for 3 years in every DWS by the MVC (formerly DMV);
Upon conviction for the second offense a fine of $750.00 and imprisonment in the county jail for 1 - 5 days;
Upon conviction for the third offense, a fine of $1000.00 and imprisonment in the county jail for 10 days.
Additionally, the statute states that upon the conviction the court shall impose or extend a period of suspension not to exceed 6 months for each offense. If DWS and involved in an accident resulting in personal injury to another person, the court shall impose a period of imprisonment for not less than 45 days.
If an individual violates this section while under suspension under 39:4-50 (DWI), they shall be fined $500.00 extra and have their license suspended for an additional period not less than one year nor more than two years and mandatory county jail for 10 - 90 days. If suspended for Failure to Pay a Surcharge, there is an extra $3000.00 fine.
Although most municipal court matters are considered minor by many citizens it is obvious from the possible penalties involved that this is a serious offense carrying the possibility of both stiff fines and incarceration. As attorneys, it is incumbent upon us to try and provide the most favorable result for the client.
Few courts inform a driver charged with DWS that the penalty is anything more than a $500.00 fine plus up to six months loss of license. Most courts do not warn a defendant if he pleads guilty he will have to pay MVC insurance surcharges and face other new penalties. Few courts and attorneys are aware of the provisions of NJAC 11:3-34, which allows insurance companies to charge additional surcharges to drivers who drive while suspended. These insurance company surcharges are in addition to MVC surcharges and fines. For Driving While Suspended pursuant to 2C N.J.R. 576 a driver is given 9 Automobile Eligibility Points.
THE STATE MAY BE UNABLE TO SHOW DUE PROCESS AND ADEQUATE NOTICE The Prosecutor should be required to show adequate notice of the suspension. In Parsekian v. Cresse 75 N.J. Super. 405 (App Div. 1962),

What to Bring on Day of Signing the Will

What to Bring on Day of Signing the Will
Read your proposed Will and Estate Planning documents. Please read the documents carefully. If there are any changes, amendments or revisions, please mark up the draft Will in blue pen, and fax, mail back or drop off at night in mail slot at least four days prior to scheduling the appointment to execute the Will. Changes cannot be accepted by email or phone.
Please remember that there will be a minimum $75.00 additional charge for each change after the first draft is typed. Changes cannot be done on the same date as signing. Please bring your draft Will and any other documents sent you. If you have not already done so, please also advise my office immediately if you would like a Power of Attorney prepared and a Living Will as well. Bring ID or a driver’s license to the signing and show to the front desk staff. Staff will ask you if you read the documents. If you did not read the Will or other documents we cannot sign anything and will need to reschedule for another day.
On the date of signing, we suggest you bring a copy of any Deed to property so that we can answer your questions regarding title to real estate. We will give you the Original signed Will to take home. Based on a Supreme Court memo, we no longer keep original Wills in our office. We keep a copy. Please note the NJ Rule of Professional Conduct RPC 1.6 prohibits our office from discussing your Will or matter with family members or anyone other than you.
Please also remember that if you have assets such as bank accounts in joint names, or bank accounts payable upon death, these go directly to the beneficiary. If you have selected direct beneficiaries on any of your assets these pass outside your Will, including POD accounts or joint accounts. Your Will cannot change who the beneficiary is on a joint account, payable upon death accounts, or other assets such as Life Insurance policies. You would have to go directly to the bank or company where the assets are held and either direct that they change the beneficiary or not list any beneficiary at all other than your Estate.

Expedited Expungement Where Charges are Dismissed

Expedited Expungement NJ where charges are dismissed in court or not guilty in court
If you are charged with a disorderly persons offense, petty disorderly persons offense, or a municipal ordinance violations, and those charges are either dismissed, you are acquitted, or your case is discharged without a conviction or finding of guilt, you may be eligible for an expedited expungement pursuant to N.J.S.A. 2C:52-6.
The Expungement form needs to be filed with the court the same day the charges are dismissed, or a not guilty finding. This does not apply for PTI Pre trial intervention, Conditional Discharge or Conditional Dismissal.
Otherwise, your attorney can help you with the formal expungement process.
Expungement of Arrest or Charge Records N.J.S.A. 2C:52-6 These forms are ONLY provided upon request and at the time of disposition to persons seeking the expungement of arrest or charge records relating to a disorderly persons offense, petty disorderly persons offense, or municipal ordinance violation, where those proceedings were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt.
The Expedited Expungement forms are not to be used to expunge arrest or charge records where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the conviction of other charges. The process requires the completion of the following three steps.
Step 1: Complete the Application for Expungement of Arrest or Charge Records The Application is used by the Municipal Court to determine whether the Applicant is eligible for an expungement of the arrest(s) or charge(s). The Applicant must complete sections A, B, and C of the form.
Section A requires the personal information of the Applicant.
Section B requires the identification of the arrest or charges that the Applicant seeks to have expunged. The Applicant must provide the date of the arrest, the statute or ordinance the Applicant was charged with violating, and the complaint number. If the Applicant does not have some or any of this information, the Applicant can obtain a printout of the case disposition from staff of the municipal court where those proceedings were dismissed, the Applicant was acquitted, or the Applicant was discharged without a conviction or finding of guilt.
If a printout is obtained, the Applicant should attach it to the Application.
Section C requires the Applicant to date and sign the request for expungement.
Step 2: Complete the Order for Expungement of Arrest or Charge Records The Order is the official document that will be reviewed and, if granted, signed by the Superior Court Judge. The Instructions for Completion of the Order are listed below.
1. At the top left-hand corner, fill in full name and address.
2. Do not fill in the box marked "For Superior Court Use Only." This will be completed by the Criminal Case Management Office. 3
In the box where it states, "In the Matter of the Expungement of the Arrest/Charge Records of _______________," print full name.
4. In the first sentence of the Expungement Order, print full name, date of birth and your State Bureau of Identification (SBI) number, if available, where it is indicated.
5. Leave the next three spaces blank where it states "IT IS ORDERED this ___ day of __________, ______________." They will be filled in by the court.
6. After "all information relating to," fill in full name.
7. On lines 1-5, provide the date of the arrest or issuance of the complaint, the statute or ordinance charged with violating, and the complaint number. This information should be identical to that contained in Section B of the Application for Expungement of Arrest or Charge Records. If more than five rows are needed, attach a separate sheet of paper with the additional information.
8. Leave the signature line on the next page blank. This is where the judge will sign the order.
Step 3: Submit the Forms for Expungement of Arrest or Charge Records to the Municipal Court Upon completion of the Application and Order, the Applicant must submit the completed Forms via either hand delivery or mail to the municipal court where those proceedings were dismissed, the Applicant was acquitted, or the Applicant was discharged without a conviction or finding of guilt.
The Application will then be reviewed by a Municipal Court Judge. If approved, the Municipal Court Judge will sign the Application and forward the signed Application and Order to the Applicant and the County Criminal Division for submission to the Superior Court Judge.
In the event the Application is improperly or incompletely filled out, the Applicant will be notified by municipal court staff. After review by a Superior Court Judge, and if granted, a copy of the signed Application and executed Order for Expungement will be forwarded to the appropriate prosecutor and Municipal Court for the expungement of applicable records.