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Yesterday I was pulled over by a cop in roselle nj. Taken to 2 police stations to do breath test. I live in England im just visiting here so I only have english driver license. Breath test showed 0.14 or 0.16 I believe. It is my first time ever I was stopped by a police officer here. What should I... View More 
answered on Oct 1, 2015
DWI Fines and Penalties in NJ Updated by Kenneth Vercammen Esq. Edison, NJ www.njlaws.com
A person who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above is considered to be driving under the influence. A person may also be found to be driving under the... View More
visitor at anothers home was charge with possession for 20.00 of crack cocaine found hid under the bed of a person he was visiting. officer then charged him and the person he was visiting with the charge
answered on Oct 1, 2015
2C:35-10 Marijuana 2C:35-10 pot charges CDS
Kenneth Vercammen’s Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey.
The Municipal Courts of New Jersey have jurisdiction to hear the following drug-related offenses:... View More
Grand jury to testify? Original indictment was dismissed.
answered on Oct 1, 2015
The prosecutor decides which witnesses for the grand jury.
The NJ Judiciary Website has an excellent helpful definitions of Indictment and what happens in criminal cases
http://www.judiciary.state.nj.us/criminal/crproc.htm#indictment
The Criminal Division of Superior Court... View More
answered on Oct 1, 2015
Self Defense
The United States Constitution and our State laws permit us to protect ourselves. As a homeowner, there are legal measures that can be used to keep out intruders. The Second Amendment to the US Constitution provides that we have the right to bear arms. Obviously, civilized... View More
In a show up id the officer said he recorded an id procedure electronically and when it was time for court they said the video was deleted after 30 days is that enough cause to get the case thrown out even if they have the papers on file
answered on Oct 1, 2015
an erased video or audio usually is not sufficient for a dismissal if video was not requested in discovery.
Oftentimes we do not receive all of the discovery that we request. We send a letter to the prosecutor requesting additional discovery and request that the discovery be provided within... View More
I have a court date in Paterson for the referenced ticket - I did not commit the infraction -I have never been to that city -my son did -I own the car. He is in college 4 hours away and I do not want him to miss school for this. I have already punished him accordingly. I just want it to end at that... View More
answered on Oct 1, 2015
NEW JERSEY HANDICAPPED PARKING LAWS
-Prohibit parking motor vehicles in handicapped spaces without a special vehicle identification card; mandate initial and subsequent fines of $250 each and up to 90 days of community services (C.39:4-197.(3)c).
- Authorize municipalities to... View More
answered on Sep 26, 2015
A driver in parked car can still be arrested for dwi. Potential defenses: We rely on State v. Joshua K. Putz, unpublished opinion, App. Div. Docket No. A-1004-08T4 (May 26, 2009) – DWI conviction reversed. The arresting officer observed and approached defendant's truck, in which he was... View More
the prosecutor is a friend of mine and says he cannot help due to the way the laws are written. you know the judge has any discretion except to follow basically a flowchart. no question is public defender is 91 years old makes a lot of mistakes. should I hire him and I hope he screws up enough for... View More
answered on Sep 26, 2015
hire an attorney to file motions:
Pretrial Motions
1. Suppress Evidence
2. Miranda/Privilege
3. Notice of Objection
4. Exclude Breath Tests.
5. Discovery
6. Reciprocal Discovery
7. Speedy Trial
8. Jury Trial
9.... View More
I'm going to get my license back and don't know what they can do with this.
answered on Sep 26, 2015
Typically if there is a failure to appear for a dwi or serious traffic matter the DL stays suspended until case is concluded. Hire attorney to file motions
Pretrial Motions
1. Suppress Evidence
2. Miranda/Privilege
3. Notice of Objection
4. Exclude... View More
Hi, my soon to be husband is would like his name on the deed once we are married. I am single and have purchased this property and currently pay mortgage, basically I am the sole owner.
How can I add him and retain 100% equity ? I am not familiar with US or NJ laws. Can we do a prenup where... View More
answered on Oct 1, 2015
Prenuptial Agreements to Protect Your Assets in Case of Divorce or Death
By Kenneth A. Vercammen, Esq.
Today, many persons may be planning into entering into second or third marriages. They question whether the marriage will work out and if it doesn’t will they lose ownership... View More
she stopped at the stop sign and proceed to go thru the entersection when she strike the other car now she's getting a careless ticket and other cops from another town telling her thats wrong, is state law if the police are not present they cannot issue the ticket,can you help me please?
answered on Oct 1, 2015
39:4-97. A person who drives a vehicle 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.
More info at http://www.njlaws.com/reckless_driving.html
Received speeding ticket in a construction zone but no workers were present. Is the area considered a construction zone if no workers were present? The ticket said 39:4-203.5 and the officer said the fines would be doubled for the speeding law 39:4-98. It was a Sunday evening and there were no... View More
answered on Oct 1, 2015
39:4-203.5 Offenses in area of highway construction, repair or designated safe corridor.
1. a. For the purposes of this act:
"Area of highway construction or repair" means that segment of any highway which is identified by properly posted traffic control devices or signs... View More
Want to suppress the evidence of radar in a traffic case, just wanted to see if there's a specific form to be filled out, or certain criteria to include in the written request. Thanks!
answered on Oct 1, 2015
a brief should also be filed
THE WARRANTLESS SEARCH WAS IN
VIOLATION OF DEFENDANT'S FEDERAL
AND STATE CONSTITUTIONAL RIGHTS.
The Fourth Amendment to the United States Constitution provides:
The right of the people to be secure in their persons, houses,... View More
attorney is her attorney and has power of attorney but does nothing to care for her and does not want to help with this he wants her to live in an apartment however we cannot sell her house and she would still need assistance she cannot be alone all day she doe snot eat or take her meds when I get... View More
answered on Oct 1, 2015
1. When is a guardian needed? A guardian is needed when an individual can not manage his or her life as a result of a mental or physical disability, alcohol or drug addiction. The person for whom a guardian is appointed is called a ward. Disability Law at p11
Legislation changed the... View More
Even though I already went to court but never gotten to paid them in full?
answered on Oct 1, 2015
Failure to appear for criminal hearings and trials will usually result in a bench warrant
Failure to appear for traffic tickets will result in suspension of DL and possible driver's license
After indictment, prior to leaving a court notice is prepared setting forth the next... View More
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