E370 1. Recent Cases: Provisional Decal Legal. 2. On DWI, Court can Weigh Mitigating Factors. 3. Upcoming Events

by Kenneth Vercammen, Esq.
Contact

NJ LAWS 370 1. Recent Cases: Provisional Decal Legal. 2. On DWI, Court can Weigh Mitigating Factors. 3. Upcoming Events

1. Provisional Decal Legal. Trautmann v Christie ____ NJ Super. ____ (App. Div. 2011) A-3139-09T3

This appeal challenges Chapter 37 of the Laws of 2009 which requires a driver under the age of twenty-one who holds a permit or provisional license to display a decal so indicating on the automobile he or she drives. The court held that a person's age or age group is not "personal information" protected under the Federal Drivers Privacy Protection Act, 18 U.S.C.S. ยงยง 2721-2725 and that Chapter 37 is therefore not preempted by the federal act. The court also rejects allegations that Chapter 37 violates the affected driver's rights to equal protection and freedom from unreasonable search and seizure.

02-22-11 Source:dailybriefing@njsba-njldailybriefing.com

2. On DWI, Court can Weigh Mitigating and Aggravating Factors. State v Henry ____NJ Super. ____ (Law Div. 2011) Mercer Municipal Appeal 2010-16

In determining the term of incarceration for a defendant convicted of a second DUI offense, the court held that aggravating and mitigating factors prescribed by the Criminal Code, N.J.S.A. 2C:44-1, if appropriately tailored, provide an appropriate guide for the exercise of sentencing discretion, although the factors are not mandated. The court also held that a driver's extremely high blood-alcohol level may be considered an aggravating factor, and does not constitute impermissible double counting of an element of the offense. The court also held that a probationary sentence conditioned on a jail term is authorized by N.J.S.A. 39:5-7, so long as the court imposes at least the mandatory custodial term under N.J.S.A. 39:4-50.

2/10/2011 Source:dailybriefing@njsba-njldailybriefing.com

3. Upcoming Events:

Join us at the Next exciting events. If you can't run or swim you can volunteer

June 17, 2011

Sandy Hookers Triathlon Club Friday night swims at Pier Village, Long Branch then snacks afterwards only $1.00

June 18, 2011

Long Branch Sprint Triathlon Series-1 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch NJ 732-614-6028 Sandyhookers.org

George Sheehan Classic 5 mile 5M, 8:30 Red Bank jsrc.org

June 19, 2011

Happy Father's Dad to my Dad, veteran of Korean War, past president Metuchen First Aid, Senior marcher of Edison Elks in Wildwood Patriotism parade

June 20, 2011

PRESIDENT'S CUP NIGHT RACE, 5K, 8pm, Charlie Browns, Millburn Free beer, big post race party

June 24, 2011

Will seminar at Ken's office

June 25, 2011

Rumson 10 mile, 10 bar Long Branch to Belmar This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Cheap beer Finish at Bar A

June 26, 2011

Yankees Old Timers Day

June 28, 2011

Tuesday night Raritan Valley Road Runners RVRR 5k summer series New Brunswick Buccleuch Park 7pm

June 29, 2011

RVRR pub crawl New Brunswick

July 8, 2011

Vercammen Summer Happy Hour

The 35th Annual Vercammen Summer Blast

Free Food 5-7 Hot & Cold Buffet with carving station

$1.00 Drafts 6-7 [need special wrist band from Ken V]

Games & prizes

We will be at outside bar #1 in the back, near cabana 1, not far from outdoor band duo called the Toxic Twins, who play 5-9

Hydrate for Belmar 5 mile Race the next day

- Meet the "SuperLawyers" of NJ

This is open to your friends. Please if attending also email Ken's Law Office at VercammenLaw@NJLaws.com so we can put your name on the list for wristbands

Appearances by the "Legends of Belmar" and Senator Vercammen

Bar Anticipation

703 16th Avenue

Belmar, NJ

July 9, 2011

Belmar Five Mile Run 5 mile, 8:30am Belmar NJ 732-571-2162 free food at Bar a after race and reduced price beer Contact Ken to join our teams. We need 20 runners who can break 40 minutes for 5 mile. jsrc.org

Editorial Assistance provided by Roman Guzik. Mr. Guzik will be entering his second year of law school at Rutgers - Newark School of Law and is currently participating in our Kenneth Vercammen's summer internship program.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Kenneth Vercammen, Esq., Kenneth Vercammen & Associates, PC | Attorney Advertising

Written by:

Kenneth Vercammen, Esq.
Contact
more
less

Kenneth Vercammen & Associates, PC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.