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

by Kenneth Vercammen, Esq.

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.

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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.

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