Ken Vercammen's NJ Laws email newsletter September 1, 2003 #133 In this issue: 1. WHAT TO DO IF INJURED IN A HIT AND RUN 2. Hiring an Attorney to Reduce License Suspensions at Motor Vehicle Services-MVC/DMV Hearings 3. Running Club member Ken Vercammen wins Hook O'malley 5K 4. Office opening social for friends of Cynthia Vercammen ________ 1. WHAT TO DO IF INJURED IN A HIT AND RUN Even the most seasoned driver must be prepared at all times for the unforeseen danger of automobile drivers who are not paying attention to the road. Hopefully you will be able to maneuver around the danger but sometimes you will not be that lucky. If the other driver stops and exchanges pertinent accident information, you have a good chance of recovering your damages...but what if they don¹t? There¹s a likely chance that you may be involved in a HIT AND RUN at some point. Unfortunately, many drivers currently using our roads are driving without licenses or insurance, or had multiple suspensions. These circumstances make them far more likely to leave the scene of the accident. If you have been the victim of a hit and run accident, there are a few things that you must remember. 1. An altercation with the ³suspect² may result in far more serious problems. 2. If at all possible, get the license plate number of the vehicle. 3. Call 911 immediately. Provide the police with as much information as you can about the other driver. Make, model, color of car, physical description of the driver if you are able to see them, and most importantly, the direction they are traveling. The police may issue a notice to nearby towns to pursue the suspect vehicle and also send a unit to assist you. 4. Talk with as many witnesses as you can. Make sure you ask for their name, address, and telephone number and ask them (beg if you must) to please wait for the police to arrive so that they can give a statement while their memories are fresh. 5. Protect the accident scene. Even the smallest piece of evidence could carry a ³signature² of the other driver. For example: lenses from headlights and taillights (often smashed during the accident) carry a code from the DOT that marks the make, model, and year of the vehicle. This evidence will certainly help to narrow the search. Carry a small camera in your car. INSIST to the police to write up a police report. Increase your uninsured motorist coverage on your insurance. If you are injured in a hit and run, we often are still able to help you obtain money compensation from the Unsatisfied Claim and Judgment Fund or from your own insurance company. Most drivers in New Jersey have uninsured motorist coverage to protect them if they are seriously injured in a hit and run accident. Call Kenneth A. Vercammen to schedule an ³in-office² consultation. Bring your insurance declaration sheet, insurance policy, and the accident report. _________________________________ 2. Hiring an Attorney to Reduce License Suspensions at Motor Vehicle Services-MVC/DMV Hearings By Kenneth Vercammen 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 driver's 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. DEFENSES A valid suspension of a driver's license cannot be effectuated in the absence of a written notice to the licensee at his or her last known address. This notice must recite the fact that the suspension will take place and provide the date of commencement of the suspension. State v. Kindler 191 N.J. Super. 358,360 (Law Div 1983). Failure to appear for a summons is not a substitute for the written notice required by the statute, Id at 361. 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. The following details the length of suspensions if no hearing is requested in writing. N.J.A.C. 13:19-10.2 Point Accumulation; period of suspension (a) The Director shall, except for good cause, suspend a person's license to operate a motor vehicle and/or motorized bicycle in accordance with the following schedule: POINTS ACCUMULATED PERIOD OF SUSPENSION 12 to 15 points in a period of two years or less; 30 days 16 to 18 points in a period of two years or less; 60 days 19 to 21 points in a period of two years or less; 90 days 22 to 24 points in a period of two years or less; 120 days 25 to 27 points in a period of two years or less; 150 days 28 or more points in a period of two years or less; not less than 180 days 15 to 18 points in a period greater than two years; 30 days 19 to 22 points in a period greater than two years; 60 days 23 to 26 points in a period greater than two years; 90 days 27 to 30 points in a period greater than two years; 120 days 31 to 35 points in a period greater than two years; 150 days 36 or more points in a period greater than two years; no less than 180 days 12 to 14 points in a period greater than two years; 30 days (b) For good cause shown, the Director may in his discretion permit a person to attend a driver improvement course of the Motor Vehicle Commission/Division of Motor Vehicles in total or partial satisfaction of a period of suspension imposed under (a) noted above. In exercising his or her discretion, the Director shall consider the person's driving record, prior warnings, driver improvement school attendance, maturity, and any other aggravating or mitigating factors. Protect your Rights. Before you plea guilty and face potentially thousands of dollars in fees and surcharges, speak with an attorney who is experienced in handling these matters. _____________________________________ 3. Scranton SOAR Running Club member Ken Vercammen wins Hook O'malley 5K fundraiser run against Cancer on August 24 at Scranton's McDade Park 18:29 uphill Photo was in Scranton Times and finish of race on Channel 22 TV In our next newsletter we will feature upcoming community events and charity running races. _______________________ 4. Office opening social for friends of Cynthia Vercammen - Friday September 5 6-8 pm ________________________ Thank you for reading our newsletter! God Bless America USA #1 Kenneth Vercammen 2053 Woodbridge Ave. Edison, NJ 08817 NEW PHONE 732-572-0500 New (Fax) 732-572-0030 website: www.njlaws.com Editor's Note and Disclaimer: All materials Copyright 2003. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included. Always schedule an office appointment with an experienced attorney when you have a legal matter. The Rules of Court limit an attorney's ability to discuss matters over the phone. If you have legal questions, you should schedule an in- office consultation. REMOVALS TO BE DONE BY WEBMASTER LONEKEEP.COM To remove, just email back & type in subject remove. Removals are performed by the webmaster once per month.