Ken Vercammen's NJ Laws email newsletter November 27, 2003 #139 Happy Thanksgiving In this issue: 1. Upcoming Community Events 2 Defendant Convicted of School Zone CDS Where Objective Person Could Know Property School Purpose. 3. Video Voyeurism Not Peeping Violation. State v. Burke 362 NJ Super. 55 (App. Div. 2003). 4. More New traffic articles on www.njlaws.com 5 REPRESENTING CLIENTS IN MUNICIPAL COURT- New Book, New Audiotapes, New Seminar, New Ideas to Win! 6. FREEZING COLD HASHING TRAIL RUN Jan 10 _____________________ 1. Upcoming Community Events: Nov. 27- Born to Run 5 mile Charity race- Freehold, NJ [Complimentary beer for runners at Court Jester tavern] Sunday, Nov. 30 Metuchen Christmas Parade December 1, 2003 Drive to work/ restricted license Legislation Update - NJ State Bar Municipal Court Section speaker- Assemblyman Joe Cryan Assem bill 2266, Senate Bill 1380 ____________________________ 2 Defendant Convicted of School Zone CDS Where Objective Person Could Know Property School Purpose. State v. White 360 NJ Super. 406 (App. Div. 2003). Here, the issue raised by defendant was whether "an objectively reasonable person could know that the school property was used regularly, consistently, and actually for school purposes." Here, where defendant was arrested after police found 16 bags of marijuana in the ankle band of his sweat pants within 1,000 feet of a community center where the board of education operates an after-school homework club, the trial judge did not err in denying defendant's motion for judgment on the charge of possession of CDS with intent to distribute within 1,000 feet of a school zone, since the State's evidence was sufficient to allow a reasonable jury to find that the facility was operated for school purposes; however, since defendant disputed whether an objectively reasonable person could know that the property was used regularly, consistently, and actually for school purposes, the trial judge's failure to instruct the jury to resolve that issue was reversible error, and defendant's conviction is reversed and the matter remanded for a new trial. Since the injection of the concept of innocence in a jury charge may tend to reduce the State's burden of proof, the use of the term "guilt or innocence" in a reasonable-doubt charge should be avoided. Source: 172 N.J.L.J. 1106 3. Video Voyeurism Not Peeping Violation. State v. Burke 362 NJ Super. 55 (App. Div. 2003). A prosecution pursuant to N.J.S.A. 2C:18-3c, the so-called "peeping Tom" statute, requires the prohibited "peering into" be from a location outside, and into, the "window or other opening of a dwelling or other structure adapted for overnight accommodations[.]" The conduct engaged in by defendant here can best be described as "video voyeuristic surveillance," consisting of defendant installing within the dwelling a concealed, motion-activated video camera that recorded the activities of his house guests while they were in the bathroom. Such conduct is not criminalized by the language or intent of the "peeping Tom" statute. We cited to authority noting the recent trend of to criminalize video voyeurism that surreptitiously occurs inside a dwelling, and stated it was a matter for the Legislature to address, not the courts. ______________________________________ 4. More New traffic articles on www.njlaws.com 39:4-97.1. Slow speeds as blocking traffic http://www.njlaws.com/slow_speeds_as_blocking_traffic.htm 39:4-97.2 Unsafe Driving http://www.njlaws.com/unsafe_driving.htm 39:4-98.3. 39:4-98.5. sixty-five MPH Speed Limit http://www.njlaws.com/sixty-five_mph_speed_limit.htm 39:4-105. Failure to stop for traffic light http://www.njlaws.com/failure_to_stop_for_traffic_light.htm 39:4-119. Failure to stop at flashing red signal http://www.njlaws.com/failure_to_stop_at_flashing_red_signal.htm 39:4-122. Failure to stop for police whistle http://www.njlaws.com/failure_to_stop_for_police_whistle.htm 39:4-123. Improper Right and left hand turns http://www.njlaws.com/improper_right_and_left_hand_turns.htm _______________________ 5 REPRESENTING CLIENTS IN MUNICIPAL COURT- New Book, New Audiotapes, New Seminar, New Ideas to Win! Thursday, December 4, 2003 - 5:30 PM to 9:30 PM Wellesley Inn (formerly Ramada Inn), Fairfield Saturday, January 24, 2004 - 9:00 AM to 1:00 PM Clarion Hotel, Cherry Hill Sponsored by New Jersey Institute for Continuing Legal Education (ICLE) - BOOK AND AUDIO TAPES AVAILABLE FROM ICLE Speakers: Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers Division Moderator: KENNETH A. VERCAMMEN, ESQ. Former Municipal Prosecutor Editor: ³New Jersey Municipal Court Review² Law Offices of Kenneth A. Vercammen (Edison) Speakers include: HON. STEVEN P. BURKETT Municipal Court Judge (Cherry Hill) (at Cherry Hill) HON. ROY F. McGREADY Municipal Court Judge (Rochelle Park) (at Fairfield) JOHN MENZEL, ESQ. Moore & Menzel (Point Pleasant) (at both sites) MARGARET SULLIVAN, ESQ. Municipal Court Prosecutor in Ridgewood & Glen Rock Municipal Courts (Ridgewood) (at Fairfield) More than four million cases are heard annually in New Jersey¹s municipal courts representing a great opportunity for a substantial amount of new business for your firm. Issues range from drug and alcohol-related offenses and local ordinance violations to drunk driving and disorderly conduct. During the past few years, municipal court rules and statutes have undergone significant changes. In order to effectively handle municipal court cases, you must keep up to date with recent developments in the law. This program will offer practical pointers for representing your clients in municipal court, and bring you up to date with recent changes in the law. The program (formerly called ³Municipal Court - Winning Strategies²) features Kenneth A. Vercammen, Esq., municipal court defense attorney and former prosecutor. He will be joined by a municipal court judge and other experienced municipal court attorneys. You¹ll learn from those in the know how to gain the competitive edge for your client. AGENDA 5:30 Introduction 5:40 Criminal and DWI Case Law Update 6:30 Procedures and expectations from the Bench; Acceptable proofs in certain situations 7:15 Refreshment break 7:30 Plea bargaining rules and guidelines - No insurance cases - Driving while suspended cases - Assault cases - No point violation cases 8:15 DWI and the 7110 9:15 Ask the experts LEARN PROVEN STRATEGIES FOR REPRESENTING YOUR CLIENTS IN MUNICIPAL COURT, INCLUDINGŠ € Drunk driving ­ New challenges to Breathalyzer and blood test results € Status of the 7100 breath test machine litigation € Driving while suspended ­ Avoiding the fine € Criminal cases and ordinances € Drug recognition expert cross-examination € Forms, motions, and demand letters € Criminal case law developments € New laws and pending legislation € How to impress the court and not annoy the court staff ŠPLUS a special session on ³Ask the Experts² Fees to Attend are between $89 and $129 Audio Cassette Tapes and book only $139 New Jersey Institute for Continuing Legal Education ICLE One Constitution Square, New Brunswick, New Jersey 08901-1500 Phone: (732)214-8500 Fax: (732)249-0383 Email: customerservice@njicle.com DWI practice is rapidly changing in New Jersey, with the introduction of a new breath test machine, the possible introduction of a new portable breath test machine, and a new fifteen step Breathalyzer check list. The per se level of intoxication may also be lowered from .10% BAC to .08% BAC as a result of pending legislation. One speaker will also provide timely information on the new Alcotest Mark III MK breath test machine that is scheduled to replace the Breathalyzer Model 900 and 900A, used in New Jersey for the past thirty years. He will also discuss the science and operation of this new breath test machine, and consider its impact on breath testing in New Jersey. This information is critical for attorneys who represent defendants or prosecutes in DWI matters. NEW BREATH TEST MACHINE, LOWER PER SE LEVEL AND RECENT CASES IMPACT YOUR CLIENT IN A DWI MATTER, INCLUDINGŠ € Alcotest Mark III MK Breath Test Machine: science, operation, and impact on breath testing in New Jersey € Portable Breath Test Machine ­ potential use in the field by officers in establishing probable cause before an arrest € New Fifteen Step Checklist ­ use in determining whether Breathalyzer operation is proper in establishing a per se violation € Recent developments in DWI legislation and Court Rules SEMINAR FEES Tuition includes refreshments and seminar materials. CREDITS € Trial Attorney Certification: 3.75 criminal credits pending € PA CLE: 3.5 substantive credits pending ($16 fee ­ separate check payable to ICLE must be submitted at the end of the program) € NY CLE: 4.5 professional practice credits € NJAPM: 3.75 credits Pregistration $85- $110 [call ICLE] DOOR REGISTRATIONS $129 Can't Attend? Audio Cassette Tapes/Materials Item No. CP52503f $139 $110* CD/Materials Item No. CDP52503f $139 New Jersey Institute for Continuing Legal Education One Constitution Square, New Brunswick, New Jersey 08901-1520 Phone: (732)214-8500 Fax: (732)249-0383 Email: customerservice@njicle.com http://www.njicle.com ____________________________ 6. FREEZING COLD HASHING TRAIL RUN Sat. Jan. 10, 2004 10:17am 4 -6 MILE GROUP RUN START: Kenneth Vercammen Law Office, NJ Personal Injury Law Center, 2053 Woodbridge Ave., Edison, NJ [near the Nixon Post Office and Green Derby Bar] The Hash House Harriers again return to some of the last remaining woods of Edison. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex course through woods, grass, and marsh. COST: NO FEE TO RUN. $5.00 FOR THE ON-ON BREWS. Wear old running shoes. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense a humor is a must. This will be run through snow, cold, storms, wind and rain. Tired of the same old neighborhood roads, traffic and bad drivers? Join the off-road runners for a great and unusual training run. THE ON-ON SOCIALIZING (POST RUN) As soon as we are finished, we participate in the "On-On" for beverages and socializing. We will visit the nearby Green Derby Bar on Woodbridge Ave, Edison for Cold beer, pretzels, beer, clean restrooms, beer & heat. EXOTIC FOODS AVAILABLE, INCLUDING traditional Tentacles, PIGEON, AND MYSTERY ANIMAL. Brought to you by the Rumson Hash House Harriers. For information, contact trail run organizer KENNETH VERCAMMEN, Esq. New Office Phone 732-572-0500 Directions to this and the weekly hashes held every Saturday at 10:17 at various locations in Monmouth and Middlesex Counties, call the Rumson Hash House Harriers Hot Line 732-219-0301 Directions to Woodbridge Ave., Edison, at www.njlaws.com. _________________________ 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. 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