Ken Vercammen's NJ Laws email newsletter September 30, 2003 #136 In this issue: 1. OK for Police to Follow Drunk into Garage 2. OK for Police to Stop for Tint on Plate 3. Sharing of Drugs Not Distribution 4. CALENDAR OF FUN COMMUNITY EVENTS, SEMINARS and RUNNING RACES ___________________ 1. OK for Police to Follow Drunk into Garage. State v. Nikola, 821 A.2d 110 (N.J. App. Div. 2003). A police officer, who has temporarily detained a motorist outside her garage based on probable cause that she had been driving while under the influence, may follow the motorist into her garage while she retrieves her driving credentials and then arrest her without a warrant. 2. OK for Police to Stop for Tint on Plate. State in the Interest of D.K., 360 NJ Super. 49 (App. Div. 2003). N.J.S.A. 39:3-33 and 39:3-77, especially when read with N.J.A.C. 13:20-32.4(b)6 and 13:20-33.4(b)6, prohibit the use of glass or plastic covers on motor vehicle license plates that serve to obscure the platesı markings. Thus, a motor vehicle stop premised on the temporary illegibility of a rear license plate is valid, and the fruits of that stop, consisting of the marijuana that the defendant juvenile was trying to dispose of by eating, was admissible in evidence against the juvenile. A police officer has ³reasonable and articulable suspicion² that a motor vehicle offense has just occurred that justifies a stop of a motor vehicle when the vehicleıs license plate is ³obscured² by a tinted plastic covering. 3. Sharing of Drugs Not Distribution. State v. Lopez, State v. Garcia, 359 NJ Super. 222 (App. Div. 2003). We conclude that, as a matter of law, the sharing of drugs by individuals in joint possession of the drugs does not constitute ³intent to distribute² within the meaning of N.J.S.A. 2C:35-5 and N.J.S.A. 2C:35-7. The prosecutorıs assertion to the jury that a finding of ³intent to distribute² could be based on evidence of drug sharing between the two defendants in joint possession of the drugs was a material misstatement of law. In the context of the evidence presented here, the trial courtıs failure to correct this material misstatement of law amounted to plain error, R. 2:10-2, requiring reversal of defendantıs convictions. ______________________ 4. CALENDAR OF FUN COMMUNITY EVENTS, SEMINARS and RUNNING RACES Fall 2003 Oct. 4 Metuchen Fair Oct. 9- Middlesex Bar Judicial Breakfast- Antonia, New Brunswick Oct. 10- Knights of Columbus Spaghetti dinner 5-8pm Oct. 15 Edison Chamber of Commerce breakfast Oct. 15 Middlesex Bar Dinner Oct. 27 NJ State Bar Municipal Court Section Meeting 4-6pm Speaker- Prosecutor Kip Bateman Nov. 6-9 NJ State Bar Mid Year Paradise Island, Bahamas Nov. 13 Edison Chamber of Commerce Business Card Exchange 6-8 held at KENNETH VERCAMMEN & ASSOCIATES, PC; ATTORNEY AT LAW; 2053 Woodbridge Ave.; Edison, NJ 08817 Charity running races: Oct. 4 9 5K Carnegie NAI Fennelly Run for The Parkinson Alliance, West Windsor This is a good one! Oct. 5 EAST BRUNSWICK ROAD RACES 10K & 5K, Crystal Springs Aquatic Center-East Bruns., 10k 1:15pm, Oct. 19 9 AM 5K Race for Cure Princeton/ Lawrenceville Oct. 11 10:17 AM, 6.5 M, The Rat Race, Camp Evans, Wall, NJ 732-747-5310 beer Nov. 9 6.67 M Annual Hashathon, Cheesequake State Park, beer Nov. 22 Turkey Troy 5k Somerset Nov. 22 Manasquan 5m Fri. 11-28 11 AM 5M The Born to Run 5M. FARC. American Hotel, Freehold, N.J. beer _________________________ 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.