Ken Vercammen's NJ Laws email newsletter December 14, 2003 #142 In this issue: 1. Judge Rules New Alcohol Breath Test Machine "Accurate" and "Reliable" 2. Legal Seminars on new Alcohol Breath 7110 Alcotest machine- Jan. 5 and Jan. 24 3 Gift Certificates for Wills & Legal Services 4 Next community event: Morris Mauler 5k Trail/X-Country Race 5 Clients now to hold Original Will 6. New traffic articles this week on Website www.njlaws.com 7. More Holiday gifts to clients and friends- Soda/Beer can foam holders _______________________ 1. Judge Rules New Alcohol Breath Test "Accurate" and "Reliable" A new evidential alcohol breath test known as the Alcotest 7110 is "scientifically accurate and reliable" to measure blood-alcohol percentage. In his written decision, Assignment Judge Francis J. Orlando Jr. of the state Superior Court in Camden ruled that, because they are scientifically sound, Alcotest readings "therefore will be admitted into evidence without the need for expert testimony." The device uses infrared light and electrochemical cell technology to determine the presence of ethanol in a breath sample. The Alcotest 7110 was placed in operation in Pennsauken Township between December 2000 and December 2001. The device was used to produce Alcohol Influence Reports on 357 people during those 13 months. Approximately 20 defendants in cases of alleged Driving While Intoxicated in Pennsauken challenged the scientific reliability of Alcotest 7110. The Camden County Prosecutor's Office applied to the Superior Court for a consolidated hearing, which the court granted. Judge Orlando heard testimony between Sept. 8, 2003, and Oct. 14, 2003. This decision clearly has statewide impact. In his decision, Judge Orlando noted that during the 13 months the device was used in Pennsauken, "a high and unacceptable number of persons who attempted to deliver a breath sample ... were charged with refusal to submit to a chemical test" in violation of New Jersey motor vehicle law. Some of those people, were "seemingly making a good faith effort to deliver a breath sample," Orlando concluded. No Refusals can be charged- "New Jersey must make changes in the software/firmware's requirements for the 7110 and/or instructions given to those who are about to use the instrument," Orlando wrote. "Until this problem is eliminated, no person who delivers a breath sample of 0.5 liters of air or greater ... may be charged with refusal." Attorney General Harvey stated that, "The State is aware of the issue and is in the process of taking steps to address it." 2. Legal Seminars on new 7110 Alcotest machine- Jan. 5 and Jan. 24 Two seminars will be held to discuss this decision and the 7110 machine, which will now be adopted by almost every police department in New Jersey. Monday, January 5- Jeffrey E. Gold, Esq., the lead attorney in the 7110 breath test machine case, will be the new speaker at the January 5, 2003 meeting of the NJ State Bar Association Municipal Court Practice Section. There is no fee for Section members to attend, but you must join the section for only $25 for the year. All meetings of the Municipal Court Practice Section are held at the NJ Law Center, New Brunswick. All meetings are free to Section members. For more information on future meetings or to join, contact the Meetings Department at 732-249-5000, or www.njsba.com. Saturday, January 24, 2004 - 9:00 AM to 1:00 PM Clarion Hotel, Cherry Hill Speakers include JOHN MENZEL, ESQ., one of the trial attorneys in the 7110 breath test machine case. LEARN PROVEN STRATEGIES FOR REPRESENTING YOUR CLIENTS IN MUNICIPAL COURT, INCLUDINGS ? Drunk driving ­ New challenges to Breathalyzer and blood test results ? Status of the 7100 breath test machine litigation 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 John Menzel 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. __________________________ 3 Gift Certificates for Wills & Legal Services A Unique Holiday Gift Idea! ............................................................. Gift Certificates for Wills & Legal Services During the Holiday season, we often buy gifts for our family and friends. May we suggest a holiday gift which truly shows how much you care. Purchase a Will Gift Certificate for loved ones. Secure their interests and make sure proper planning is done. The Law Office of Kenneth Vercammen's Holiday special includes: ?A Simple Will without Trust ? Office Consultation on Estate Planning - All for only $200.00! - Call 732-572-0500 for the Gift Certificate Other Legal Services for Gift Certificates: -Traffic Tickets -Demand Letters -Litigation -Collections Will Preparation ADVICE AND WILL PREPARATION: SERVICES TO BE PROVIDED 1. Office interview with client, 2. Review Will Questionnaire filled out by client. 3. Obtain information such as name, address and telephone number. 4. Obtain information regarding value of real estate, life insurance and other assets. 5. Obtain information regarding distribution of estate and selection of beneficiaries. 6. Obtain information regarding names of family members. 7. Discuss possible individuals to serve as Executor. 8. Discuss provisions regarding Power of Attorney, Probate and Living Will, answer legal questions. 9. Provide explanation brochures on Wills, Power of Attorney, Living Wills, Answers to Questions about Probate, Website/ Elder Law on the Internet and other brochures available. 10. Provide free pen, magnet. Legal information also available on website www.njlaws.com and attend to opening of file. 11. Preparation of draft Will and Testament with Provisions regarding debts and taxes, distribution of estate, Trust for beneficiaries under 21, provisions for Executors, include provisions regarding no bond required and self- proving Will meaning family will not need to locate witnesses later. 12. Preparation of index of Last Will, Preparation of Will Envelope. 13. Prepare letter to client enclosing draft of Will for client to carefully read. 14. Office conference, attend to execution/ signing of Last Will and Testament, -Answer Questions and explain provisions. 15. Preparation of post Will letter to client KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 website: www.njlaws.com _____________________________ 4 Next community event: Morris Mauler 5k Trail/X-Country Race December 21, 2003 łThe toughest, nastiest, meanest, 5k race in New Jersey˛ Lewis Morris Park Time: 10:30 Start Near Jockey Hollow National Park. Contact 908-229-9687 or 908-295-8580 for more information. REGISTER ON-LINE AT www.active.com I will be running the Morris Mauler Dec 21. Can I hitch a ride with someone from East Brunswick, Edison, Highland Park area to Morris Mauler? ____________________________ 5. Clients now to hold Original Will Greetings and reminder to all past Will and Estate Planning Clients Based on recent Supreme Court Committee Opinion 692, we are no longer permitted to help clients by keeping original Wills in our office. Since Wills are property of the client, the Will should now be kept by the client. Since May, 2003 we give our clients the Original signed Will to take home. We moved from Metuchen to our new building in Edison on July 22, 2003. If you have a Will, take it out and see if you have the original. If you have the original, there is nothing you need to do. If my office had your original Will in our prior law office in Metuchen, you need to do the following: 1- Call & make an appointment to pick up your original Will prior to December 31, 2003 or 2. Send a stamped, self addressed envelope with a short letter indicating you will keep the original Will. Also, if our office prepared a Will, and you have since prepared another Will, please return this email and indicate a new Will was prepared. We are requesting all clients provide us with their e-mail address, and the email address of your Executor. We will be sending an email in January regarding changes in Probate and tax issues. This information will not be mailed. It can be picked up in our new reception room if you and your Executor do not have email. You should also advise your Executors where you will be storing your original Will. If you already have your original Will, please make sure the Executor knows where your original Will is located. __________________ 6. New traffic articles this week on Website www.njlaws.com 39:4-124. Improper turn from approved turning course http://www.njlaws.com/improper_turn_from_approved_turning_course.htm 39:4-125. Improper U turn http://www.njlaws.com/improper_u_turn.htm 39:4-126. http://www.njlaws.com/failure_to_give_proper_signal.htmlure to give proper signal 39:4-127. Improper Backing or turning in street http://www.njlaws.com/improper_backing_or_turning_in_street.htm 39:4-127.1. improper crossing at railroad grade http://www.njlaws.com/improper_crossing_at_railroad_grade.htm 39:4-127.2. Improper crossing at bridge http://www.njlaws.com/improper_crossing_at_bridge.htm ___________________ 7. More Holiday gifts to clients and friends- Soda/Beer can foam holders While bringing down 3 boxes of Christmas decorations, I found a box of 125 Soda/Beer can foam holders. Free for clients and friends. Stop in our reception area to pick one up. _________________________ Thank you for reading our newsletter! God Bless America USA #1 Kenneth Vercammen [former 8 Year Committeeman in Edison} Past Judicial Law Clerk- Hon. Harry Cole, Court of Appeals of Maryland, their Supreme Court. Judge Harry Cole was the first African-American to serve on Maryland's highest court. 2053 Woodbridge Ave. Edison, NJ 08817 NEW PHONE 732-572-0500 New (Fax) 732-572-0030 website: www.njlaws.com We handle accident cases where people have been injured because of the negligence of others. Put our experience to work for you. Editor's Note and Disclaimer: All materials Copyright 2003-2004. 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.