Ken Vercammen's NJ Laws email newsletter May 4, 2003 #125 In this issue: 1. Calendar of Events and Charity races 2 School Zone Speeding Not Guilty Where No Testimony Children In Area. 3. DWI and Drug Cases-How to Win At Trial Seminar 4. Law Unconstitutional which Barred Underinsured Person From Bringing Suit For Injuries 5. Fire and First Aid Have Partial Immunity Under Tort Claims Act. ________ 1. Calendar of Events and Charity races DATE: Monday, May 5, 2003 MUNICIPAL COURT PRACTICE COMMITTEE MIDDLESEX COUNTY BAR ASSOCIATION The MCBA's Municipal Court Practice Committee will hold its next meeting May 5, TIME: 5:30 P.M. - 6:30 P.M. PLACE: LAW OFFICE OF KENNETH VERCAMMEN, ESQ. 406 MAIN STREET METUCHEN, NJ 08840 (732) 906-2180 TOPIC: How to Cross- Examine & What Not to Do SPEAKER: Norma Murgado, Asst. Prosecutor Woodbridge and Elizabeth May 16 NJSBA Convention- DWI Seminar [see below] May 21 Middlesex Bar- Cornucopia Princess Cruise- $ May 24 Legends Return. Opening night Belmar Bars. Start at D' Jays Ocean Ave, Belmar June 6,7,8 Elks Convention- Wildwood June 28 Edison Elks Family Picnic Charity running races: May 10 Metuchen Berringer House 5k 8:30am, Metuchen, 732-549-9440 (NBGP-500pts).[Ken's office also has applications for this race] May 10 Edison 5k 9:30 May 18 Midland 15k May 18 South Brunswick 5k and bike tour May 24 Spring Lake 5 mile 8:30 _______________ 2 School Zone Speeding Not Guilty Where No Testimony Children In Area. State v. Bandler. The defendant's conviction for speeding in a school zone must be reversed, since the record is wholly lacking of the evidence necessary for finding that defendant violated the statute, to wit, not only that he was speeding in the zone, but that, at the time the defendant did so, it was either during recess, when children were clearly visible from the roadway, or that the violation occurred during the opening or closing hours of school, while children were going to or leaving the area. Source: 170 N.J.L.J. 899 (Unreported) ____________________ 3. DWI and Drug Cases-How to Win At Trial Seminar New Jersey State Bar Association Annual Meeting Program MUNICIPAL COURT PRACTICE SECTION, NJ INSTITUTE FOR CONTINUING LEGAL EDUCATION (ICLE), GENERAL PRACTICE SECTION and YOUNG LAWYERS DIVISION Friday May 16, 2003 1:30pm-3pm Atlantic City- Speakers: Kenneth A. Vercammen, Esq. Arnold Fishman, Esq. Paul Kreisinger, Esq. Topics: * Recent Cases Involving DWI or Drugs * Blood Test Admissibility in a DWI or Drug Case * The Horizontal Gaze Nystagmus Test * Suppression and other Pre-trial Motions * Field Sobriety Tests * The New 7110 Breathalyzer Testing Machine- One of the top attorneys currently handling the case in Camden County will discuss pending motions in the Law Division One speaker will also provide updated 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 plaintiffs or defendants in DWI matters. SPEAKERS WILL DISCUSS : € Alcotest Mark III MK Breath Test Machine: science, operation, and impact on breath testing in New Jersey € 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 Free Materials including NJ Municipal Court Law Review www.njlaws.com For details, call NJSBA at 732-249-5000 for meeting registration or Ken Vercammen for program information 732-906-2180 _________________ 4. Law Unconstitutional which Barred Underinsured Person From Bringing Suit For Injuries. Caviglia and Caviglia v. Royal Tours of America et al. ___ NJ Super. ___ A-3493-01T3F (App. Div. November 8, 2002). N.J.S.A. 39:6A-4.5 bars a cause of action for both economic and non-economic damages by an uninsured injured driver against the tortfeasor. The total preclusion of all opportunity for any recovery was held unconstitutional on both equal protection and due process grounds. 5. Fire and First Aid Have Partial Immunity Under Tort Claims Act. Pallister v. Spotswood First Aid Squad. ___ NJ Super. ___ A-1181-01T1 (App. Div. November 22, 2002). Like volunteer fire companies and their members, volunteer first aid squads and rescue squads and their members are entitled to immunity under N.J.S.A. 2A: 53A-12 and -13.1. Therefore, notwithstanding the exception from immunity for injuries arising from the "operation of any motor vehicle in connection" with the rendering of their protected services, the Tort Claims Act verbal threshold must be satisfied. Source: 11 NJL 2312 ________________________ God Bless our Military and their Families. United we stand, Divided we fall Thank you for reading our newsletter! God Bless America USA #1 Kenneth Vercammen (Phone) 732-906-2180 (Fax) 732-906-2155 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 or body remove. Removals are performed by the webmaster once per month.