Ken Vercammen's NJ Laws email newsletter March 9, 2003 #118 In this issue: 1. Charity Running Races Spring- Summer 2003 2- Recent Criminal and drug cases 3. Documents an Injured Person Can be required to Provide to the defendant's attorney ____________ 1. Charity Running Races Spring- Summer 2003 Links to Running Clubs and charity Races at www.njlaws.com March 16 St. Paddy 5k and 10 mile Freehold March 23 Equinox 20K Johnson Park, Piscataway March 30 Indian Trails 15k and 5k Middletown April 5 D & R Canal 5k April 6 Run for Aimee 5k April 12 Colonia 5k April 19 Daytona Beach run 5k April 26 Promise Run 5k New Brunswick May 3 Plainfield 5k April 26 Red Bank 5k 9am or Bar A 5k 10am April 27 Lincoln Tunnel 5k 9am May 4 Summit 5m USATF- late start 1pm or Rumson Run 5m 9:30 May 10 Metuchen Berringer House 5k 8:30am, Metuchen, 732-549-9440 (NBGP-500pts).[Ken also has applications for this race] May 10 Edison 5k 9:30 May 18 Midland 15k [Men and Women- join the RVRR racing team] May 24 Spring Lake 5 8:30 May 31 Hillsborough 5k June 7 Fear the Pier 5k- Leonardo June 7 RVRR Training group run June 7 Metuchen YMCA 5k June 8 Old Bridge 5k 9am June 8 Cape May 5k June __ June Fete 10K June 16 The President's Cup Night Race in Millburn - Open Women's 5K. FREE BEER June ___ Trenton Night race and party June 20 June Moon 5k 7:15 June 21 Harvey's Lake Pennsylvania 8 mile race [2nd leg of Wyoming Valley Road Runners triple crown. Ken V won first Master's race on May 27 in Forty Fort 5 milers (29:43) June 22 Cleveland area 5k July 12 Belmar 5 8:30 July 19 - Teterboro Airport 5K Run 8:30- Masters Men and Masters Women. Aug. 9 Sheehan Classic TBA: June, July, Aug. RVRR 5K 7pm ________________________ 2- Recent Criminal and drug cases No Search of Fanny Pack Permitted If No Arrest. State v. Todd ___ NJ Super. ___ A-2675-00T4 (App. Div.) We reverse the denial of defendant's motion to suppress the search of a fanny pack he was carrying, which was made after a valid Terry at 3:30 a.m., within minutes of and near the scene of a burglary, in order to enable the police officer to determine that it did not contain weapons prior to transporting defendant in the police car to the burglary scene for a show-up identification. The search was not constitutionally supportable on any basis, including (1) as a search incident to an arrest, because even though the officer had probable cause to arrest defendant, he had not then been arrested and actually was not arrested until considerably later; (2) as a search to prevent immediate harm, inasmuch as the officer did not believe that defendant was armed and dangerous; and (3) as a consent search, inasmuch as defendant was not informed of his right to consent. Suppression Granted. - If Police Thwart Independent Test, DWI Breath Test Inadmissible. State v. Greeley ___ NJ Super. ___ A-1725-01T (App. Div.) Denial of motion to suppress results of breathalyzer and conviction for driving while intoxicated are reversed. Police department's refusal to release the defendant except into the custody of a relative or friend or upon demonstration of a return to sobriety effectively nullified the exercise of defendant's right to independent testing under N.J.S.A. 39:4-50.2. The lack of any formal policy regarding release, coupled with the imposition on this defendant of conditions of release the police knew he could not meet and which were not dictated by the objective indicia of insobriety impermissibly thwarted the defendant's ability to exercise the right to testing that he had requested. The right to have an independent blood test or other diagnostic procedure performed following submission to breathalyzer analysis is statutory; however, although N.J.S.A. 39:4-50.2 (c) mandates that the person charged with drunk driving be permitted to have the tests performed and be advised of that right, (d) provides no guidelines and establishes no uniform statewide regulations for the protection of that right; as a result, courts have addressed the issue of the right to independent testing and its protection on a case-by-case basis, focusing on whether an absence of procedures, or restrictive procedures, has thwarted the exercise of right. Source: 170 N.J.L.J. 329 __________________ 3. Documents an Injured Person Can be required to Provide to the defendant's attorney An injured person if they bring a suit for damages must answer Court Rule Questions called Interrogatories. The injured person is also required to provide photocopies of documents If answers and documents are not provided the injured person's case can be dismissed. The following are some of the Request for documents the insurance company will demand from the plaintiff in a personal injury case. REQUEST FOR PRODUCTION OF DOCUMENTS - ACCIDENT TO PLAINTIFF RECORDS TO BE PRODUCED 1. All documents relating to the statements of witnesses to the occurrence alleged in your complaint including witnesses who were within sight or hearing of the occurrence or have knowledge from any source as to how it is thought to have occurred. 2. All documents relating to statements of any of the individual parties herein or officers or managing agents of any corporate parties herein. 3. All documents relating to the manner of the occurrence, the events giving rise or leading up to it and the cause thereof, other than any statements of witnesses or parties produced in response to any of the preceding requests. 4. All photographs of the scene of the occurrence. 5. All documents relating to the conditions at the scene of the occurrence (e.g., where appropriate, roadway, surface, weather, construction, traffic signals or signs) at the time of plaintiff's accident. 6. All documents relating to the investigation of the occurrence by or on behalf of any party herein other than those produced in response to any of the preceding requests. 7. All documents relating to the inspection or supervision of activities, if any, at the scene of the occurrence and at the time thereto. 8. All documents relating to complaints to defendant about the premises. 9. All documents in the nature of any expert reports concerning the explanation for or cause of the occurrence. 10. All documents relating to any claims that the Plaintiff sustained financial loss as a result of the occurrence in question, included, but not limited to, W-2 forms and tax returns. 11. All documents relating to the identity of any statute, ordinance or governmental code which it is alleged was violated by any party herein except as already produced in response to any preceding request. 12. Copies of any and all medical reports, bills, summaries, invoices, hospital discharge summaries and any other documents authored by any medical personnel relating to the treatment of the Plaintiff, diagnosis of any injuries and the prognoses of any recovery as a result of this incident. 13. Executed IRS Authorization in the form required by the Federal Government for the five years prior to the date of the incident or certified copies of all IRS tax returns for this period of time. 14. Plaintiff's W-2 forms for the five years prior to the date of the incident. 15. Executed Authorization to obtain personnel records from plaintiff's employer on the date of plaintiff's accident or copies of such personnel records. 16. Executed Authorization to obtain disability records or copies of disability records. 17. Executed Authorization to obtain worker's compensation records or copies of such records. 18. Copies of reports of any and all laboratory tests, CT scans, EEGs, EKGs, X-rays and any other tests taken as a result of the injuries allegedly sustained in this accident. 19. All documents relating or referring to prior litigation plaintiff was involved in prior to or after plaintiff's present litigation, including, but not limited to, pleadings, deposition transcripts, interrogatory answers and expert witness reports. _______ Thank you for reading our newsletter! God Bless America Kenneth Vercammen (Phone) 732-906-2180 (Fax) 732-906-2155 website: www.njlaws.com Editor's Note and Disclaimer: All materials Copyright 2002. 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 our 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.