E263 December 12, 2007

NJ Laws Email E263 December 12, 2007 Kenneth Vercammen, Attorney at Law 732-572-0500 In this issue: 1 Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.

2. Recent Cases: In Criminal Fatal Accident it is Not Unconstitutional that Driver Required to Stay at Scene 3. Santa Claus Welcomes You to Claus.com 4. Holly Jolly Christmas lyrics 5. FREEZING COLD HASH RUN Sat. Jan. 5, 2008 10:00am 4 -6 MILE GROUP RUN 6. Congratulations to Jerry Fennelly, Entrepreneur of the Year Princeton Regional Chamber of Commerce 7. Recent articles added to website http://www.njlaws.com/alphabetical_index.htm:

1 Season's greetings from Kenneth Vercammen, Esq., his family and Frizby the racing dog.

See Christmas/ Holiday photo with world’s fastest dog at http://www.njlaws.com/holiday2007.htm The Holiday / Christmas time is the Season for giving. Therefore, instead of mailing out cards to businesses, we will be making a donation to the St. James Food Bank located at 2136 Woodbridge Ave, Edison, NJ and offering to following gifts to friends and clients: - T-Shirts "My attorney fights to win" - Can Coozies - Water Bottles - USA Key Chains - Refrigerator Magnet Clips - 2008 Flag Calendar- America the Beautiful - Wallet 2008 Calendar - Wallet Size "What to do in accident

2. Recent Cases: In Criminal Fatal Accident it is Not Unconstitutional that Driver Required to Stay at Scene. State v. Fisher 395 NJ Super. 533 (App. Div. 2007) Pursuant to N.J.S.A. 2C:11-5., a driver involved in a motor vehicle accident that results in a death of another person is guilty of a crime if the driver fails to comply with the requirements of N.J.S.A. 39:4-129. The driver must either remain at the scene to provide his or her driving credentials to designated persons or report the accident and his or her identity to the nearest officer of the local police department, county police or the State Police. Compliance with those requirements would preclude prosecution under N.J.S.A. 2C:11-5.1.

Moreover, compliance with those requirements would not violate the driver's privilege against self-incrimination. As the United States Supreme Court recognized in California v. Byers, disclosure of name and address is essentially a neutral act and most accidents occur without creating criminal liability. Under the facts of this case, there was no reasonable bases for the driver to apprehend prosecution, inasmuch as the decedent had been crouching or lying near the middle of the road. If, under different facts, compliance with the statutory requirements did pose a legitimate risk of selfincrimination, it might be necessary to accord compliant drivers use or derivative-use immunity as outlined in State v. Patton.

3. Santa Claus Welcomes You to Claus.com CLAUS.COM is one of the top-rated Santa Claus websites and is known around the world.

Santa Claus has the North Pole Village full of fun things to do for both kids and parents, including lots of new things this year. Check your Naughty or Nice rating. Choose your very own Elf Buddy. Play games in Elf School. Print your Honorary Elf Diploma. Sing along with new original Christmas songs. Try funny holiday recipes. Visit the amazing Toy Workshop. Send E-mail to Santa Claus. Follow Santa Claus in his sleigh on Christmas Eve. See how many cookies Santa Claus eats on his trip. Wonderful illustrations and a creative family experience. http://www.claus.com/index.php 4. Holly Jolly Christmas lyrics Have a holly, jolly Christmas, It's the best time of the year I don't know if there'll be snow, But have a cup of cheer.

Have a holly, jolly Christmas, And when you walk down the street, Say "Hello" to friends you know

And everyone you meet.

Oh, Ho, the mistletoe, Hung where you can see, Somebody waits for you, Kiss her once for me.

Have a holly, jolly Christmas, And in case you didn't hear, Oh by golly, have a holly, Jolly Christmas this year.

by Johnny Marks 5. FREEZING COLD HASH RUN Sat. Jan. 5, 2008 10:00am 4 -6 MILE GROUP RUN START: Kenneth Vercammen Law Office 2053 Woodbridge Ave., Edison, NJ [near the Nixon Post Office] We then drive to the secret start.

POTENTIAL EXCITING DANGERS/ CHALLENGES …. if you get lost.

- Buried bombs with mustard gas - Slide on Mud on cliffs - Get bitten by starving animals - Slip on Ice and break bones - Exploding Gas Pipelines - Cut your leg on sharp Branches - Slip on Snow and Break Arm - Touch 29,000 Volts of Electricity - Run into Tree Branches, Poke Eye Out - Angry deer with huge antlers - Fall off Bridges into Cold Water - Frozen Rats & other dead animals - Sticker Bushes -crawl under barbed wire - Bad Drivers From New York Who Don't Speak English The Hash House Harriers again return to the woods and marsh 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 and different course through woods, grass, swamp and marsh.

Brought to you by the Rumson Hash House Harriers.

COST: NO FEE TO RUN. Bring a canned food donation for the St. James Food Bank.

FREE BEER FOR WOMEN 21-69 $5.00 FOR THE POST RUN SOCIAL, HELD AT THE GREEN DERBY BAR. SITE OF THE "ON-ON" BREWS. A fun time is guaranteed! 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. Prizes and give-aways at the post race social! See info at www.njlaws.com/FREEZING_COLD_HASH_RUN.htm Volunteers needed to help set up or point the way- even if you don’t plan on running.

Discover great running paths. Tired of the same old neighborhood roads, traffic and bad drivers? Join the off-road runners for a great and unusual training

run. See the swamps and wooded areas saved from development.

For details call Ken V. at 732-572-0500 DIRECTIONS: http://www.njlaws.com/directions_to_office.htm [weekly directions 732-219-0301] See exciting photos : http://groups.msn.com/RumsonHash/freezingcoldhash2005.msnw

Be cautious- this is woods running- not a nice road with course marshals.

Warning: You may encounter the following hazards to slow you down: Wild Dogs, Rabid Raccoons, rats, marshes, Swamp gas, Sticker bushes, potential exercise, parts of trail underwater, destruction of running shoes and clothes from dirt, loud men over 50, secret trails and more. Brought to you by the Rumson Hash House Harriers- The group that brings you the famous Cheesequake Park Hashathon every November.

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, EdisonFree beer for women 21-69, pretzels, more beer, restrooms, beer & heat. EXOTIC FOODS AVAILABLE, INCLUDING traditional Tentacles, Pigeon, AND MYSTERY ANIMAL. Directions Jan. 5- http://www.njlaws.com/directions_to_office.htmt Directions to other weekly hashes held every Saturday at various locations in Monmouth and Middlesex Counties, call the Rumson Hash House Harriers Hot Line 732-219-0301 Look for the Hasher banner and guys in old running clothes.

For information call Run "hare" Kenneth Vercammen, Esq. at 732-572-0500 days Info at http://www.njlaws.com/FREEZING_COLD_HASH_RUN.htm Waiver of injury form for participants: I hash for Fun and admit if I get hurt its my own fault. I recognize no one has insurance and agree not to file any type of claim or suit ever.

6. Congratulations to Jerry Fennelly, Entrepreneur of the Year Princeton Regional Chamber of Commerce President and Founder NAI Fennelly Associates, Inc. Mr. Fennelly was honored on November 28, 2007at Tournament Players Club Jasna Polana Princeton, New Jersey during the Annual Business Leadership Awards Gala NAI Fennelly Associates, Inc. has been providing professional real estate services to the New Jersey business community since 1986. As a company, they strive, at all times, to develop lasting relationships by offering the professional personnel, resources and innovative technologies needed to ensure our clients the best services available. Since 1998, their partnership in NAI Global, allows them to deliver services seamlessly nationally and internationally.

http://www.fennelly.com/ 7. Recent articles added to website http://www.njlaws.com/alphabetical_index.htm: 1.

2. ABA Elder Law Committee, Charles P. Sabatino, Kenneth Vercammen, Esq., Jay Foonberg, and Parag Patel, Esq. 3. AT&T Legal plan 4. insurance coverage of medical/Chiropractic treatment 5. Accident (Rights Regarding insurance coverage of m edical/Chiropractic treatment) 6. Accident reports must now be provided via letter or fax request.

7. Accident Victims Rights Requiring Insurance to Pay for Medical/Chiropractic Treatment 8. Accident (What To do in case of an accident) 9. Accidents in NJ 10. Accounting Probate 11. Administration of Estates 12. Adoption 13. Affirmative defenses to criminal charges 2C:2-5 14. Aggravated assault 15. Air Bag/Seat Belt Injuries in Car accidents 16. Alcohol/Beer 17. Alcotest7110 18. Alimony and child support 19. Allowing DWI 20. Alzheimer Wills 21. Analog (Possession of CDS or Analog) 2C:35-10 22. Annulment 23. Answer to a Civil Complaint in the Superior Court Law Division Civil (Suits over $15,000) 24. Answer Probate 25. Arag Legal Plan 26. Arrest Criminal Violation 27. Arson 2C:17-1 28. Assault 2C:12-1 29. Asset Protection 30. Attorney permitted as Executor 31. Attorney Fees

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Editor's Note and Disclaimer: All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

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

Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court