E268 February 25, 2008

NJ Laws Email E268 February 25, 2008 Kenneth Vercammen, Attorney at Law 732-572-0500 In this issue: 1 Middlesex County Bar Association 3rd Annual Awards Dinner 2. More fun events- Sunday, March 2, 13.1 Miles E. Murray Todd Half Marathon 3. Anabolic Steroids illegal in New Jersey 4. If Suspended for DWI in Another State, Enhanced Penalty for Driving While Suspended 5. No time limit on appeal until court advises defendant of right to appeal State v. Johnson 6.City may be liable for 9-1-1 operator's negligent TORT CLAIMS ACT Massachi v.

AHL Services 7 SUPERIOR COURT JUDGES Nominated 8 Estate Planning law is extremely complex and ever changing.

1 Middlesex County Bar Association 3rd Annual Awards Dinner On March 19, 2008, the Middlesex County Bar Association will hold its third annual awards dinner at Sunny Palace Restaurant on Route 18 South in East Brunswick. Awards will be given to bar members in the following areas: Pro Bono; NonLitigation; Civil Trial Practice; Criminal Trial Practice; and Municipal Court Practice.

The guest speaker will be Hon. Travis L. Francis, AJSC. The MCBA will pay tribute to these bar members for their significant contributions to their respective practice areas.

The following awards will be given: -Pro Bono Attorney-of-the Year Henry Gurshman -Civil Trial Practitioner-of-the-Year John Gorman -Criminal Trial Attorney-of-the-Year Jim Nolan & Nicole Albert -Municipal Court Practitioner-of-the-Year Kenneth Vercammen -Young Lawyer of the Year Kimberly Yonta Aronow -Transactional Attorney of the Year Michael Schaff The purpose of the Awards is to recognize attorneys practicing in Middlesex County and adjacent municipalities who devote a significant portion of their law practice to their respective practice areas and exhibit one or more of the following: -

Leadership in the potential candidate’s field of practice;

-

Significant, tangible contributions to the Bar, such as participation in educational panels, Bar committees, etc, pertaining to non-litigation issues; Significant, tangible contributions to the community and/or charitable endeavors; A record promoting participation and involvement in the MCBA and collegiality within the Association; and A reputation for personal and professional integrity.

The evening will commence with a cocktail hour (cash bar) at 6:00 p.m. and dinner will be served at 7:00 p.m. The cost to attend is $35 for MCBA Young Lawyers, $40 for MCBA Members and $45 for all others, in advance.

For additional information, contact the Bar Office at (732) 828-3433, ext. 102.

More details at http://www.mcbalaw.com/cde.cfm?event=186648 2. More fun events- Sunday, March 2, 13.1 Miles, E. Murray Todd Half Marathon 13.1mi,9am Lincroft NJ 732-542-1642 http://www.raceforum.com/03/todd.pdf followed by St Patrick's Day Parade The Jersey Shore Running Club JSRC will again be marching in the Annual St Patrick's Day parade in Belmar to be held on Sunday , March 2nd. We will stage at Jim Rich's house at 1719 Melrose Ave, Lake Como which is near the start one block west of Main Street which is the route of the parade . Get there anytime after 11 AM but before 12 Noon so we can all get in the parade as a group in our assigned spot.

Wear GREEN Plenty of beer before and after parade. Call Ken Vercammen if interested in 1/2 marathon or parade 3. Anabolic Steroids illegal in New Jersey The issue of Barry Bonds and other professional athletes’ possible involvement with steroids now raises questions on high school athletes trying steroids. The New Jersey Commissioner of Health promulgated rules and regulations which classify anabolic steroids as Schedule III controlled dangerous substances. The problem of the unlawful use of anabolic steroids by school-age children is a particularly serious one, and that this problem is not limited to student athletes, but also involves students who use these especially dangerous substances with the intent to enhance their physical appearance.

These substances often have profound, long-term adverse side effects, and that their unlawful use by children cannot be tolerated.

“Controlled Dangerous Substance” shall mean a drug, substance or immediate precursor as defined at N.J.S.A. 2C:35-2, and shall include controlled substance

analogs. Pursuant to regulations adopted by the Department of Health, the term includes anabolic steroids, and shall also be deemed to include "Jimson" weed (stramonium preparation; N.J.S.A. 2A:170-77.8) and gamma hydroxybutyrate (GHB), Rohypnol (“roofies�), and flunitrazepam. (See N.J.S.A. 2C:35-5.2 and 5.3.)

More info at http://www.njlaws.com/Anabolic_Steroids.htm 4. If Suspended for DWI in Another State, Enhanced Penalty for Driving While Suspended. State v. Colley ___ NJ Super. ___ (Decided December 14, 2007). A3347-06T5 A prior conviction in another state for conduct equivalent to that proscribed by N.J.S.A. 39:4-50 subjects the defendant to the enhanced penalty provision set by N.J.S.A. 39:3-40f(2) upon a subsequent conviction in this state.

5. No time limit on appeal until court advises defendant of right to appeal State v. Johnson 396 NJ Super. 133 (App. Div. 2007) In this appeal the court examine the consequences of a sentencing court's failure to notify a defendant of his right to appeal within forty-five days, when the sentence was imposed prior to the New Jersey Supreme Court's opinion in State v. Molina, 187 N.J. 531 (2006). In Molina, the Court made prospective its holding that such a defendant had five years from the date of sentencing to move for leave to appeal as within time.

6.City may be liable for 9-1-1 operator's negligent TORT CLAIMS ACT Massachi v.

AHL Services 11-15-07 A-1113-06T1 The Tort Claims Act immunity afforded by N.J.S.A. 59:5-4 for failure to provide police protection or sufficient police protection does not immunize a public entity from liability for a 9-1-1 operator's negligent performance of his or her ministerial responsibilities in the handling of an emergency call.

7 SUPERIOR COURT JUDGES Nominated Governor Jon S. Corzine submitted the following judicial nominations to the State Senate. The nominations are subject to the advice and consent of the Senate.

Nominate for appointment Pedro Jimenez, Jr. (Perth Amboy, Middlesex) Nominate for appointment John A. Jorgensen, III (Colonia, Middlesex) Nominate for appointment Andrea Carter Latimer (Milltown, Middlesex) 8 Estate Planning law is extremely complex and ever changing.

Kenneth Vercammen and Associates represent many individuals to

prepare Wills and other Estate Planning documents. We would like to offer our assistance to take the work and worry out of your client Estate Planning. Let us find every dollar of probate savings available to you.

Moreover, the preparation of your Estate Planning should only represent the beginning of the review of your financial health. Our firm's philosophy is that the primary focus of our clients is savings along with individual and business financial planning which ultimately leads to future financial freedom. We would like to talk to you about your overall financial goals.

Our services are provided in an efficient manner and are reasonably priced.

Maybe it's time we get together. If you would like to use our firm to assist you in the preparation of your estate planning, in financial planning or in any other legal service, please call for an appointment.

We look forward to hearing from you.

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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