NJ Laws Email E277 July 2, 2008 Kenneth Vercammen, Attorney at Law 7325720500 Have a Happy 4th of July In this issue: 1 Recent cases:
ILLEGAL UTURN THAT KILLED MOTORCYCLIST COSTS $1.4M The estate of a motorcyclist who was killed after a limousine traveling in the other direction pulled across his lanes of traffic to make a turn will receive a $1.4 million settlement. The Carey International limo driver, Armando Sigcha, was illegally trying to make a Uturn on Route 19 in North Bergen. He had turned into the southbound lanes to a 90degree angle when motorcyclist Jose Gonzalez saw him and gripped his brakes to stop. There was not enough room. Gonzalez struck the limo, was thrown from his bike and died at the scene when his body struck a telephone pole. Retired Superior Court Judge Robert Feldman mediated the settlement, which was limited by evidence that Gonzalez had been traveling 18 mph above the speed limit at the time of the crash. In Estate of Gonzalez v. Carey International Source: NJ Lawyer Daily Briefing 7/2/08
Police do not need a reasonable suspicion before they may access the NCIC database. State v. Sloane 193 NJ 423 (2008) During a motor vehicle stop, the passenger, like the driver, is seized under the federal and state constitutions. Police do not need a reasonable suspicion before they may access the NCIC database and, because accessing the NCIC database was within the scope of the traffic stop and did not unreasonably prolong the stop, there was no basis to suppress the evidence found.
Constructive possession of CDS is jury question. State v. Scott 193 NJ 227 (2008) Approved for Publication January 28, 2008.
The primary issue in this case was whether defendant actually or constructively possessed cocaine that was found in the vehicle in which he was a passenger. With one judge dissenting, the court affirmed the trial court's decision to deny defendant's motion for acquittal and his motion for a new trial. But the court remanded for a determination regarding the voluntariness of statements attributed to defendant and for resentencing. 11008 State v. Morgan Scott (A11506) Possession cannot be based on mere presence at the place where contraband is located. There must be other circumstances or statements of defendant permitting the inference of defendant's control of the contraband." The judgment of the Appellate Division is affirmed substantially for the reasons expressed in the Appellate Division’s majority opinion. . The filing of Tort Claims notice does bar expungement. In the Matter of Expungement Petition of J.R.S. 398 NJ Super. 1 (App Div. 2008) Petitioner appeals from the order of the Law Division vacating a previously entered judgment of expungement. Before filing the expungement application, petitioner sent a TCA tort claims notice to the State regarding the subject matter of the expungement. After the expungement was granted, petitioner commenced a civil suit against the State. The court rejected the State's argument that petitioner's filing of a TCA tort claims notice constituted the commencement of "civil litigation" against a public entity, triggering the statutory bar against the granting of an expungement petition contained in N.J.S.A. 2C:5214(d). The court also found no statutory support for the State's argument that enforcement of the expungement judgment deprives the State of information needed to defend itself against plaintiff's allegations of wrongdoings. Upcoming non profit races: 7/12 Belmar Five Mile Run 5 mile, 8:30am Belmar NJ 7325712162 free food at Bar A after race and reduced price drinks 7/13 Long Branch Sprint Triathlon Series2 .5k swim, 9.5 mile bike, 3 mile run 6:45am Long Branch NJ 7326146028
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