E324 January 1, 2010

NJ Laws Email Newsletter E324 January

1, 2010

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New Year’s Resolution ­ Put your Estate Planning in order.

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FREEZING COLD HASH RUN ­3 ­ 5 MILE GROUP RUN

Sat. Jan. 9, 2010 9:50am 3.

Free Program! 2010 update of the Wills and Estate Planning Seminar ”

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Destruction of Video Tape may Permit DWI Defendant to Vacate Guilty Plea

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New Year’s Resolution ­ Put your Estate Planning in order.

You need a Power of Attorney and Living Will/ Advance Directive. Modern medicine and machinery can keep a person alive for long periods of time.

Unfortunately, a person is often kept alive in great pain or under circumstances that render him or her unconscious as to everything around them, while causing pain and anguish to the family.

Our state has passed a “Living Will” law, often called a “Death with Dignity” law, which allows a person to direct that heroic measures not be taken to prolong life in these unhappy situations.

This “Living Will” is not a substitute for a regular Will, which affects property rights. The “Living Will” is an independent document to be signed in addition to your regular Will.

Please let us know if you want a Living Will/ Advance Directive prepared.

I would like to thank my friends for another good year in 2009, despite the bad economy. This year was our single best year for referrals. So many of you were kind enough to tell others about our services. Since 1985, I have helped individuals and businesses with legal matters. With changing laws, it is important that your estate planning documents are updated to reflect your most valuable investments. As you know, all business must grow, and one of the safest ways to grow is to get referrals from satisfied clients. Thank you for referring friends and family. May 2010 bring happiness and good health to you and those you love.

2. FREEZING COLD HASH RUN 3 & 5 MILE GROUP RUN

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Sat. Jan. 9, 2010 9:50am

START: Kenneth Vercammen Law Office 2053 Woodbridge Ave., Edison, NJ 08817. Free open bar 7:30­10:30

Register online at www.active.com. See info at www.njlaws.com/FREEZING_COLD_HASH_RUN.htm For details Call run “hare” Ken Vercammen (The runner in the red, white & blue flag shorts) at 732­572­0500 or email: kenvnjlaws@verizon.net Please make $12.69 checks payable to Vercammen Assoc. PC, and mail to: Kenneth Vercammen Law Office, NJ Personal Injury Law Center 2053 Woodbridge Ave, Edison, NJ 08817 FREE BEER FOR WOMEN 21­69 $12.69 TO RUN. FREE T­SHIRT AND OPEN BAR FROM 7:30AM – 11:30AM for Pre­ registered. $15.00 DAY OF EVENT. VOLUNTEERS RECEIVE A SHIRT AND OPEN BAR! PLEASE BRING A CAN FOOD DONATION FOR THE ST. JAMES FOOD BANK. $5.00 FOR THE POST RUN SOCIAL HELD AT THE GREEN DERBY BAR, SITE OF THE “ON­ON” BREWS. A fun time is guaranteed! You must be over 21 years old to participate. No times are recorded. A sense a humor is a must. Prizes and giveaways at the post race social Volunteers needed…..

Other exciting details: Tired of the same old neighborhood roads, traffic, bad drivers? Join the off­road runners for a great and unusual training run. See the swamps and wooded areas saved from development. The Rumson Hash House Harriers again return to the woods and marsh of Edison. Hashing is not a race but a non­competitive 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. Wear old running shoes. Follow the trail to the finish.

DIRECTIONS: http://www.njlaws.com/directions_to_office.htm YouTube: http://www.youtube.com/user/kvercammen#p/search/1/hB­A7he7­bc 3.

Free Program! 2010 update of the Wills and Estate Planning Seminar ”

Past Clients and friends are invited to our annual Client lunch and the “2010 update of the Wills and Estate Planning Seminar” on January 13, 2010 from 12:15­1PM or January 14, 2010 at 5:45. Our program will discuss how the revised NJ Probate Law 2

made changes in Probate and the administration of estates and trusts. Please email us if you plan on attending.

The year 2009 was an exciting year. Kenneth Vercammen was the keynote speaker for the Annual Estate Planning Forum sponsored by the NJ Institute for Continuing Legal Education and lectured at the American Bar Association ABA meeting on Internet Crimes. In October, he was a speaker at the NJ State Bar Association program, “Handling Drug, DWI & Serious Motor Vehicle Violations. Ken’s son Brendan was District wrestling champ and Region champ at 171 lbs, and daughter Shannon has an A average.

South Brunswick Varsity wrestling 2010 schedule Wed Thu Sat Sat Sat Sat Sat 4.

01/06/10 01/07/10 01/09/10 01/09/10 01/16/10 01/16/10 01/16/10

PERTH AMBOY Woodbridge High School @ Montgomery Township Schools @ Old Bridge High School Edison High School Kittatinny Regional H. S. Sayreville War Memorial High School

Destruction of Video Tape may Permit DWI Defendant to Vacate Guilty Plea. State v. Mustaro ___ NJ Super ___ (App. Div. 2009) 14­2­ 6169 12/14/09

The court considered defendant’s appeal from the denial of a post­sentence motion to vacate his plea of guilty to driving while intoxicated. The motion was predicated on a claim that the state withheld exculpatory evidence, but by the time the motion was filed the evidence — a videotape recorded by the camera in the arresting officer’s patrol car — had been destroyed through reuse in accordance with the police department’s procedures. Applying State v. Parsons, 341 N.J. Super. 448 (App. Div. 2001), and State v. Marshall, 123 N.J. 1, 107­09 (1991), the court concluded that defendant failed to establish that he would not have admitted to driving if he had access to the videotape prior to the plea, and the court further concluded that the denial of his motion was fully consistent with a proper application of the principles set forth in State v. Slater, 198 N.J. 145 (2009).

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