E332 April 14, 2010 1. Prior refusal counts for 3rd DWI State v Ciancaglini 411 NJ Super. 280 (App. Div. 2010) In this appeal from a DWI conviction, after prior separate DWI and refusal convictions, this Appellate panel disagrees with the holding of State v. DiSomma 262 N.J. Super. 375 (App. Div. 1993), and hold that the prior refusal conviction does count toward making this a third offense. The court feels this holding is consistent with a line of cases both before and after DiSomma concluding that a prior DWI conviction counts toward enhancement of the sentence imposed for a refusal conviction. See, e.g., State v. Tekel, 281 N.J. Super. 502 (App. Div. 1995). The court also held that double jeopardy does not bar reinstatement of the sentence originally imposed in the municipal court for a third DWI offense, which was reduced in the Law Division to a sentence for a first DWI offense. 2. New trial ordered where Judge conducted questioning of defense expert State v. O’Brien 200 NJ 520 (2009) Defendant was entitled to face a single adversary, the State. He should not have had to bear the consequences of a judge who appeared to disbelieve him and his expert witness, revealed that disbelief to the jury, and supported a witness adverse to him. Because that conduct was clearly capable of producing an unjust result, a new trial is in order. 3. WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR WHEN: Wednesday April 14, 5pm & Friday, April 16 12:15pm [Lunch & Law] Fee: no cost, includes sandwiches, soda, snacks and Brochures on Wills, “Probate and Administration of an Estate”, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts. COST: Free if you preregister. This program is limited to 15 people Complimentary Sandwiches to preregistered persons prior to program SPEAKER: Kenneth Vercammen, Esq. (Author Answers to Questions About Probate) The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey. Main Topics: 1. The New Probate Law and preparation of Wills
2. 2010 increases in Federal Estate and Gift Tax exemption 3. NJ Inheritance tax 4. Power of Attorney 5. Living Will 6. Administering the Estate/ Probate/Surrogate 7. Question and Answer COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts. CoSponsor: Middlesex County Estate Planning Council To attend or for Information: Mike McDonald 7325720500 or email kenvnjlaws@verizon.net Can’t attend? We can email you materials Send email to kenvnjlaws@verizon.net Instructor: Kenneth Vercammen, Esq. of Edison (CoAuthor NJ Elder Law & Probate) COMPLIMENTARY MATERIAL: You don’t have to be wealthy or near death to do some thinking about a will. Here is your opportunity to listen to an experienced attorney who will discuss how to distribute your property as you wish and avoid many rigid provisions of the state law. Topics covered by author of “Answer to questions about Probate” will include: Wills, Power of Attorney, Living Wills, Inheritance taxes, making estate administration easier, revocable trusts, irrevocable trusts plus the opportunity to ask questions. Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property and avoid many rigid provisions of state law. For more information on Elder law, visit the Website www.CentralJerseyElderLaw.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenvnjlaws@verizon.net
4. From the Star Ledger…. NJ WRESTLING: Middlesex County season in review Broken records: ………South Brunswick eclipsed a team record by piling up 18
victories this season, snapping the previous mark of 17 victories, and could have had more if it were not for five weatherrelated match cancellations. Brendan Vercammen, a 171pound senior who collected a fifthplace finish in the state tournament, captained the team with seniors Frank Capraro (125 pounds) and Jeff Goldhagen (189), who each placed third at District 20. Vercammen was second in Region 5 and won the District 20 title. "As you coach, you tell the kids that chemistry is a very important thing, and these guys let the team know what the expectations were," said South Brunswick coach Joe Dougherty. "We had a lot of sophomores in the lineup, and our seniors were outstanding with them." http://highschoolsports.nj.com/news/article/1239252879774650508/njwrestling middl esexcountyseasoninreview/ NJ wrestling: Allarea and allprep individual honors ALLMIDDLESEX FIRST TEAM103–Anthony Ashnault, South Plainfield112–Troy Heilmann, South Plainfield119–Heriberto Quintana, Perth Amboy125–Ray DeLaNuez, Edison130–Scott DelVecchio, South Plainfield135–Sam Emburgia, Monroe140–Conor Hayes, Old Bridge145–Ryan Sacco, South Plainfield152–David Saley, Monroe160–Frank Bozzomo, Middlesex171–Brendan Vercammen, South Brunswick189–Mike Wagner, South Plainfield215–Marc Tyson, Monroe HWT– Ryan Moskwa, Perth Amboy http://highschoolsports.nj.com/news/article/1310094831504798623/njwrestling allareaandallprepindividualhonors/