E346 August 3

E346 August 3, 2010 Wills . Assignment Judge can designate other Municipal Court Judges to sign a warrant. State v. Broom­Smith 201 NJ 229 (2010) The Court affirms the Appellate Division’s determination that N.J.S.A. 2B:12­6 and Rule 1:12­3, which address the designation of judges, were broad enough to authorize the Berkeley Township municipal judge to issue the search warrant for defendant’s house in Dover Township under the circumstances presented in this case.

11. In Sussex County, no SLAP on DWS based on DWI. State v. White ____ NJ Super. ______ (Law Div. 2010) Sussex County, Docket No. 1904­ BT­033744 Decided on January 26, 2010 The term of imprisonment set forth in N.J.S.A. 39:3­40(f)(2) for a person whose license has been suspended for drunk driving may not be served in a Sheriff’s Labor Assistance Program or other noncustodial program. Source: 200 N.J.L.J. 298

2010 Significant Municipal Court Cases August 9th Monday, 4:30 p.m. MCBA Office ­ 87 Bayard Street, New Brunswick, NJ 08901 Speakers Kenneth Vercammen, Esq. Kenneth Vercammen & Associates – Edison William G. Brigiani, Esq. BRIGIANI & Cohen ­ East Brunswick Some of the featured cases will include:

­State v. Handy (suppression granted where search based on dispatcher error) ­State v. Marquez (refusal does not stand if driver doesn’t understand English) ­State v. Moran (Judge can suspend Drivers License for Traffic Offense) ­State v. Tsetsekas (DWI dismissed where more than 360 days lapsed) ­State v. Ugrovics (State must prove 20­minute observation prior to breathtest by clear and convincing evidence, but arresting officer can testify to observation) ­State v. Ciancaglini (prior refusal counts for 3rd DWI) The cost to attend is $20 for Young Lawyers, $25 for MCBA Members and $50 for all others. Light refreshments will be provided.

This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 2.0 hours of total CLE credit.

To reserve online, click on the "Register for Event Now" button above. To reserve by mail, print out a meeting reservation form (see link below) and return with payment to: MCBA, 87 Bayard Street, New Brunswick, NJ 08901.

August 9th Municipal Court Seminar Reservation Form (pdf) Info call 732­828­3433, x.102 http://www.kennethvercammen.com/Significant.Municipal.C ourt.Cases.nj.html

Thank you to attendees of 25th Anniversary party