Winter 2010 Mun Law Rev Rebuttable presumption a road sign is properly posted State v Smith 408 NJ Super. 484 (App. Div. 2009) Defendant's conviction on trial de novo for violating N.J.S.A. 39:4125 is affirmed because he turned his vehicle "around so as to proceed in the opposite direction on a highway" on which a "no U turn" sign was conspicuously posted. Defendant does not have to perform a "u turn." The West Annotated version of the statute contains an error. The "no U turn" sign need not be on a "state" highway, and therefore whether or not the road was a "state" highway was irrelevant, as there is a rebuttable presumption the statute was properly posted. As defendant was not entitled to assigned counsel, the fact he was improperly assigned counsel in the Law Division does not require vacation of the municipal conviction because he was not assigned counsel there. State of in the Interest of A.S., ___ NJ Super. ___ App. Div 81209 A574707T4 The court suppressed the confession of the fourteenyearold adoptive daughter of F.D., who committed an act of fellatio upon F.D.'s fouryearold grandson, because in incorrectly explaining the daughter's Miranda rights and in participating in her interrogation, F.D. placed the interests of her grandson ahead of the interests of her daughter. The court suggested that in circumstances in which a parent has a conflict of interest arising from a familial relationship to both the alleged juvenile perpetrator and victim, an attorney represent the juvenile during any custodial interrogation. Evening telephone consults for subscribers, police officers and court staff attorneys Help for persons who read our newsletter Subscribers to our newsletter often have legal questions regarding their cases. We have updated our office policy to speak with attorneys in the evening and weekend regarding their cases. Since Kenneth Vercammen is in court every day, we call back from our cell phone and call your cell phones. Calls are returned after 5pm so it does not interfere with our client consults. Our Professional Liability carrier recommends attorneys fax over the following to Fax#: 7325720030: 1. Detailed question written out 2. Relevant facts and location of court 3. Your cell phone number Optional Copy of legible ticket or hearing notice This information will help Mr. Vercammen answer the question when he returns from court and allow the office to conduct a quick conflicts check. A fax is easy and the office
staff does not have to get bogged down taking messages. All calls are returned within 72 hours, so don’t wait until the morning of your trial.