Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. Appointments can be scheduled at 732-572-0500. He is author of the ABA's book "Criminal Law Forms".
2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, September 2, 2009


Featuring a discussion on the newly released court rules!

Saturday, October 17, 2009
9:00 AM to 12:30 PM
The Westin Mount Laurel, Mt. Laurel

Monday, October 26, 2009
6:00 PM to 9:30 PM
Sheraton Edison, Edison (Raritan Center)

Presented in cooperation with the NJSBA Municipal Court Section and
the NJSBA Young Lawyers’ Section

Are you prepared to prosecute or defend your client in new Alcotest cases? Are you familiar with the new & increased penalties for certain offenses?
This informative guide to Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will be joined by a Presiding Municipal Court Judge to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
Gain a thorough understanding of Municipal Court practice, procedure, & recent developments...

• Criminal Case Law and Legislative Update

• The Prosecutor’s Perspective: DWI, no-insurance cases, recent directives from the Attorney General and Prosecutor, plea agreements in drug cases, double jeopardy issues

• Judicial Perspective: Expert arguments, important court rules, common errors by defense attorneys and prosecutors, how to impress the court and not annoy the court staff

• Recent developments in traffic law, merged traffic tickets and more

• DWI and Chun

• A special Q&A session: Ask the Experts

Speakers include:

Past Chair, NJSBA Municipal Court Section
Chair, ABA Elder Law Committee
K. Vercammen & Associates
(at Mt. Laurel & Edison)

(at Mt. Laurel)

(at Mt. Laurel & Edison)

Prosecutor in Audubon and Stratford (Camden County)
(at Mt. Laurel)

(at Mt. Laurel & Edison)

(at Edison)

(Union County)
Chair, Supreme Court Municipal Practice Committee (Union County)
(at Edison)

Chief Prosecutor (Elizabeth)
Assistant Prosecutor (Woodbridge)

(at Edison)

New Jersey Institute for Continuing Legal Education 
The non-profit continuing education service of: 
The New Jersey State Bar Association Rutgers - The State University of New Jerseys Seton Hall University 
One Constitution Square, New Brunswick, New Jersey 08901-1520 
Phone: (732)214-8500 Fax: (732)249-0383 • • Privacy Policy

2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030



Too often lawyers throw up their hands when a client presents a ticket involving Driving While Suspended, DWI or Reckless Driving. While defense of traffic ticket charges involving serious motor vehicle charges may become an involved process requiring commitment and persistence, there are a number of viable defenses and arguments that can achieve a successful result.

1. The In-Office Interview at the Law Office

We advise potential clients to bring in a copy of the complaint, all their papers in connection with their case, accident report, and any documents they received from the Motor Vehicle Commissions. Often times I will instruct them to write a confidential narrative if it is a case that is fact- specific or involves a great deal of detail, such as an DWI case.

When the client is first in the office, we have them fill out the Confidential New Municipal Court Interview Form. We obtain background information such as their name, address, the offenses charged, date of the persons arrest, other witnesses, statements given to them by the police, their occupation and information regarding prior motor vehicle convictions. Our interview sheet also asks if there is anything else important, such as a medical condition that affects their case. This form will also let us know whether or not the client will follow instructions and cooperate with us.

After reviewing the summons and the interview sheet, I ask a series of questions of the client. We request the client wait until the end of the interview before explaining their side of the story. We also ask them if there is anything else of importance in connection with the case that we should know.

2. Retaining the Attorney

Rule 1:11-2 of the Rules of Professional Conduct indicate a retainer letter or written statement of fees is required for new clients. I also provide all my clients with written information explaining how to appear in court, information on surcharges, information on points, and information regarding substance abuse treatment, if applicable.

Once we receive our retainer (are paid), we begin work right away. Usually while the client is still in the office, we prepare a discovery letter on the computer to the prosecutor/district attorney and court and hand a copy to the client. We occasionally call the court to advise them that we will be handling the case and to inquire who handles discovery. We check the Lawyers Diary to determine who are the judges and prosecutor/district attorneys for the county or town. It is important to learn about the judge and the prosecutor.

We require a great deal of cooperation from our clients in an effort to help keep their costs reasonable. We require our clients to take photographs of accident sites and prepare diagrams and provide us with the names, addresses, and telephone numbers of witnesses.

I recommend that my clients provide me with a list of between 10 to 15 reasons why they should not go to jail and why court should impose the minimum license suspension. We recommend they obtain a Motor Vehicle Abstract. This provides us with information for mitigation of penalties and also provides information to be considered by the judge in sentencing.

3. Post Interview Work

We also make a Motion to Suppress where there is a question regarding the validity of a stop or search. Any other Motions to Dismiss should be made in writing such as statue of limitations or lack of jurisdiction.

Oftentimes in cases that deal with just one disputed issue such as the admissibility of a blood test result in alcohol or drugs, we can make a Motion in Limine or suggest a pre-trial conference. It is often a good idea to try to know how the judge will decide in order to save us a three-hour trial on a complicated case. If the court rules against us in the Motion in Limine we can enter a guilty plea contingent upon reserving your right to appeal on that one issue.

4. Discovery Phase

Oftentimes we do not receive all of the discovery that we request. We send a letter to the prosecutor requesting additional discovery and request that the discovery be provided within 10 days. If we do not receive the discovery with 10 days then we prepare a Motion to Compel Discovery.

In the case involving essential witnesses, we occasionally write to the witnesses and ask them to call us so that we can find out what really happened. If possible I have a law clerk call up after we send the initial letter. The attorney cannot testify if the witness provides an inconsistent statement but our law clerks can testify. I sometimes speak to friendly witnesses myself later to make a decision to determine whether or not the witnesses are credible.

Upon receiving discovery, we forward a photocopy of all discovery to our client. We then discuss with the client whether or not they have a reasonable prospect of winning.

In drunk driving cases we review the videotape with the client prior to the trial date and sometimes make arrangements to retain an expert.

5. Preparing for Court

If it is a DWI blood case, we should make an objection to the entry of the lab certificate as evidence at trial. We are also under a responsibility to provide any reciprocal discovery to the prosecutor. Occasionally, in a court where there is only one prosecutor you should call the criminal court prosecutor ahead of time to see if a matter can be worked out or plea bargained. Some prosecutors in lower courts work part time and are not compensated for the many telephone calls they get in their offices.

If we discover a favorable case, we make a copy for the judge, prosecutor, and client. Never assume the part time prosecutor or judge is familiar with all the laws. We can prepare a Subpoena ad Testficandum for witnesses to testify and Subpoena Duces Tecum for witnesses to bring documents. We have our clients hand deliver the Subpoenas and write out their own check for the subpoena fees. It is better to be over-prepared than under-prepared.

Over the years I have made it a practice to build up files on particular legal subjects with complete case law. I now have files for drunk driving, driving while suspended, drugs in motor vehicle, and careless driving.

When we receive the hearing notice we send a follow up reminder to the client to be on time, bring all papers and call 24 hours ahead to confirm the case is still on the calendar. The client should be prepared and look neat. The Grateful Dead and Budweiser T-Shirts should be replaced with something that looks presentable. They should have their pregnant wives sitting next to them.

Preparation is the key to winning cases or convincing the prosecutor of exceptional defenses. Upon arrival at court, we will attempt to ascertain if the police officer is available. Sometimes the police officer is on vacation, retired, or suspended. This may assist your ability to work out a satisfactory arrangement.

There is no prohibition against speaking with States witnesses in a non-threatening way. Outside of the courtroom, I usually call out the name of the non-law enforcement States witnesses to determine what their version of the facts are. If we have an excellent trial issue but believe the judge is going to rule against us, we bring an appeal notice and file it with the Court on the Record. I keep in my car blank forms for Order to Compel Discovery, Order Mark Try or Dismiss, Order to be Relieved, and an Appeal Notice.

6. Plea to a Lesser Defense

If the client is going to enter a guilty plea to an offense, it is important they understand what the offense is and put a factual basis on the record. The Judge will be angry if a person is pleading guilty to a drunk driving case and the judge asked them what he had to drink, the person insists he only had one beer. The judge will send us back to our seat and must refuse to take the guilty plea unless an adequate factual basis is put on the record.

Having previously obtained for my clients their favorable background, I usually put on the record reasons why the judge should give them the minimum penalties.

Letters of reference and character reference letters are helpful in cases where the judge has wide discretion in his sentencing. After the client pleads guilty, it is a good idea to also ask the client on the record if he has any questions of myself or of the court.

7. Conclusion

Whether or not we have a trial or there is a plea to reduce the charge, I wish to walk out knowing I did the best you could for the client. Even if I lose, I want to have been such an articulate advocate that the client walks out saying my attorney is great but the judge is wrong. We try to be innovative and prepare new arguments. We handle a substantial amount of traffic court and personal injury cases and have put case law and certain legal defenses on our website:

About the Author: Kenneth A. Vercammen is an Edison, Middlesex County trial attorney who has published 125 articles in national and New Jersey publications on criminal court and litigation topics.

Kenneth A. Vercammen is an Edison, Middlesex County, NJ trial attorney who has published125 articles in national and New Jersey publications on business and litigation topics. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association.
He is a highly regarded lecturer on litigation issues for the American Bar Association, ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published by New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the New Jersey Municipal Court Law Review. Mr. Vercammen is a recipient of the NJSBA- YLD Service to the Bar Award.
He has served as a Special Acting Prosecutor in nine different cities and towns in New Jersey and also successfully handled over One thousand Municipal Court and Superior Court matters in the past 12 years.
In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on Criminal personal injury matters, Municipal Court trials, and contested Probate hearings. He serves as the Editor of the popular legal website

Tuesday, September 1, 2009


Berkeley Heights Craig O’Connor (973) 292-0510
Clark Jon-Henry Barr (732) 340-0610
Cranford Norman Albert (908) 272-0794
Elizabeth Norma Murgado (908) 659-0576
Patricia Mack (908) 205-1444
Asther E. Thomas (908) 353-8889
Fanwood Lara DiFabrizio (908) 232-0777
Garwood Steve Merman (908) 527-4715
Hillside Hugh Keffer (908) 272-0909
Lara DiFabrizio (908) 232-0777
Kenilworth Lara DiFabrizio (908) 232-0777
Linden Nick Scutari (908) 474-0433
Mountainside Frank Sahaj (908) 654-8902
New Providence Robert Thelander (908) 273-2556
Plainfield Robert Wilson (908) 722-6269
Tanerla Mitchell Thomas(908) 788-5499
Sheila Ellington (856)-262-9532
Rahway Rich Fazzari (732) 596-0704
Roselle Anthony C. Mack (973) 624-5005
Roselle Park Michael Mitzner (908) 668-9986
Scotch Plains Randy Brause (732) 494-6556
Springfield Michael Wittenberg (201) 963-6166
Summit Michael Mitzner (908) 668-9986
Union Michael Wittenberg (201) 963-6166
Drew Bauman (973) 763-0147
Mark Cassidy (732) 477-3175
Westfield Christine Nugent (908) 654-1520
Winfield Dave Conti (908) 810-0973

rev. 1/5/09 G3
Union County Municipal Prosecutor- List by Ken Vercammen, Past Chair Municipal Court Practice Section of NJ State Bar Association
Please fax any revisions to Kenneth Vercammen, Esq. at 732-572-0030.
Thank you



East Windsor Sahbra Jacobs (609) 587-8331
Ewing Carl Tanksley (609) 394-8003
Hamilton Twp. Russell Cherkos (609) 489-0102
Dg Sarsfield (609) 581-4198
Hightstown Robert Yostembski (609) 490-0012
Hopewell Boro Roger T. Haley (609) 588-8590
Hopewell Twp. Kevin Nerwinski (609) 530-9304
Lawrence Reed Gusciora (609) 844-7156
Montgomery Mr. Kim Otis (609) 683-4636
Pennington Boro Craig J. Hubert (609) 275-0400
Princeton Boro Kenneth Lozier (609) 208-2563
Princeton Twp. Kenneth Lozier (609) 208-2563
Trenton Lyle Hough (609) 989-3935
Robbinsville Kenneth Lozier (609) 208-2563
West Windsor Kenneth Lozier (609) 208-2563

[rev. 10/13 /08 Mercer County Prosecutors G3-Non-client]
List by Ken Vercammen, Past Chair- Municipal Court Practice Section of NJ State Bar Association
Please fax any revisions to Kenneth Vercammen, Esq. at 732-572-0030. Thank you


Aberdeen Allen E. Falk (732) 495-5328
Allenhurst Martin J. McGreevy (732) 531-8694
Allentown Donald Driggers (732) 448-0127
Asbury Park James N. Butler, Jr. (732) 774-2662
Atlantic Highlands James N. Butler, Jr. (732) 774-2662
Avon By the Sea Benjamin Choi (732) 623-5888
Belmar Stephen G. Schueler (732) 449-5317
Bradley Beach Jason E. Shamy (732) 247-1133
Brielle Paul Capotorto (732) 349-6917
Colts Neck Meghan Bennett (732) 919-1240
Deal _______
Eatontown _________
Englishtown Richard Kelly (609) 585-8801
Fair Haven Mitchell Jacobs (201) 896-8660
Farmingdale Richard Kelly (609) 585-0100
Freehold Boro Kathleen Sheedy (732) 663-0029
Freehold Twp. Nicole Sonnenblick (732) 252-9306
Hazlet Patrick Healy (732) 495-5328
Highlands John Lane (732) 280-9205
Holmdel __________
Howell John Rihacek (732) 349-0792
Interlaken James Carton (732) 528-6573
Keansburg Jerry Massel (732) 758-0995
Keyport Patrick Healy (732) 495-5328
Lake Como [So. Belmar] Kimberley Casten (732) 840-9666
Little Silver Mike Halfacre (732) 747-0937
Long Branch Steve Rubin (732) 517-0017
Manalapan Alan Falk (732) 495-5328
John Lane (732) 280-9205
Manasquan Jim Fennessy (732) 793-1877
Doug Jones (732) 349-0792
Marlboro Allen Falk (732) 495-5328
John T. Lane, Jr. (732) 280-9205
Matawan ________
Middletown Francis Gilbertson No Fax Number
Gerald Massel (732) 758-0995
Millstone Richard Kelly (609) 585-8801
Monmouth Beach Jerry Massell (732) 758-0995
Neptune City Martin McGreevy (732) 542-4070
Neptune Twp. _________
Ocean Twp. Timothy McGoughran (732) 663-0029
Oceanport James N. Butler, Jr. (732) 774-2662
Red Bank James N. Butler, Jr. (732) 774-2662
Roosevelt Richard Kelly (609) 585-8801
Rumson Michael I. Halfacre (732) 530-7150
Sea Bright John Lane (732) 280-9205
Sea Girt Boro James Carton IV (732) 223-1800
Shrewsbury Boro James M. Ronan, Jr. (732) 918-8505
Shrewsbury Twp ___________
Spring Lake Brendan Judge (973) 535-9217
Spring Lake Heights Colin Quinn (973) 377-8312
Tinton Falls Michael Fitzgerald (732) 223-7299
Union Beach Jerry Massell (732) 758-0995
Upper Freehold Twp. Richard Kelly (609) 585-8801
Wall Twp. Joseph F. Defino (732) 517-0905
West Long Branch Steve Rubin (732) 517-0017
List by Ken Vercammen, Past Chair Municipal Court Practice Section of NJ State Bar Association rev. 12/03/08 G3
Please fax any revisions to Kenneth Vercammen, Esq. at 732-572-0030.
Thank you


Bedminster Stephen O. Davis (908) 757-8039
Bernards Twp. Stephen O. Davis (908) 757-8039
Bernardsville Miles Winder (908) 766-6255
Bound Brook Kip Bateman (908) 757-8039
Branchburg Geoffrey Soriano (908) 725-6435
Bridgewater Kip Bateman (908) 757-8039
Far Hills Joseph Sordillo (856) 451-7356
Franklin Steve Rothblatt (732) 562-0108
Hector Rodriguez (732) 828-1495
Green Brook John Bruder (732) 295-0188
Hillsborough Frank Blandino (908) 281-0596
William Fox (DWI)
Manville James Ventantonio (908) 595-1155
Montgomery (Mr.) Kim Otis (609) 683-4636
North Plainfield Eric Goodman (973) 399-6723
Peapack/Gladstone Kip Bateman (908) 757-8039
Raritan Boro Steve Sloan (908) 806-6478
Somerville Elias Pelios (908) 757-9609
South Bound Brook James Ventantonio (908) 782-4012
Warren Steve Rothblatt (732) 562-0108
Watchung Ray Stine (908) 757-8039

List by Ken Vercammen, Past Chair Municipal Court Practice Section of NJ State Bar Association rev. 3/6/08 G3-Non-client
Please fax any revisions to Kenneth Vercammen, Esq. at 732-572-0030.
Thank you



CarteretChief John Pieczyski732-541-4181732-541-3867CranburyChief JEd Kahler 609-395-0031609-395-9216East BrunswickDirector Barry Roberson732-390-6900732-390-6970EdisonChief Thomas Bryan732-248-7400732-287-0268Highland ParkChief Stephen Rizco732-572-3800732-572-0258JamesburgMartin Horvath732-521-0011 x205MetuchenChief James Keane732-632-8500732-632-8573Middlesex BoroJames Benson732-356-1900 x222MilltownChief Raymond Geipel732-828-1100732-249-5695MonroeChief John Kraivec732-521-0222732-521-2980New BrunswickDirector Anthony Caputo732-745-5200732-565-3602North BrunswickDirector Kenneth McCormick732-545-3200732-249-2892Old BridgeChief Thomas Collow732-679-3400732-607-7937Perth AmboyDirector Michael Kohut732-442-4400732-442-4492PiscatawayChief Kevin Harris732-562-1100732-562-2312PlainsboroDirector Elizabeth Bondurant609-799-2333609-275-5987SayrevilleChief Edward Szkodny732-727-4444732-727-5189South AmboyChief James Wallis732-525-5945South BrunswickChief Raymond Hayducka732-329-4000 732-329-4604South PlainfieldChief John Ferrero908-755-0700908-755-0320South RiverChief Wesley Bomba732-238-1000732-613-6103SpotswoodChief Karl Martin732-251-2121732-251-5910WoodbridgeChief William Trenery732-634-7700732-602-7366FranklinChief Craig Novick732-873-2300732-873-8489[Police Chief phone & fax numbers Non Client G3 [revised 5/8/08]


Middlesex County Municipal Court Judges 2009

Middlesex County Municipal Court Judges
Carteret Court Allen Comba 732-541-0581
Dunellen Court John Leonard 732-968-3576
East Brunswick Court Todd Mayo 732-390-6913
Christine Heitman
Paul Endler
Edison Court 732-287-0743
Gary Price, Parag Patel

Helmetta Court Thomas F.X. Foley 732-521-1263
Erin Shamy 732-521-3626
Highland Park Court Edward Herman 732-777-6007
Jamesburg Court Erin Shamy 732-521-3626
Metuchen Court Gary Price 732-603-8763
Middlesex Boro. Court Dennis M. Fackelman 732-356-5053
George L. Psak
Milltown Court Karl R. Meyertons 732-828-6318
Monroe Court George M. Boyd 732-521-2607
New Brunswick Court E. Ronald Wright 732-745-5180
Mary Casey
Phil Borrow
North Brunswick E. Ronald Wright 732-214-8812
Mary H. Casey
Old Bridge Court James F. Weber 732-607-7946

Perth Amboy Court George M. Boyd 732-442-0774
Maria Del Valle-Koch
Emery Toth
Piscataway Court Dennis M. Fackelman 732-562-2386
James Hoebich
Plainsboro/Cranbury Court Edward Herman 609-936-1441
Sayreville Court James Weber, Spencer B. Robbins 732-525-9245

South Amboy Joseph Hoffman
South Brunswick Michael V. Dowgin 732-274-1523
Glynn Dwyer
South Plainfield Court Spencer B. Robbins 908-754-5628
South River Court _____________ 732-613-6100
Spotswood Court Edward H. Herman 732-723-1924
Woodbridge Court Spencer B. Robbins 732-855-7991
Emery Toth, Kevin Morse