Arrested at Harrah's Atlantic City and Legal Representation

Arrested at Harrah's Atlantic City and Legal Representation

Kenneth Vercammen’s Law Office represents people charged with criminal charges, underage drinking and juvenile offenses. We provide representation throughout New Jersey. Criminal charges can cost you.  If convicted, you can face high fines, jail, Probation  and other penalties.  Don't give up!  Our Law Office can provide experienced attorney representation for criminal violations. We also help represent persons who are injured at bars and restaurants.
Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.

 Disorderly conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he
(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or
(2) Creates a hazardous or physically dangerous condition by any act, which serves no legitimate purpose of the actor.
b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.
"Public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.


Other relevant laws:
  2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:
     (1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
     (2)Negligently causes bodily injury to another with a deadly weapon; or
     (3)Attempts by physical menace to put another in fear of imminent serious bodily injury.
    •         Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

Resisting Arrest:
     It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest.
    •    A crime of the fourth degree.

Hindering Apprehension or Prosecution
A person commits an offense(2C:29-3) if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.
    •    Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.

2C:33-15 Underage Possession/Consumption Alcohol

2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty
a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.00.

b. Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
        If a person at the time of the imposition of a sentence has a valid drivers license issued by this State, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name,  address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.
    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.

     If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

c. In addition to the general penalty prescribed for a disorderly persons offense, the court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health and Senior Services, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

d. Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually  engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of R.S.33:1-26, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution.

e. The provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under 18 years of age who is found to be in violation of this section.33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person

    Underage drinking and Misrepresenting age to induce sale or delivery to minor

     33:1-81.  It shall be unlawful for:

      (a)  A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic  beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or

    (b)  A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or

    (c)  Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or

    (d)  Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.

    Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person's license to operate a motor vehicle for six months.

    Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.  If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

    If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the division along with the report.  If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.

    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S. 39:3-40.  A person shall be required to acknowledge receipt of the written notice in writing.  Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40.

    If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate given the age at the time of sentencing, the non-resident driving privilege of the person and submit to the division the required report.  The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
    In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

33:1-81.1.  Hearing;  attendance by parent or guardian;  subpoena
    In any hearing for a violation of section 33:1-81 of the Revised Statutes the court in its discretion may require the attendance at such hearing of a parent or guardian, if there be no parent, of the minor charged with such violation if such parent or guardian is a resident of the State and may, in its  discretion, compel such attendance by subpoena.

33:1-81.1a.  Violations by parent, guardian, notification, fine
     A parent, guardian or other person having legal custody of a person under 18 years of age found in violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) shall be notified of the violation in writing.  The parent, guardian or other person having legal custody of a person under 18 years of age shall be subject to a fine in the amount of $500.00 upon any subsequent violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) on the part of such person if it is shown that the parent, guardian or other person having legal custody failed or neglected to exercise reasonable supervision or control over the conduct of the person under 18 years of age.

Providing Alcohol to Persons Under 21
It is a criminal offense in the State of New Jersey (2C:33-17a) to serve alcohol to anyone under the legal age of 21.
A fine of up to $1,000 and/or up to 6 months imprisonment.

Allowing Alcohol Possession or Consumption by Persons Under 21 at Private Premises
It is a criminal offense in the State of New Jersey (2C:33-17b) to make your home or property available for the purpose of allowing minors a place to consume alcohol.
(Exemptions:  Any underage person or persons who possesses or consumes alcoholic beverages in connection with religious observance, ceremony or right or consumes or possesses an alcoholic beverage in the presence of and with the permission of the parent , guardian, or relative who has attained the legal age to purchase and consume alcoholic beverages.)
    •    A fine of up to $1.000 and /or up to 6 months imprisonment.  

Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition
It is a criminal offense in the State of New Jersey (2C: 35-10) for any person knowingly or purposely, to obtain , or to possess actually or constructively, a controlled dangerous substance or controlled substance analog.
    •    Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.

Drug possession by motor vehicle operator
No person shall operate a motor vehicle on any highway( 39:4-49.1) while knowingly having in his possession or in the motor vehicle any controlled dangerous substance.
    •    A fine not less than $50.00 and loss of driving privilege for a period of 2 years from the date of his conviction.

No consumption of alcoholic beverages in motor vehicles
A person shall not consume an alcoholic beverage while operating a motor vehicle.  A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated.( 39:4-51a)
    •    A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

Prohibition of possession of open, unsealed alcoholic beverage container
All occupants of a motor vehicle located on a public highway, or right of way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container.(39:4-51b)
    •    A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

   Mandatory Forfeiture or Postponement of Driving Privileges
Every person convicted of or adjudicated delinquent for a violation of certain offenses (2C:35-16) shall forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the Court at not less than 6 months or more than 2 years which shall commence on the day the sentence is imposed.

CONCLUSION
    If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don't rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.

 KENNETH  VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
 2053 Woodbridge Ave.
Edison, NJ 08817


(Phone) 732-572-0500

Arrested at Caesars Circus Maximus Atlantic City and Legal Representation

Arrested at Caesars Circus Maximus Atlantic City and Legal Representation

Kenneth Vercammen’s Law Office represents people charged with criminal charges, underage drinking and juvenile offenses. We provide representation throughout New Jersey. Criminal charges can cost you.  If convicted, you can face high fines, jail, Probation  and other penalties.  Don't give up!  Our Law Office can provide experienced attorney representation for criminal violations. We also help represent persons who are injured at bars and restaurants.
Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.

 Disorderly conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he
(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or
(2) Creates a hazardous or physically dangerous condition by any act, which serves no legitimate purpose of the actor.
b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.
"Public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.


Other relevant laws:
  2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:
     (1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
     (2)Negligently causes bodily injury to another with a deadly weapon; or
     (3)Attempts by physical menace to put another in fear of imminent serious bodily injury.
    •         Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

Resisting Arrest:
     It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest.
    •    A crime of the fourth degree.

Hindering Apprehension or Prosecution
A person commits an offense(2C:29-3) if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.
    •    Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.

2C:33-15 Underage Possession/Consumption Alcohol

2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty
a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.00.

b. Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
        If a person at the time of the imposition of a sentence has a valid drivers license issued by this State, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name,  address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.
    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.

     If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

c. In addition to the general penalty prescribed for a disorderly persons offense, the court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health and Senior Services, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

d. Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually  engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of R.S.33:1-26, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution.

e. The provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under 18 years of age who is found to be in violation of this section.33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person

    Underage drinking and Misrepresenting age to induce sale or delivery to minor

     33:1-81.  It shall be unlawful for:

      (a)  A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic  beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or

    (b)  A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or

    (c)  Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or

    (d)  Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.

    Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person's license to operate a motor vehicle for six months.

    Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.  If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

    If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the division along with the report.  If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.

    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S. 39:3-40.  A person shall be required to acknowledge receipt of the written notice in writing.  Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40.

    If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate given the age at the time of sentencing, the non-resident driving privilege of the person and submit to the division the required report.  The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
    In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

33:1-81.1.  Hearing;  attendance by parent or guardian;  subpoena
    In any hearing for a violation of section 33:1-81 of the Revised Statutes the court in its discretion may require the attendance at such hearing of a parent or guardian, if there be no parent, of the minor charged with such violation if such parent or guardian is a resident of the State and may, in its  discretion, compel such attendance by subpoena.

33:1-81.1a.  Violations by parent, guardian, notification, fine
     A parent, guardian or other person having legal custody of a person under 18 years of age found in violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) shall be notified of the violation in writing.  The parent, guardian or other person having legal custody of a person under 18 years of age shall be subject to a fine in the amount of $500.00 upon any subsequent violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) on the part of such person if it is shown that the parent, guardian or other person having legal custody failed or neglected to exercise reasonable supervision or control over the conduct of the person under 18 years of age.

Providing Alcohol to Persons Under 21
It is a criminal offense in the State of New Jersey (2C:33-17a) to serve alcohol to anyone under the legal age of 21.
A fine of up to $1,000 and/or up to 6 months imprisonment.

Allowing Alcohol Possession or Consumption by Persons Under 21 at Private Premises
It is a criminal offense in the State of New Jersey (2C:33-17b) to make your home or property available for the purpose of allowing minors a place to consume alcohol.
(Exemptions:  Any underage person or persons who possesses or consumes alcoholic beverages in connection with religious observance, ceremony or right or consumes or possesses an alcoholic beverage in the presence of and with the permission of the parent , guardian, or relative who has attained the legal age to purchase and consume alcoholic beverages.)
    •    A fine of up to $1.000 and /or up to 6 months imprisonment.  

Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition
It is a criminal offense in the State of New Jersey (2C: 35-10) for any person knowingly or purposely, to obtain , or to possess actually or constructively, a controlled dangerous substance or controlled substance analog.
    •    Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.

Drug possession by motor vehicle operator
No person shall operate a motor vehicle on any highway( 39:4-49.1) while knowingly having in his possession or in the motor vehicle any controlled dangerous substance.
    •    A fine not less than $50.00 and loss of driving privilege for a period of 2 years from the date of his conviction.

No consumption of alcoholic beverages in motor vehicles
A person shall not consume an alcoholic beverage while operating a motor vehicle.  A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated.( 39:4-51a)
    •    A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

Prohibition of possession of open, unsealed alcoholic beverage container
All occupants of a motor vehicle located on a public highway, or right of way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container.(39:4-51b)
    •    A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

   Mandatory Forfeiture or Postponement of Driving Privileges
Every person convicted of or adjudicated delinquent for a violation of certain offenses (2C:35-16) shall forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the Court at not less than 6 months or more than 2 years which shall commence on the day the sentence is imposed.

CONCLUSION
    If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don't rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.

 KENNETH  VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
 2053 Woodbridge Ave.
Edison, NJ 08817


(Phone) 732-572-0500

Arrested at Caesars Atlantic City and Legal Representation

Arrested at Caesars Atlantic City and Legal Representation

Kenneth Vercammen’s Law Office represents people charged with criminal charges, underage drinking and juvenile offenses. We provide representation throughout New Jersey. Criminal charges can cost you.  If convicted, you can face high fines, jail, Probation  and other penalties.  Don't give up!  Our Law Office can provide experienced attorney representation for criminal violations. We also help represent persons who are injured at bars and restaurants.
Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.

 Disorderly conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he
(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or
(2) Creates a hazardous or physically dangerous condition by any act, which serves no legitimate purpose of the actor.
b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.
"Public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.


Other relevant laws:
  2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:
     (1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
     (2)Negligently causes bodily injury to another with a deadly weapon; or
     (3)Attempts by physical menace to put another in fear of imminent serious bodily injury.
    •         Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

Resisting Arrest:
     It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest.
    •    A crime of the fourth degree.

Hindering Apprehension or Prosecution
A person commits an offense(2C:29-3) if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.
    •    Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.

2C:33-15 Underage Possession/Consumption Alcohol

2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty
a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.00.

b. Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
        If a person at the time of the imposition of a sentence has a valid drivers license issued by this State, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name,  address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.
    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.

     If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

c. In addition to the general penalty prescribed for a disorderly persons offense, the court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health and Senior Services, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

d. Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually  engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of R.S.33:1-26, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution.

e. The provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under 18 years of age who is found to be in violation of this section.33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person

    Underage drinking and Misrepresenting age to induce sale or delivery to minor

     33:1-81.  It shall be unlawful for:

      (a)  A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic  beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or

    (b)  A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or

    (c)  Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or

    (d)  Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.

    Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person's license to operate a motor vehicle for six months.

    Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.  If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

    If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the division along with the report.  If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.

    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S. 39:3-40.  A person shall be required to acknowledge receipt of the written notice in writing.  Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40.

    If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate given the age at the time of sentencing, the non-resident driving privilege of the person and submit to the division the required report.  The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
    In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

33:1-81.1.  Hearing;  attendance by parent or guardian;  subpoena
    In any hearing for a violation of section 33:1-81 of the Revised Statutes the court in its discretion may require the attendance at such hearing of a parent or guardian, if there be no parent, of the minor charged with such violation if such parent or guardian is a resident of the State and may, in its  discretion, compel such attendance by subpoena.

33:1-81.1a.  Violations by parent, guardian, notification, fine
     A parent, guardian or other person having legal custody of a person under 18 years of age found in violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) shall be notified of the violation in writing.  The parent, guardian or other person having legal custody of a person under 18 years of age shall be subject to a fine in the amount of $500.00 upon any subsequent violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) on the part of such person if it is shown that the parent, guardian or other person having legal custody failed or neglected to exercise reasonable supervision or control over the conduct of the person under 18 years of age.

Providing Alcohol to Persons Under 21
It is a criminal offense in the State of New Jersey (2C:33-17a) to serve alcohol to anyone under the legal age of 21.
A fine of up to $1,000 and/or up to 6 months imprisonment.

Allowing Alcohol Possession or Consumption by Persons Under 21 at Private Premises
It is a criminal offense in the State of New Jersey (2C:33-17b) to make your home or property available for the purpose of allowing minors a place to consume alcohol.
(Exemptions:  Any underage person or persons who possesses or consumes alcoholic beverages in connection with religious observance, ceremony or right or consumes or possesses an alcoholic beverage in the presence of and with the permission of the parent , guardian, or relative who has attained the legal age to purchase and consume alcoholic beverages.)
    •    A fine of up to $1.000 and /or up to 6 months imprisonment.  

Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition
It is a criminal offense in the State of New Jersey (2C: 35-10) for any person knowingly or purposely, to obtain , or to possess actually or constructively, a controlled dangerous substance or controlled substance analog.
    •    Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.

Drug possession by motor vehicle operator
No person shall operate a motor vehicle on any highway( 39:4-49.1) while knowingly having in his possession or in the motor vehicle any controlled dangerous substance.
    •    A fine not less than $50.00 and loss of driving privilege for a period of 2 years from the date of his conviction.

No consumption of alcoholic beverages in motor vehicles
A person shall not consume an alcoholic beverage while operating a motor vehicle.  A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated.( 39:4-51a)
    •    A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

Prohibition of possession of open, unsealed alcoholic beverage container
All occupants of a motor vehicle located on a public highway, or right of way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container.(39:4-51b)
    •    A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

   Mandatory Forfeiture or Postponement of Driving Privileges
Every person convicted of or adjudicated delinquent for a violation of certain offenses (2C:35-16) shall forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the Court at not less than 6 months or more than 2 years which shall commence on the day the sentence is imposed.

CONCLUSION
    If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don't rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.

 KENNETH  VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
 2053 Woodbridge Ave.
Edison, NJ 08817


(Phone) 732-572-0500

Arrested at Borgata Event Center Atlantic City and Legal Representation

                 Arrested at Borgata Event Center Atlantic City and Legal Representation

Kenneth Vercammen’s Law Office represents people charged with criminal charges, underage drinking and juvenile offenses. We provide representation throughout New Jersey. Criminal charges can cost you.  If convicted, you can face high fines, jail, Probation  and other penalties.  Don't give up!  Our Law Office can provide experienced attorney representation for criminal violations. We also help represent persons who are injured at bars and restaurants.
Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.

 Disorderly conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he
(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or
(2) Creates a hazardous or physically dangerous condition by any act, which serves no legitimate purpose of the actor.
b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.
"Public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.


Other relevant laws:
  2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:
     (1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
     (2)Negligently causes bodily injury to another with a deadly weapon; or
     (3)Attempts by physical menace to put another in fear of imminent serious bodily injury.
    •         Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

Resisting Arrest:
     It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest.
    •    A crime of the fourth degree.

Hindering Apprehension or Prosecution
A person commits an offense(2C:29-3) if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.
    •    Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.

2C:33-15 Underage Possession/Consumption Alcohol

2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty
a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.00.

b. Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
        If a person at the time of the imposition of a sentence has a valid drivers license issued by this State, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name,  address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.
    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.

     If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

c. In addition to the general penalty prescribed for a disorderly persons offense, the court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health and Senior Services, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

d. Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually  engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of R.S.33:1-26, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution.

e. The provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under 18 years of age who is found to be in violation of this section.33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person

    Underage drinking and Misrepresenting age to induce sale or delivery to minor

     33:1-81.  It shall be unlawful for:

      (a)  A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic  beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or

    (b)  A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or

    (c)  Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or

    (d)  Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.

    Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person's license to operate a motor vehicle for six months.

    Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.  If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

    If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the division along with the report.  If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.

    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S. 39:3-40.  A person shall be required to acknowledge receipt of the written notice in writing.  Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40.

    If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate given the age at the time of sentencing, the non-resident driving privilege of the person and submit to the division the required report.  The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
    In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

33:1-81.1.  Hearing;  attendance by parent or guardian;  subpoena
    In any hearing for a violation of section 33:1-81 of the Revised Statutes the court in its discretion may require the attendance at such hearing of a parent or guardian, if there be no parent, of the minor charged with such violation if such parent or guardian is a resident of the State and may, in its  discretion, compel such attendance by subpoena.

33:1-81.1a.  Violations by parent, guardian, notification, fine
     A parent, guardian or other person having legal custody of a person under 18 years of age found in violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) shall be notified of the violation in writing.  The parent, guardian or other person having legal custody of a person under 18 years of age shall be subject to a fine in the amount of $500.00 upon any subsequent violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) on the part of such person if it is shown that the parent, guardian or other person having legal custody failed or neglected to exercise reasonable supervision or control over the conduct of the person under 18 years of age.

Providing Alcohol to Persons Under 21
It is a criminal offense in the State of New Jersey (2C:33-17a) to serve alcohol to anyone under the legal age of 21.
A fine of up to $1,000 and/or up to 6 months imprisonment.

Allowing Alcohol Possession or Consumption by Persons Under 21 at Private Premises
It is a criminal offense in the State of New Jersey (2C:33-17b) to make your home or property available for the purpose of allowing minors a place to consume alcohol.
(Exemptions:  Any underage person or persons who possesses or consumes alcoholic beverages in connection with religious observance, ceremony or right or consumes or possesses an alcoholic beverage in the presence of and with the permission of the parent , guardian, or relative who has attained the legal age to purchase and consume alcoholic beverages.)
    •    A fine of up to $1.000 and /or up to 6 months imprisonment.  

Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition
It is a criminal offense in the State of New Jersey (2C: 35-10) for any person knowingly or purposely, to obtain , or to possess actually or constructively, a controlled dangerous substance or controlled substance analog.
    •    Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.

Drug possession by motor vehicle operator
No person shall operate a motor vehicle on any highway( 39:4-49.1) while knowingly having in his possession or in the motor vehicle any controlled dangerous substance.
    •    A fine not less than $50.00 and loss of driving privilege for a period of 2 years from the date of his conviction.

No consumption of alcoholic beverages in motor vehicles
A person shall not consume an alcoholic beverage while operating a motor vehicle.  A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated.( 39:4-51a)
    •    A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

Prohibition of possession of open, unsealed alcoholic beverage container
All occupants of a motor vehicle located on a public highway, or right of way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container.(39:4-51b)
    •    A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

   Mandatory Forfeiture or Postponement of Driving Privileges
Every person convicted of or adjudicated delinquent for a violation of certain offenses (2C:35-16) shall forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the Court at not less than 6 months or more than 2 years which shall commence on the day the sentence is imposed.

CONCLUSION
    If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don't rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.

 KENNETH  VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
 2053 Woodbridge Ave.
Edison, NJ 08817


(Phone) 732-572-0500

Arrested at Boardwalk Hall Arena Atlantic City and Legal Representation

Arrested at Boardwalk Hall Arena Atlantic City and Legal Representation

Kenneth Vercammen’s Law Office represents people charged with criminal charges, underage drinking and juvenile offenses. We provide representation throughout New Jersey. Criminal charges can cost you.  If convicted, you can face high fines, jail, Probation  and other penalties.  Don't give up!  Our Law Office can provide experienced attorney representation for criminal violations. We also help represent persons who are injured at bars and restaurants.
Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.

 Disorderly conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he
(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or
(2) Creates a hazardous or physically dangerous condition by any act, which serves no legitimate purpose of the actor.
b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.
"Public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.


Other relevant laws:
  2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:
     (1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
     (2)Negligently causes bodily injury to another with a deadly weapon; or
     (3)Attempts by physical menace to put another in fear of imminent serious bodily injury.
    •         Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

Resisting Arrest:
     It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest.
    •    A crime of the fourth degree.

Hindering Apprehension or Prosecution
A person commits an offense(2C:29-3) if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.
    •    Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.

2C:33-15 Underage Possession/Consumption Alcohol

2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty
a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.00.

b. Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
        If a person at the time of the imposition of a sentence has a valid drivers license issued by this State, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name,  address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.
    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.

     If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

c. In addition to the general penalty prescribed for a disorderly persons offense, the court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health and Senior Services, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

d. Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually  engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of R.S.33:1-26, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution.

e. The provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under 18 years of age who is found to be in violation of this section.33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person

    Underage drinking and Misrepresenting age to induce sale or delivery to minor

     33:1-81.  It shall be unlawful for:

      (a)  A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic  beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or

    (b)  A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or

    (c)  Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or

    (d)  Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.

    Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person's license to operate a motor vehicle for six months.

    Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.  If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

    If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the division along with the report.  If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.

    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S. 39:3-40.  A person shall be required to acknowledge receipt of the written notice in writing.  Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40.

    If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate given the age at the time of sentencing, the non-resident driving privilege of the person and submit to the division the required report.  The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
    In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

33:1-81.1.  Hearing;  attendance by parent or guardian;  subpoena
    In any hearing for a violation of section 33:1-81 of the Revised Statutes the court in its discretion may require the attendance at such hearing of a parent or guardian, if there be no parent, of the minor charged with such violation if such parent or guardian is a resident of the State and may, in its  discretion, compel such attendance by subpoena.

33:1-81.1a.  Violations by parent, guardian, notification, fine
     A parent, guardian or other person having legal custody of a person under 18 years of age found in violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) shall be notified of the violation in writing.  The parent, guardian or other person having legal custody of a person under 18 years of age shall be subject to a fine in the amount of $500.00 upon any subsequent violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) on the part of such person if it is shown that the parent, guardian or other person having legal custody failed or neglected to exercise reasonable supervision or control over the conduct of the person under 18 years of age.

Providing Alcohol to Persons Under 21
It is a criminal offense in the State of New Jersey (2C:33-17a) to serve alcohol to anyone under the legal age of 21.
A fine of up to $1,000 and/or up to 6 months imprisonment.

Allowing Alcohol Possession or Consumption by Persons Under 21 at Private Premises
It is a criminal offense in the State of New Jersey (2C:33-17b) to make your home or property available for the purpose of allowing minors a place to consume alcohol.
(Exemptions:  Any underage person or persons who possesses or consumes alcoholic beverages in connection with religious observance, ceremony or right or consumes or possesses an alcoholic beverage in the presence of and with the permission of the parent , guardian, or relative who has attained the legal age to purchase and consume alcoholic beverages.)
    •    A fine of up to $1.000 and /or up to 6 months imprisonment.  

Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition
It is a criminal offense in the State of New Jersey (2C: 35-10) for any person knowingly or purposely, to obtain , or to possess actually or constructively, a controlled dangerous substance or controlled substance analog.
    •    Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.

Drug possession by motor vehicle operator
No person shall operate a motor vehicle on any highway( 39:4-49.1) while knowingly having in his possession or in the motor vehicle any controlled dangerous substance.
    •    A fine not less than $50.00 and loss of driving privilege for a period of 2 years from the date of his conviction.

No consumption of alcoholic beverages in motor vehicles
A person shall not consume an alcoholic beverage while operating a motor vehicle.  A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated.( 39:4-51a)
    •    A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

Prohibition of possession of open, unsealed alcoholic beverage container
All occupants of a motor vehicle located on a public highway, or right of way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container.(39:4-51b)
    •    A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

   Mandatory Forfeiture or Postponement of Driving Privileges
Every person convicted of or adjudicated delinquent for a violation of certain offenses (2C:35-16) shall forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the Court at not less than 6 months or more than 2 years which shall commence on the day the sentence is imposed.

CONCLUSION
    If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don't rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.

 KENNETH  VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
 2053 Woodbridge Ave.
Edison, NJ 08817


(Phone) 732-572-0500

Arrested at Bader Field Egg Harbor Township and Legal Representation

Arrested at Bader Field Egg Harbor Township and Legal Representation

Kenneth Vercammen’s Law Office represents people charged with criminal charges, underage drinking and juvenile offenses. We provide representation throughout New Jersey. Criminal charges can cost you.  If convicted, you can face high fines, jail, Probation  and other penalties.  Don't give up!  Our Law Office can provide experienced attorney representation for criminal violations. We also help represent persons who are injured at bars and restaurants.
Our website www.njlaws.com provides information on criminal offenses we can be retained to represent people.

 Disorderly conduct 2C:33-2. a. Improper behavior. A person is guilty of a petty disorderly persons offense, if with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof he
(1) Engages in fighting or threatening, or in violent or tumultuous behavior; or
(2) Creates a hazardous or physically dangerous condition by any act, which serves no legitimate purpose of the actor.
b. Offensive language. A person is guilty of a petty disorderly persons offense if, in a public place, and with purpose to offend the sensibilities of a hearer or in reckless disregard of the probability of so doing, he addresses unreasonably loud and offensively coarse or abusive language, given the circumstances of the person present and the setting of the utterance, to any person present.
"Public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.


Other relevant laws:
  2C:12-1. Assault. a. Simple assault. A person is guilty of assault if he:
     (1)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
     (2)Negligently causes bodily injury to another with a deadly weapon; or
     (3)Attempts by physical menace to put another in fear of imminent serious bodily injury.
    •         Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

Resisting Arrest:
     It is a criminal offense in the State of New Jersey (2C: 29-2) for a person to purposely prevent a law enforcement officer from effecting a lawful arrest.
    •    A crime of the fourth degree.

Hindering Apprehension or Prosecution
A person commits an offense(2C:29-3) if with purpose to hinder the detention, apprehension, investigation, prosecution, conviction, or punishment of another for any crime or motor vehicle violation.
    •    Depending on the circumstances, a crime of the third degree, fourth degree, or a disorderly persons offense.

2C:33-15 Underage Possession/Consumption Alcohol

2C:33-15. Possession, consumption of alcoholic beverages by persons under legal age; penalty
a. Any person under the legal age to purchase alcoholic beverages who knowingly possesses without legal authority or who knowingly consumes any alcoholic beverage in any school, public conveyance, public place, or place of public assembly, or motor vehicle, is guilty of a disorderly persons offense, and shall be fined not less than $500.00.

b. Whenever this offense is committed in a motor vehicle, the court shall, in addition to the sentence authorized for the offense, suspend or postpone for six months the driving privilege of the defendant. Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section. If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
        If a person at the time of the imposition of a sentence has a valid drivers license issued by this State, the court shall immediately collect the license and forward it to the division along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name,  address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.
    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S.39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S.39:3-40.

     If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the non-resident driving privilege of the person based on the age of the person and submit to the division the required report. The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.

c. In addition to the general penalty prescribed for a disorderly persons offense, the court may require any person who violates this act to participate in an alcohol education or treatment program, authorized by the Department of Health and Senior Services, for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

d. Nothing in this act shall apply to possession of alcoholic beverages by any such person while actually  engaged in the performance of employment pursuant to an employment permit issued by the Director of the Division of Alcoholic Beverage Control, or for a bona fide hotel or restaurant, in accordance with the provisions of R.S.33:1-26, or while actively engaged in the preparation of food while enrolled in a culinary arts or hotel management program at a county vocational school or post secondary educational institution.

e. The provisions of section 3 of P.L.1991, c.169 (C.33:1-81.1a) shall apply to a parent, guardian or other person with legal custody of a person under 18 years of age who is found to be in violation of this section.33:1-81. Underage drinking and Misrepresenting age to induce sale or delivery to minor; disorderly person

    Underage drinking and Misrepresenting age to induce sale or delivery to minor

     33:1-81.  It shall be unlawful for:

      (a)  A person under the legal age for purchasing alcoholic beverages to enter any premises licensed for the retail sale of alcoholic  beverages for the purpose of purchasing, or having served or delivered to him or her, any alcoholic beverage; or

    (b)  A person under the legal age for purchasing alcoholic beverages to consume any alcoholic beverage on premises licensed for the retail sale of alcoholic beverages, or to purchase, attempt to purchase or have another purchase for him any alcoholic beverage; or

    (c)  Any person to misrepresent or misstate his age, or the age of any other person for the purpose of inducing any licensee or any employee of any licensee, to sell, serve or deliver any alcoholic beverage to a person under the legal age for purchasing alcoholic beverages; or

    (d)  Any person to enter any premises licensed for the retail sale of alcoholic beverages for the purpose of purchasing, or to purchase alcoholic beverages, for another person who does not because of his age have the right to purchase and consume alcoholic beverages.

    Any person who shall violate any of the provisions of this section shall be deemed and adjudged to be a disorderly person, and upon conviction thereof, shall be punished by a fine of not less than $500.00. In addition, the court shall suspend or postpone the person's license to operate a motor vehicle for six months.

    Upon the conviction of any person under this section, the court shall forward a report to the Division of Motor Vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to this section.  If a person at the time of the imposition of a sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.

    If a person at the time of the imposition of a sentence has a valid driver's license issued by this State, the court shall immediately collect the license and forward it to the division along with the report.  If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person as well as the first and last date of the license suspension period imposed by the court.

    The court shall inform the person orally and in writing that if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties set forth in R.S. 39:3-40.  A person shall be required to acknowledge receipt of the written notice in writing.  Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40.

    If the person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate given the age at the time of sentencing, the non-resident driving privilege of the person and submit to the division the required report.  The court shall not collect the license of a non-resident convicted under this section. Upon receipt of a report by the court, the division shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
    In addition to the general penalties prescribed for an offense, the court may require any person under the legal age to purchase alcoholic beverages who violates this act to participate in an alcohol education or treatment program authorized by the Department of Health for a period not to exceed the maximum period of confinement prescribed by law for the offense for which the individual has been convicted.

33:1-81.1.  Hearing;  attendance by parent or guardian;  subpoena
    In any hearing for a violation of section 33:1-81 of the Revised Statutes the court in its discretion may require the attendance at such hearing of a parent or guardian, if there be no parent, of the minor charged with such violation if such parent or guardian is a resident of the State and may, in its  discretion, compel such attendance by subpoena.

33:1-81.1a.  Violations by parent, guardian, notification, fine
     A parent, guardian or other person having legal custody of a person under 18 years of age found in violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) shall be notified of the violation in writing.  The parent, guardian or other person having legal custody of a person under 18 years of age shall be subject to a fine in the amount of $500.00 upon any subsequent violation of R.S. 33:1-81 or section 1 of P.L. 1979, c.264 (C. 2C:33-15) on the part of such person if it is shown that the parent, guardian or other person having legal custody failed or neglected to exercise reasonable supervision or control over the conduct of the person under 18 years of age.

Providing Alcohol to Persons Under 21
It is a criminal offense in the State of New Jersey (2C:33-17a) to serve alcohol to anyone under the legal age of 21.
A fine of up to $1,000 and/or up to 6 months imprisonment.

Allowing Alcohol Possession or Consumption by Persons Under 21 at Private Premises
It is a criminal offense in the State of New Jersey (2C:33-17b) to make your home or property available for the purpose of allowing minors a place to consume alcohol.
(Exemptions:  Any underage person or persons who possesses or consumes alcoholic beverages in connection with religious observance, ceremony or right or consumes or possesses an alcoholic beverage in the presence of and with the permission of the parent , guardian, or relative who has attained the legal age to purchase and consume alcoholic beverages.)
    •    A fine of up to $1.000 and /or up to 6 months imprisonment.  

Possession, Use or Being Under the Influence, or Failure to Make Lawful Disposition
It is a criminal offense in the State of New Jersey (2C: 35-10) for any person knowingly or purposely, to obtain , or to possess actually or constructively, a controlled dangerous substance or controlled substance analog.
    •    Depending on the circumstances, a crime of third degree, fourth degree, or a disorderly persons offense.

Drug possession by motor vehicle operator
No person shall operate a motor vehicle on any highway( 39:4-49.1) while knowingly having in his possession or in the motor vehicle any controlled dangerous substance.
    •    A fine not less than $50.00 and loss of driving privilege for a period of 2 years from the date of his conviction.

No consumption of alcoholic beverages in motor vehicles
A person shall not consume an alcoholic beverage while operating a motor vehicle.  A passenger in a motor vehicle shall not consume an alcoholic beverage while the motor vehicle is being operated.( 39:4-51a)
    •    A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

Prohibition of possession of open, unsealed alcoholic beverage container
All occupants of a motor vehicle located on a public highway, or right of way of a public highway, shall be prohibited from possessing any open or unsealed alcoholic beverage container.(39:4-51b)
    •    A fine of $200.00 for the first offense, $250.00 for the second offense or community service for a period of 10 days.

   Mandatory Forfeiture or Postponement of Driving Privileges
Every person convicted of or adjudicated delinquent for a violation of certain offenses (2C:35-16) shall forfeit his right to operate a motor vehicle over the highways of this State for a period to be fixed by the Court at not less than 6 months or more than 2 years which shall commence on the day the sentence is imposed.

CONCLUSION
    If charged with any criminal offense, immediately schedule an appointment with a criminal trial attorney. Don't rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and career is on the line, hire the best attorney available.

 KENNETH  VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
 2053 Woodbridge Ave.
Edison, NJ 08817


(Phone) 732-572-0500

Winning Strategies in Municipal Court (2021) Book/ Seminar materials

 Winning Strategies in Municipal Court (2021) Book/ Seminar materials 

Original Publish Date: April 12, 2021   

Authors: Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year

John Menzel, Esq.
 Past Chair, NJSBA Municipal Court Practice Section 

Price: $55.00

         This product is a handbook that accompanied an NJICLE CLE seminar.     

https://tcms.njsba.com/personifyebusiness/njicle/Store/ProductDetails.aspx?productid=65940324

ISBN :M096221

Table of Contents

Letters, Motions/Briefs, Articles/Research
Kenneth A. Vercammen, Esq. 1

1.   01  Municipal Court Questionnaire 1

2.   02  Retainer – Municipal Court 5

3.   03  Request for Complete Discovery 9

4.   04  Letter of Representation Only 11

5.   05  Discovery Request – Alcotest 7110 13

6.   06  Discovery Request – Driving While Suspended 21

7.   07  Speeding Law and Discovery 25

8.   08  Discovery Request to MVC 33

9.   09  Discovery – Complainant 37

10.                 10  OPRA – Field Sobriety – Chief of Police 41

11.                 11  OPRA – Required Officer Training 44

Notice of Pretrial Motion Blood Test 45

12.                 12  CDS Motions 49

13.                 13  DWI Motions 55

Expanding Use of Ignition Interlock Devices 59

15.                 15  Letter to Client re: Read Discovery from Prosecution 63

16.                 16  Reciprocal Discovery to Prosecution 64

17.                 17  Notice of Specific Criminal Code Defenses 65

18.                 18  Letter to Client re: Reading and Signing Affidavit 66

20.                 20  Letter to Client re: DWI Expert 67

21.                 21  Letter to Client re: Hearing 68

22.                 22  Letter to Client re: Deadline and Attorney Fee for Appeal 69

23.                 23  Letter to Client re: No Show in Court 71

24.                 24  Suppression Motion 72

25.                 25  Suppress Statements: Violation of Miranda Rights 73

26.                 26  Dismissal Motion re: Failure to Provide Discovery 77

27.                 27  Motion for Conditional Discharge 84

28.                 28  Motion for Civil Reservation 85

29.                 29  Objection to Lab Certificate 86

30.                 30  Motion for SLAP 87

31.                 31  Order to Mark Case Try or Dismiss 88

32.                 32  Order to Compel Discovery 89

33.                 33  Order to Be Relieved as Counsel 90

Substitution of Attorney 91

34.                 34  Constructive Possession of Drugs in a Criminal Case 93

35.                 35  Court Cannot Handle Discovery 95

36.                 36  Motion for No Loss of Driver’s License Suspension 99

37.                 37  Motion re: Failure to Give Defendant Copy of AIR 101

Brief in Support of Motion to Dismiss Refusal 111

38.                 38  Motion to Provide Expert at Public Expense 117

39 DWI Fines and Penalties in NJ 125 Expungement/Erase Criminal Charges 135 Offenses That Can’t Be Expunged 137 Certification for Application for Appointment as Private Prosecutor

(Storm) 141

Letter Thanking Witness 143 Client’s Sentencing and Duties 145 Post Conviction Motion to Vacate Guilty Plea 147 Additional Discovery Brief 155 Brief to Suppress Blood Sample and Objection to Lab Report 159 Motion, Certification, Order in Support of Motion to Be Relieved 175 Miranda Brief in Support of Motion to Suppress Statements 179 Condensed Version of DWI, Permitting DWI & Refusal 183 MVC Points for Motor Vehicle Violations 187 “Pre-Trial Intervention to Dismiss Criminal Charges” 191 Municipal Court Appeals 193 Hearsay Not Admissible at Trial in Municipal Court Based on

Crawford Decision 199 “Speeding and Radar” 203 “Suspended Licenses: Don’t Be Caught Off Guard as a Defense

Attorney” 205 “Defense to Possession of Drugs and Controlled Substances” 207 “Driving Without Insurance Defenses” 209 Preparation for the Municipal Court Case 211 “Plead Guilty? Nah, Defend DWI Charges!” 221 Memo re: Attorney General Guideline: Prosecution of DWI &

Refusal Violations 223 Court Code Listing – MVC 249 No Point Violations 269 Crash Accident Report Abbreviations 271 New Jersey State Police Crash Investigation Report 273 Brief in Support of Motion to Dismiss Refusal 279 Scientific and Medical Tests—Blood and Urine Documents

Requested 285 Field Sobriety Records Request and OPRA Request 289 Guidance Regarding Municipal Prosecutor’s Discretion in

Prosecuting Marijuana and Other Criminal Offenses 293 Alcotest 9510 50 Adopted for Use by NJ Attorney General

N.J.R. 1818(c) 303 New Laws 309 New Expungement Law 2019 Senate No. 4154 Makes Expungement

More Available 313 NJSP Alcohol Drug Testing Unit – Links to Manuals and Testing

Materials 315 N.J. Municipal Court Law Review, Fall 2020 319 N.J. Municipal Court Law Review, Spring 2021 321

Major Cases in Municipal Court & DWI
PowerPoint Presentation
Kenneth Vercammen, Esq. 323

Driving While Refused, Suspended, Revoked or Prohibited: N.J.S.A. 39:3-40 & 2C:40-26
PowerPoint Presentation
Damian A. Scialabba, Esq.

Joshua H. Reinitz, Esq. 335

Excerpts from New Jersey DWI Practice Handbook Series
(Volume 1, Pretrial Procedures)1
John Menzel, Esq. 369

Chapter 1: Initial Client Contact and Intake 369 Chapter 2: Attorney Appearance 401 Chapter 3: Discovery and Case Preparation 419 Chapter 4: Motions to Suppress Evidence 457 Chapter 5: Other Pretrial Motions 485

Defending the DWI Case
PowerPoint Presentation
John Menzel, Esq. 513

Municipal Court Winning Strategies
PowerPoint Presentation
John Menzel, Esq. 567

About the Panelists... 601