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11/15/11 2:00 PM Arrested for DUI? Page 1 of 17 http://www.njlaws.com/arrested_for_dui.html?id=10&a= Kenneth Vercammen & Associates A Law Office with Experienced Attorneys for Your New Jersey Legal Needs 2053 Woodbridge Ave. Edison NJ 08817 732-572-0500 1-800-655-2977 Personal Injury and Criminal on Weekends 732-261-4005 Princeton Area 68 South Main St. Cranbury, NJ 08512 By Appointment Only Toll Free 800-655-2977 Arrested for DUI? Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. Our office helps people with traffic/municipal court tickets throughout New Jersey, including drivers charged with DUI/DWI and refusal. Driving Under Influence and other Motor vehicle violations can cost you. You will have to pay fines in court, or receive points on your driver's license. A conviction will require you to pay expensive surcharges to the N.J. MVC [Division of Motor Vehicles] and have your license suspended. In New Jersey, the Judge does not have to rule that you were drunk. The prosecutor only needs to prove a driver was under the influence of alcohol. Don't give up! The Law Office of Kenneth Vercammen offers information and can provide experienced attorney representation for Driving Under Influence and other Motor vehicle violations. When your driver's license is in jeopardy, or you are facing thousands of dollars in fines, DMV surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Please schedule an appointment if you need experienced legal representation in a traffic/municipal court matter. Our website njlaws.com provides information on traffic offenses of which we can be retained to represent people. Our Search Website Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year FOR POTENTIAL CLIENTS TO CONTACT US DURING NON- BUSINESS HOURS, PLEASE FILL OUT THE FORM. Name: Cell Phone: E-Mail Address If You Do Not Include a Complete E- Mail Address, Verizon will not Forward Your Contact Form to the Law Office. Details of the Case

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Kenneth Vercammen's Law office represents individuals charged with criminal and serious traffic violations throughout New Jersey. Our office helps people with traffic/municipal court tickets throughout New Jersey, including drivers charged with DUI/DWI and refusal. Driving Under Influence and other Motor vehicle violations can cost you. You will have to pay fines in court, or receive points on your driver's license.

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Kenneth Vercammen & AssociatesA Law Office with Experienced Attorneys for Your New Jersey Legal Needs

2053 Woodbridge Ave.

Edison NJ 08817732-572-0500

1-800-655-2977Personal Injury and Criminalon Weekends 732-261-4005

Princeton Area68 South Main St.

Cranbury, NJ 08512By Appointment OnlyToll Free 800-655-2977

Arrested for DUI?

Kenneth Vercammen's Law office representsindividuals charged with criminal and serious trafficviolations throughout New Jersey. Our office helpspeople with traffic/municipal court tickets throughoutNew Jersey, including drivers charged withDUI/DWI and refusal. Driving Under Influence andother Motor vehicle violations can cost you. You willhave to pay fines in court, or receive points on yourdriver's license. A conviction will require you to payexpensive surcharges to the N.J. MVC [Division ofMotor Vehicles] and have your license suspended. InNew Jersey, the Judge does not have to rule that youwere drunk. The prosecutor only needs to prove adriver was under the influence of alcohol. Don't giveup! The Law Office of Kenneth Vercammen offersinformation and can provide experienced attorneyrepresentation for Driving Under Influence and otherMotor vehicle violations. When your driver's licenseis in jeopardy, or you are facing thousands of dollarsin fines, DMV surcharges and car insuranceincreases, you need excellent legal representation.The least expensive attorney is not always theanswer. Please schedule an appointment if you needexperienced legal representation in atraffic/municipal court matter. Our websitenjlaws.com provides information on traffic offensesof which we can be retained to represent people. Our

Search Website

Kenneth Vercammen was theMiddlesex County Bar Municipal

Court Attorney of the Year

FOR POTENTIAL CLIENTS TOCONTACT US DURING NON-BUSINESS HOURS, PLEASE FILL OUTTHE FORM.

Name:

Cell Phone:

E-Mail Address

If You Do Not Include a Complete E-Mail Address, Verizon will not ForwardYour Contact Form to the Law Office.

Details of the Case

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website also provides details on jail terms forDriving Under Influence and car insurance eligibilitypoints. Car insurance companies increase rates ordrop customers based on moving violations.

In New Jersey Driving Under Influence (DUI) andDriving While Intoxicated (DWI) are the samecharge. The following is the new DWI law in NewJersey with all of its amendments:

N.J.S.A. 39:4-50 Driving While Intoxicated

39:4-50. (a) Except as provided in subsection (g) ofthis section, a person who operates a motor vehiclewhile under the influence of intoxicating liquor,narcotic, hallucinogenic or habit-producing drug, oroperates a motor vehicle with a blood alcoholconcentration of 0.08% or more by weight of alcoholin the defendant's blood or permits another personwho is under the influence of intoxicating liquor,narcotic, hallucinogenic or habit-producing drug tooperate a motor vehicle owned by him or in hiscustody or control or permits another to operate amotor vehicle with a blood alcohol concentration of0.08% or more by weight of alcohol in thedefendant's blood shall be subject: (1) For the firstoffense: (i) if the person's blood alcoholconcentration is 0.08% or higher but less than0.10%, or the person operates a motor vehicle whileunder the influence of intoxicating liquor, or the ormore of the following chemical compounds: acetoneand acetate, amyl nitrite or amyl nitrate or theirisomers, benzene, butyl alcohol, butyl nitrite, butylnitrate or their isomers, ethyl acetate, ethyl alcohol,ethyl nitrite or ethyl nitrate, ethylene dichloride,isobutyl alcohol or isopropyl alcohol, methylalcohol, methyl ethyl ketone, nitrous oxide, n-propylalcohol, pentachlorophenol, petroleum ether, propylnitrite or propyl nitrate or their isomers, toluene,toluol or xylene or any other chemical substancecapable of causing a condition of intoxication,inebriation, excitement, stupefaction or the dulling ofthe brain or nervous system as a result of theinhalation of the fumes or vapors of such chemicalsubstance. Whenever an operator of a motor vehiclehas been involved in an accident resulting in death,bodily injury or property damage, a police officer

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Kenneth Vercammen was theMiddlesex County Bar MunicipalCourt Attorney of the Year

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shall consider that fact along with all other facts andcircumstances in determining whether there arereasonable grounds to believe that person wasoperating a motor vehicle in violation of this section.A conviction of a violation of a law of asubstantially similar nature in another jurisdiction,regardless of whether that jurisdiction is a signatoryto the Interstate Driver License Compact pursuant toP.L. 1966, c.73 (C. 39: 5D-1 et seq.), shall constitutea prior conviction under this subsection unless thedefendant can demonstrate by clear and convincingevidence that the conviction in the other jurisdictionwas based exclusively upon a violation of aproscribed blood alcohol concentration of less than0.08%.

If the driving privilege of any person is underrevocation or suspension for a violation of anyprovision of this Title or Title 2C of the New JerseyStatutes at the time of any conviction for a violationof this section, the revocation or suspension periodimposed shall commence as of the date oftermination of the existing revocation or suspensionperiod. In the case of any person who at the time ofthe imposition of sentence is less than 17 years ofage, the forfeiture, suspension or revocation of thedriving privilege imposed by the court under thissection shall commence immediately, run throughthe offender's seventeenth birthday and continuefrom that date for the period set by the court pursuantto paragraphs (1) through (3) of this subsection. Acourt that imposes a term of imprisonment for a firstor second offense under this section may sentencethe person so convicted to the county jail, to theworkhouse of the county wherein the offense wascommitted, to an inpatient rehabilitation program orto an Intoxicated Driver Resource Center or otherfacility approved by the chief of the IntoxicatedDriving Program Unit in the Department of Healthand Senior Services. For a third or subsequentoffense a person shall not serve a term ofimprisonment at an Intoxicated Driver ResourceCenter as provided in subsection (f). A person whohas been convicted of a previous violation of thissection need not be charged as a second orsubsequent offender in the complaint made againsthim in order to render him liable to the punishment

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imposed by this section on a second or subsequentoffender, but if the second offense occurs more than10 years after the first offense, the court shall treatthe second conviction as a first offense forsentencing purposes and if a third offense occursmore than 10 years after the second offense, thecourt shall treat the third conviction as a secondoffense for sentencing purposes. (b) A personconvicted under this section must satisfy thescreening, evaluation, referral, program and feerequirements of the Division of Alcoholism andDrug Abuse's Intoxicated Driving Program Unit, andof the Intoxicated Driver Resource Centers and aprogram of alcohol and drug education and highwaysafety, as prescribed by the chief administrator. Thesentencing court shall inform the person convictedthat failure to satisfy such requirements shall resultin a mandatory two-day term of imprisonment in acounty jail and a driver license revocation orsuspension and continuation of revocation orsuspension until such requirements are satisfied,unless stayed by court order in accordance with theRules Governing the Courts of the State of NewJersey, or R.S. 39:5-22. Upon sentencing, the courtshall forward to the Division of Alcoholism andDrug Abuse's Intoxicated Driving Program Unit acopy of a person's conviction record. A fee of$100.00 shall be payable to the Alcohol Education,Rehabilitation and Enforcement Fund establishedpursuant to section 3 of P.L. 1983, c.531 (C. 26: 2B-32) to support the Intoxicated Driving Program Unit.(c) Upon conviction of a violation of this section, thecourt shall collect forthwith the New Jersey driver'slicense or licenses of the person so convicted andforward such license or licenses to the chiefadministrator. The court shall inform the personconvicted that if he is convicted of personallyoperating a motor vehicle during the period oflicense suspension imposed pursuant to subsection(a) of this section, he shall, upon conviction, besubject to the penalties established in R.S. 39:3-40.The person convicted shall be informed orally and inwriting. A person shall be required to acknowledgereceipt of that written notice in writing. Failure toreceive a written notice or failure to acknowledge inwriting the receipt of a written notice shall not be adefense to a subsequent charge of a violation of R.S.

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39:3-40. In the event that a person convicted underthis section is the holder of any out-of-State driver'slicense, the court shall not collect the license butshall notify forthwith the chief administrator, whoshall, in turn, notify appropriate officials in thelicensing jurisdiction. The court shall, however,revoke the nonresident's driving privilege to operatea motor vehicle in this State, in accordance with thissection. Upon conviction of a violation of thissection, the court shall notify the person convicted,orally and in writing, of the penalties for a second,third or subsequent violation of this section. Aperson shall be required to acknowledge receipt ofthat written notice in writing. Failure to receive awritten notice or failure to acknowledge in writingthe receipt of a written notice shall not be a defenseto a subsequent charge of a violation of this section.(d) The chief administrator shall promulgate rulesand regulations pursuant to the "AdministrativeProcedure Act," P.L. 1968, c.410 (C. 52: 14B-1 etseq.) in order to establish a program of alcoholeducation and highway safety, as prescribed by thisact. (e) Any person accused of a violation of thissection who is liable to punishment imposed by thissection as a second or subsequent offender shall beentitled to the same rights of discovery as alloweddefendants pursuant to the Rules Governing theCourts of the State of New Jersey. (f) The counties,in cooperation with the Division of Alcoholism andDrug Abuse and the commission, but subject to theapproval of the Division of Alcoholism and DrugAbuse, shall designate and establish on a county orregional basis Intoxicated Driver Resource Centers.These centers shall have the capability of serving ascommunity treatment referral centers and as courtmonitors of a person's compliance with the orderedtreatment, service alternative or community service.All centers established pursuant to this subsectionshall be administered by a counselor certified by theAlcohol and Drug Counselor Certification Board ofNew Jersey or other professional with a minimum offive years experience in the treatment of alcoholism.All centers shall be required to developindividualized treatment plans for all personsattending the centers; provided that the duration ofany ordered treatment or referral shall not exceedone year. It shall be the center's responsibility to

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establish networks with the community alcohol anddrug education, treatment and rehabilitationresources and to receive monthly reports from thereferral agencies regarding a person's participationand compliance with the program. Nothing in thissubsection shall bar these centers from developingtheir own education and treatment programs;provided that they are approved by the Division ofAlcoholism and Drug Abuse. Upon a person's failureto report to the initial screening or any subsequentordered referral, the Intoxicated Driver ResourceCenter shall promptly notify the sentencing court ofthe person's failure to comply. Required detentionperiods at the Intoxicated Driver Resource Centersshall be determined according to the individualtreatment classification assigned by the IntoxicatedDriving Program Unit. Upon attendance at anIntoxicated Driver Resource Center, a person shallbe required to pay a per diem fee of $75.00 for thefirst offender program or a per diem fee of $100.00for the second offender program, as appropriate. Anyincreases in the per diem fees after the first full yearshall be determined pursuant to rules and regulationsadopted by the person permits another person who isunder the influence of intoxicating liquor to operatea motor vehicle owned by him or in his custody orcontrol or permits another person with a bloodalcohol concentration of 0.08% or higher but lessthan 0.10% to operate a motor vehicle, to a fine ofnot less than $250 nor more than $400 and a periodof detainment of not less than 12 hours nor morethan 48 hours spent during two consecutive days ofnot less than six hours each day and served asprescribed by the program requirements of theIntoxicated Driver Resource Centers establishedunder subsection (f) of this section and, in thediscretion of the court, a term of imprisonment ofnot more than 30 days and shall forthwith forfeit hisright to operate a motor vehicle over the highwaysof this State for a period of three months; (ii) if theperson's blood alcohol concentration is 0.10% orhigher, or the person operates a motor vehicle whileunder the influence of narcotic, hallucinogenic orhabit-producing drug, or the person permits anotherperson who is under the influence of narcotic,hallucinogenic or habit-producing drug to operate amotor vehicle owned by him or in his custody or

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control, or permits another person with a bloodalcohol concentration of 0.10% or more to operate amotor vehicle, to a fine of not less than $300 normore than $500 and a period of detainment of notless than 12 hours nor more than 48 hours spentduring two consecutive days of not less than sixhours each day and served as prescribed by theprogram requirements of the Intoxicated DriverResource Centers established under subsection (f) ofthis section and, in the discretion of the court, a termof imprisonment of not more than 30 days and shallforthwith forfeit his right to operate a motor vehicleover the highways of this State for a period of notless than seven months nor more than one year; (iii)For a first offense, a person also shall be subject tothe provisions of P.L. 1999, c.417 (C.39:4-50.16 etal.).

(2) For a second violation, a person shall be subjectto a fine of not less than $500.00 nor more than$1,000.00, and shall be ordered by the court toperform community service for a period of 30 days,which shall be of such form and on such terms asthe court shall deem appropriate under thecircumstances, and shall be sentenced toimprisonment for a term of not less than 48consecutive hours, which shall not be suspended orserved on probation, nor more than 90 days, andshall forfeit his right to operate a motor vehicle overthe highways of this State for a period of two yearsupon conviction, and, after the expiration of saidperiod, he may make application to the ChiefAdministrator of the New Jersey Motor VehicleCommission for a license to operate a motor vehicle,which application may be granted at the discretion ofthe chief administrator, consistent with subsection (b)of this section. For a second violation, a person alsoshall be required to install an ignition interlockdevice under the provisions of P.L. 1999, c.417(C.39:4-50.16 et al.) or shall have his registrationcertificate and registration plates revoked for twoyears under the provisions of section 2 of P.L. 1995,c.286 (C.39:3-40.1).

(3) For a third or subsequent violation, a person shallbe subject to a fine of $1,000.00, and shall besentenced to imprisonment for a term of not less than

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180 days in a county jail or workhouse, except thatthe court may lower such term for each day, notexceeding 90 days, served participating in a drug oralcohol inpatient rehabilitation program approved bythe Intoxicated Driver Resource Center and shallthereafter forfeit his right to operate a motor vehicleover the highways of this State for 10 years. For athird or subsequent violation, a person also shall berequired to install an ignition interlock device underthe provisions of P.L. 1999, c.417 (C.39:4-50.16 etal.) or shall have his registration certificate andregistration plates revoked for 10 years under theprovisions of section 2 of P.L. 1995, c.286 (C.39:3-40.1). As used in this section, the phrase "narcotic,hallucinogenic or habit-producing drug" includes aninhalant or other substance containing a chemicalcapable of releasing any toxic vapors or fumes forthe purpose of inducing a condition of intoxication,such as any glue, cement or any other substancecontaining one Commissioner of Health and SeniorServices in consultation with the Governor's Councilon Alcoholism and Drug Abuse pursuant to the"Administrative Procedure Act," P.L. 1968, c.410 (C.52: 14B-1 et seq.). The centers shall conduct aprogram of alcohol and drug education and highwaysafety, as prescribed by the chief administrator. TheCommissioner of Health and Senior Services shalladopt rules and regulations pursuant to the"Administrative Procedure Act," P.L. 1968, c.410 (C.52: 14B-1 et seq.), in order to effectuate the purposesof this subsection. (g) When a violation of thissection occurs while: (1) on any school property usedfor school purposes which is owned by or leased toany elementary or secondary school or school board,or within 1,000 feet of such school property; (2)driving through a school crossing as defined in R.S.39:1-1 if the municipality, by ordinance orresolution, has designated the school crossing assuch; or (3) driving through a school crossing asdefined in R.S. 39:1-1 knowing that juveniles arepresent if the municipality has not designated theschool crossing as such by ordinance or resolution,the convicted person shall: for a first offense, befined not less than $500 or more than $800, beimprisoned for not more than 60 days and have hislicense to operate a motor vehicle suspended for aperiod of not less than one year or more than two

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years; for a second offense, be fined not less than$1,000 or more than $2,000, perform communityservice for a period of 60 days, be imprisoned for notless than 96 consecutive hours, which shall not besuspended or served on probation, nor more than 180days, except that the court may lower such term foreach day, not exceeding 90 days, served performingcommunity service in such form and on such termsas the court shall deem appropriate under thecircumstances and have his license to operate amotor vehicle suspended for a period of not less thanfour years; and, for a third offense, be fined $2,000,imprisoned for 180 days in a county jail orworkhouse, except that the court may lower suchterm for each day, not exceeding 90 days, servedparticipating in a drug or alcohol inpatientrehabilitation program approved by the IntoxicatedDriver Resource Center, and have his license tooperate a motor vehicle suspended for a period of 20years; the period of license suspension shallcommence upon the completion of any prisonsentence imposed upon that person. A map or truecopy of a map depicting the location and boundariesof the area on or within 1,000 feet of any propertyused for school purposes which is owned by orleased to any elementary or secondary school orschool board produced pursuant to section 1 of P.L.1987, c.101 (C. 2C:35-7) may be used in aprosecution under paragraph (1) of this subsection. Itshall not be relevant to the imposition of sentencepursuant to paragraph (1) or (2) of this subsectionthat the defendant was unaware that the prohibitedconduct took place while on or within 1,000 feet ofany school property or while driving through aschool crossing. Nor shall it be relevant to theimposition of sentence that no juveniles were presenton the school property or crossing zone at the timeof the offense or that the school was not in session.(h) A court also may order a person convictedpursuant to subsection a. of this section, toparticipate in a supervised visitation program aseither a condition of probation or a form ofcommunity service, giving preference to those whowere under the age of 21 at the time of the offense.Prior to ordering a person to participate in such aprogram, the court may consult with any person whomay provide useful information on the defendant's

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physical, emotional and mental suitability for thevisit to ensure that it will not cause any injury to thedefendant. The court also may order that thedefendant participate in a counseling session underthe supervision of the Intoxicated Driving ProgramUnit prior to participating in the supervised visitationprogram. The supervised visitation program shall beat one or more of the following facilities which haveagreed to participate in the program under thesupervision of the facility's personnel and theprobation department: (1) a trauma center, criticalcare center or acute care hospital having basicemergency services, which receives victims of motorvehicle accidents for the purpose of observingappropriate victims of drunk drivers and victims whoare, themselves, drunk drivers; (2) a facility whichcares for advanced alcoholics or drug abusers, toobserve persons in the advanced stages of alcoholismor drug abuse; or (3) if approved by a countymedical examiner, the office of the county medicalexaminer or a public morgue to observe appropriatevictims of vehicle accidents involving drunk drivers.As used in this section, "appropriate victim" means avictim whose condition is determined by the facility'ssupervisory personnel and the probation officer to beappropriate for demonstrating the results of accidentsinvolving drunk drivers without being unnecessarilygruesome or traumatic to the defendant. If at anytime before or during a visitation the facility'ssupervisory personnel and the probation officerdetermine that the visitation may be or is traumaticor otherwise inappropriate for that defendant, thevisitation shall be terminated without prejudice to thedefendant. The program may include a personalconference after the visitation, which may includethe sentencing judge or the judge who coordinatesthe program for the court, the defendant, defendant'scounsel, and, if available, the defendant's parents todiscuss the visitation and its effect on the defendant'sfuture conduct. If a personal conference is notpracticable because of the defendant's absence fromthe jurisdiction, conflicting time schedules, or anyother reason, the court shall require the defendant tosubmit a written report concerning the visitationexperience and its impact on the defendant. Thecounty, a court, any facility visited pursuant to theprogram, any agents, employees, or independent

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contractors of the court, county, or facility visitedpursuant to the program, and any person supervisinga defendant during the visitation, are not liable forany civil damages resulting from injury to thedefendant, or for civil damages associated with thevisitation which are caused by the defendant, exceptfor willful or grossly negligent acts intended to, orreasonably expected to result in, that injury ordamage. The Supreme Court may adopt court rulesor directives to effectuate the purposes of thissubsection. (i) In addition to any other fine, fee, orother charge imposed pursuant to law, the court shallassess a person convicted of a violation of theprovisions of this section a surcharge of $100, ofwhich amount $50 shall be payable to themunicipality in which the conviction was obtainedand $50 shall be payable to the Treasurer of the Stateof New Jersey for deposit into the General Fund.

N.J.S.A. 39:4-50.14 Operation of a motor vehicle byperson who has consumed alcohol but is under thelegal age to purchase alcoholic beverages; penaltiesAny person under the legal age to purchase alcoholicbeverages who operates a motor vehicle with a bloodalcohol concentration of 0.01% or more, but lessthan 0.08%, by weight of alcohol in his blood, shallforfeit his right to operate a motor vehicle over thehighways of this State or shall be prohibited fromobtaining a license to operate a motor vehicle in thisState for a period of not less than 30 or more than 90days beginning on the date he becomes eligible toobtain a license or on the day of conviction,whichever is later, and shall perform communityservice for a period of not less than 15 or more than30 days. In addition, the person shall satisfy theprogram and fee requirements of an IntoxicatedDriver Resource Center or participate in a programof alcohol education and highway safety asprescribed by the chief administrator. The penaltiesprovided under the provisions of this section shall bein addition to the penalties which the court mayimpose under N.J.S. 2C:33-15, R.S. 33:1-81, R.S.39:4-50 or any other law.

N.J.S.A. 39:4-51 Sentence for violation of sectionN.J.S.A. 39:4-50 must be served; release on workrelease program

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A person who has been convicted of a first or secondviolation of section 39:4-50 of this Title, and inpursuance thereof has been imprisoned in a countyjail or workhouse in the county in which the offensewas committed, shall not, after commitment, bereleased therefrom until the term of imprisonmentimposed has been served. A person imprisoned in thecounty jail or workhouse may in the discretion of thecourt, be released on a work release program. Nowarden or other officer having custody of the countyjail or workhouse shall release therefrom a person socommitted, unless the person has been released bythe court on a work release program, until thesentence has been served. A person sentenced to aninpatient rehabilitation program may upon petition bythe treating agency be released, by the court, to anoutpatient rehabilitation program for the duration ofthe original sentence. Nothing in this section shall beconstrued to interfere in any way with the operationof a writ of habeas corpus, a proceeding in lieu ofthe prerogative writs, or an appeal. The administratorshall adopt such rules and regulations to effectuatethe provisions of this section as he shall deemnecessary.

CONCLUSION The State must clearly prove certainconditions, among others:

1. The equipment was in proper working order wasperiodically inspected in accordance withprocedures. Romano v. Kimmelman, 96 N.J. 66, 81and 82 (1984) 2. The operator was qualifiedi.e.,properly certifiedto administer the instrument. Id.;State v. Ernst, 230 N.J. Super. 238 (App. Div. 1989),cert den. 117 N.J. 40; 3. The test was givencorrectly-- ie in accordance with official instructionsand accepted procedures. Romano, supra at 81 and82

The law entitles drunk driving defendants to pretrialdiscovery. R.3:133; R.7:42(h); State v. Young, 242N.J. Super. 467, 470 (App. Div. 1990); State v. Ford,240 N.J. Super. 44, 48 (App. Div. 1990); State v.Utsch, 184 N.J. Super. 575, 579 (App. Div. 1982).Due process requires the State disclose evidence thatis material to either guilt or punishment; indeed, theprosecution has a constitutional duty to turn over

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exculpatory evidence that would raise reasonabledoubt about a defendant's guilt. See Brady v.Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d215 (1963), United States v. Agurs, 427 U.S. 97, 98S.Ct. 2392, 49 L.Ed. 2d 342 (1976). A wide varietyof materials in the State's possession could constituteexculpatory information to which a defendant isentitled. Ford, supra at 52 A demand for discoveryhas been served upon the prosecutor who has theresponsibility to answer. State v. Tull, 234 N.J.Super. 486, 494 (Law Div. 1989). A defendant's rightto discovery is not dependent upon an appraisal ofthe beneficial value of the material sought to bediscovered. State v. Polito, 116 N.J. Super. 552 (App.Div. 1977), Ford, supra at 51). Thus, a prosecutor isexpected to act reasonably when responding to adiscovery demand. Tull, supra at 496. The prosecutormay not refuse a discovery demand simply becausethe information or materials sought are not in themunicipal offices or within easy reach. Id. at 495.The municipal prosecutor cannot refuse productionon the ground that the requested information is notknown by the prosecutor personally to be inexistence when its existence is either commonknowledge of the police department or when theknowledge could be obtained by reasonable inquiry.Id. at 500. The municipal prosecutor must eitherobject to what the prosecutor perceives to beirrelevant discovery requests, or respond within 10days of the receipt of the defendant's request fordiscovery. Ford supra at 51; see Tull, supra at 500.The municipal prosecutor may be sanctioned forfailing to provide discovery. R.3:13; see State v.Audette, 201 N.J. Super. 410 (App. Div. 1985) Statev. Polasky, 216 N.J. Super. 549 (Law Div. 1986). Adefendant who believes the State has not suppliedrelevant materials reasonably required for thedefense may give notice to the State and the courtprior to the date set for commencement of trialwhere possible. Ford, supra at 52. Informationrelating to prerequisite conditions establishingreliability is highly relevant, Ford, supra at 52, andextremely material. Id. at 51. Thus, informationconcerning conditions under which tests were held,the machine operator's competence, the particularmachine's state of repair and identification, anddocumentation of the ampoule used for defendant's

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breath tests are all relevant inquiries. Id.

Conclusion If charged with Driving WhileIntoxicated, immediately schedule an in-officeappointment with a trial attorney. Don't rely on a realestate attorney, public defender or a family memberwho simply attended law school. When your drivingprivileges and ability to drive to work is on the line,hire an experienced attorney.

KENNETH VERCAMMEN & ASSOCIATES, PCATTORNEY AT LAW 2053 Woodbridge Ave.Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030

TRIAL AND LITIGATION EXPERIENCE In hisprivate practice, he has devoted a substantial portionof his professional time to the preparation and trialof litigated matters. He appears in Courts throughoutNew Jersey several times each week on manypersonal injury matters, Criminal and Municipal/traffic Court trials, Probate hearings, and contestedadministrative law hearings.

Mr. Vercammen served as the Prosecutor for theTownship of Cranbury, Middlesex County and wasinvolved in trials on a weekly basis. He also arguedall pre-trial motions and post-trial applications onbehalf of the State of New Jersey.

He has also served as a Special Acting Prosecutor inWoodbridge, Perth Amboy, Berkeley Heights,Carteret, East Brunswick, Jamesburg, SouthBrunswick, South River and South Plainfield forconflict cases. Since 1989, he has personally handledhundreds of criminal and motor vehicle matters as aProsecutor and now as defense counsel and has hadsubstantial success.

Previously, Mr. Vercammen was Public Defender forthe Township of Edison and Borough of Metuchenand a Designated Counsel for the Middlesex CountyPublic Defender's Office. He represented indigentindividuals facing consequences of magnitude. Hewas in Court trying cases and making motions indifficult criminal and DWI matters. Every case hepersonally handled and prepared.

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His resume sets forth the numerous bar associationsand activities which demonstrate his commitment tothe legal profession and providing qualityrepresentation to clients.

Since 1985, his primary concentration has been onlitigation matters. Mr. Vercammen gained other legalexperiences as the Confidential Law Clerk to theCourt of Appeals of Maryland (Supreme Court) withthe Delaware County, PA District Attorney Officehandling Probable Cause Hearings, MiddlesexCounty Probation Department as a ProbationOfficer, and an Executive Assistant to ScrantonDistrict Magistrate, Thomas Hart, in Scranton, PA.

Minimum Mandatory Fines, Points, Jailand Penalties Relating to Selected Motor

Vehicle Offenses

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Meet with an experienced Attorney to handle your important legal needs.Please call the office to schedule a confidential "in Office" consultation.

Attorneys are not permitted to provide legal advice by email.

Kenneth Vercammen's Law office represents individuals charged withcriminal, drug offenses, and serious traffic violations throughout New Jersey.Our office helps people with traffic/ municipal court tickets including driverscharged with Driving While Intoxicated, Refusal and Driving WhileSuspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney ofthe Year and past president of the Middlesex County Municipal Prosecutor'sAssociation.

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Criminal and Motor vehicle violations can cost you. You will have to payfines in court or receive points on your drivers license. An accumulation of toomany points, or certain moving violations may require you to pay expensivesurcharges to the N.J. DMV [Division of Motor Vehicles] or have your licensesuspended. Don't give up! The Law Office of Kenneth Vercammen canprovide experienced attorney representation for criminal motor vehicleviolations.

When your job or driver's license is in jeopardy or you are facingthousands of dollars in fines, DMV surcharges and car insurance increases,you need excellent legal representation. The least expensive attorney is notalways the answer. Schedule an appointment if you need experienced legalrepresentation in a traffic/municipal court matter.

Our website provides information on traffic offenses we can be retained torepresent people. Our website also provides details on jail terms for trafficviolations and car insurance eligibility points. Car insurance companiesincrease rates or drop customers based on moving violations.

Contact the Law Office of Kenneth Vercammen & Associates,

P.C. at 732-572-0500

for an appointment.The Law Office cannot provide legal advice or answer legal questions over the phone

or by email. Please call the Law office and schedule a confidential "in office"consultation. The Law Office now accepts payment by American Express, Visa and

Master Card.

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Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised orguaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on informationat this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies withthe New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entityunless specifically stated. The existence of any particular link is simply intended to imply potential interest to the reader,inclusion of a link should not be construed as an endorsement.

© 2011 Kenneth Vercammen & Associates, P.C.