STATE OF NEW JERSEY VS. JEFFREY S. ZEIKEL A-1495-10T4 11-09-11

STATE OF NEW JERSEY VS. JEFFREY S. ZEIKEL A-1495-10T4

Defendant was correctly sentenced as a third-time DWI

offender based on a prior conviction in New Jersey for DWI and

two prior convictions in New York State for driving while

ability impaired. The New York convictions were "of a

substantially similar nature" as a DWI violation in New Jersey.

See N.J.S.A. 39:4-50(a)(3). Defendant's constitutional,

statutory, and factual challenges to the consideration of his

1980s New York convictions are rejected.

Kenneth Vercammen is a regular author in Law Enforcement Publications

Kenneth Vercammen is a regular author in Law Enforcement Publications including:

“Wills & Estate Planning For Police Officers The New Jersey Police Chief Magazine May 2011

Top 25 Cases Affecting Law Enforcement 2011 The New Jersey Police Chief Magazine April 2011

”Prosecuting the Speeding Ticket” The New Jersey Police Chief Magazine July/ August 2010

“Prosecuting Driving While Suspended Cases” The New Jersey Police Chief January 2010

“Top Municipal Court and Criminal Cases 2009” The Middlesex Advocate February 2010

Prosecuting the Driving Without Insurance Violation 39:6B-2” The New Jersey Police Chief November, 2009

“ Major Municipal Court and Criminal Cases in New Jersey” The New Jersey Police Chief July 2009

39:3-66. Maintenance of lamps, reflectors

39:3-66. Maintenance of lamps, reflectors
All lamps, reflectors and other illuminating devices required by this article shall be kept clean and in good working order and, as far as practicable, shall be mounted in such a manner as to reduce the likelihood of their being obscured by mud or dust thrown up by the wheels.

Maintenance of lamps

$54

9:8-4 Reinspection

9:8-4 Reinspection
39:8-4 a. If inspections as required by R.S. 39:8-1 disclose the necessity for adjustments, corrections or repairs, the director shall cause a rejection sticker to be issued.

b. The director may require the owner of a motor vehicle requiring an adjustment, correction or repair that is not emission-related to have that adjustment, correction or repair made and thereafter have the vehicle reinspected at an official inspection facility or at a licensed private inspection facility within the period designated by the director.

The director may cause a certificate of approval to be issued for a motor vehicle needing an adjustment, correction or repair that is not emission-related in order to conform to the requirements of chapter 3 and chapter 8 of this Title, but which, in the director's determination, is nevertheless safe. In such cases the director shall issue notice to the vehicle owner to have the adjustment, correction or repair made within a specified period of time, subject to the penalties of R.S.39:8-9.

c. The director shall require the owner of a motor vehicle requiring an adjustment, correction or repair that is emission-related to have that adjustment, correction or repair made and thereafter have the vehicle reinspected at an official inspection facility or at a private inspection facility, as determined by the director, within the period designated by the director.

39:8-4

Failure to make repairs

$130

N.J.S.A. 39:4-50 1st Offense – BAC 0.08% or higher, but less than .10%,

N.J.S.A. 39:4-50

1st Offense – BAC 0.08% or

higher, but less than .10%,

or observation case

1st Offense – BAC

0.10% or higher or

operation under

influence of drugs 1st Offense 2nd Offense

3rd or Subsequent

Offense

39:4-50

Continued

Driving While Intoxicated Driver’s license suspension

for a period of 3 months, and

Driver’s license

suspension for not less

than 7 months nor more

than 1 year, and

Driver’s license

suspension for 2

years, and

Community service

for 30 days, and

Driver’s license

suspension for 10

years, and

IDRC 12 to 48 hours spent

during 2 consecutive days of

not less than 6 hours each

day, and

IDRC 12 to 48 hours

spent during 2

consecutive days of not

less than 6 hours each

day, and

May order participation in

supervised visitation program

as either a condition of

probation or form of

community service, and

May order participation in

supervised visitation

program as either a

condition of probation or

form of community

service, and

May order

participation in

supervised

visitation program

as either a

condition of

probation or form of

community service,

and

May order

participation in a

supervised visitation

program as either a

condition of probation

or form of community

service and

39:4-50

Continued

Driving While Intoxicated May order installation of an

interlock device for not less

than 6 mos. nor more than 1

year commencing

immediately on return of

offender’s driver’s license

(39:4-50.17), and

If BAC is less than .15%

may order installation of

an ignition interlock

device for not less than 6

mos. nor more than 1

year commencing

immediately on return of

offender’s driver’s

license, and

Shall order

installation of

ignition interlock

device during

license suspension

and for not less

than 1 year nor

more than 3 years

commencing

immediately upon

return of offender’s

driver’s license, and

Shall order

installation of ignition

interlock device

during license

suspension and for

not less than 1 year

nor more than 3

years commencing

immediately upon

return of offender’s

driver’s license, and

BAC of .15% or higher

shall order installation of

ignition interlock device

during period of

suspension and for not

less than 6 mos. nor

more than 1 year

beginning immediately

upon return of offender’s

driver’s license.

N.J.S.A. 39:4-50 1st Offense – BAC 0.08% or higher, but less than .10%, or observation case 1st Offense – BAC

N.J.S.A. 39:4-50

1st Offense – BAC 0.08% or

higher, but less than .10%,

or observation case

1st Offense – BAC

0.10% or higher or

operation under

influence of drugs 1st Offense 2nd Offense

3rd or Subsequent

Offense

39:4-50 Driving While Intoxicated $250 to $400 fine, and $300 to $500 fine, and $500 to $1000 fine,

and

$1000 fine, and

VCCA $50, DDEF $100,

SNSF $75, $100 surcharge,

and

VCCA $50, DDEF $100,

SNSF $75, $100

surcharge, and

VCCA $50, DDEF

$100, SNSF $75,

$100 surcharge,

and

VCCA $50, DDEF

$100, SNSF $75, and

$100 surcharge, and

In court’s discretion,

imprisonment not exceeding

30 days, and

In court’s discretion,

imprisonment not

exceeding 30 days, and

Imprisonment of

not less than 48

consecutive hours,

which shall not be

suspended or

served on

probation, nor more

than 90 days (court

may authorize 2

days through

IDRC), and

Imprisonment not

less than 180 days in

county jail or

workhouse – no

work-release, outpatient,

etc.: must

do time in

confinement.

Except the court may

order defendant to

serve up to 90 days

of that sentence

participating in a drug

or alcohol inpatient

rehabilitation program

approved by the

IDRC, and

Police Officers are invited to Ken Vercammen’s Christmas Party and Holiday Social Friday, December 2

Police Officers are invited to Ken Vercammen’s Christmas Party and Holiday Social

Friday, December 2 5:00pm - 7:00pm

Bar Anticipation “Where summer never ends” 703 16th Avenue Lake Como/ Belmar, NJ 07719

Free

5-8 Hot & Cold Buffet with carving station

$1.00 Drafts 6-7 [need special wrist band from Ken V]

We are in the back room past the stage, called the Mahogany Room, near the outdoor bar.

This is open to your friends. If attending contact Ken’s Law Office so we can put your name on the list for wristbands 732-572-0500

Bring a canned food donation for the St. James Food Bank Hands of Hope. Meet the "SuperLawyers" of NJ.

Free gifts to clients & friends. The following will be offered:

Coffee Travel Mugs

Yellow T-Shirt "My attorney fights to win"

Can Coozies

Water Bottle

Stadium Cup

Magnet clip

Band-Aid holders

Candy/ breath mints

Fish cards

More details at http://www.facebook.com/event.php?eid=175941519154087

http://www.njlaws.com/Christmas-party.htm

STATE OF NEW JERSEY VS. JOSEPH DIORIO A-4981-07T4

STATE OF NEW JERSEY VS. JOSEPH DIORIO A-4981-07T4

We affirm defendant's convictions for his role in a planned bankruptcy, also known as a "bust-out" scheme. We find that the indictment was returned within the statute of limitations period because the theft by deception was not completed until the contractual period for repayment had ended, not when the goods were received. Additionally, we reject defendant's argument that an oral plea agreement existed. 10-20-11

NEW JERSEY DIVISION OF YOUTH AND FAMILY SERVICES VS. I.S. A-5793-09T3

In this appeal, defendant challenges the order entered by the Family Part judge granting custody of one of defendant's twin daughters to her former spouse and the twins' biological father. Defendant contends that in the absence of a finding ofabuse or neglect, the minor child should have been returned to defendant, from whom she had been removed.

We hold that the court's jurisdiction over the matter was appropriately continued, notwithstanding the absence of a finding of abuse or neglect, because the court's continued assistance was required. In addition, because the Division of Youth and Family Services initiated proceedings against defendant and her former spouse under both Title 9 and Title 30, the court's jurisdiction was also appropriately invoked pursuant to Title 30.

We additionally hold that as long as appropriate procedural due process is satisfied and the requisite standards and burdens of proof attendant to each statutory scheme are satisfied, overlapping or hybrid proceedings brought pursuant to both Title 9 and Title 30 will not be set aside. 8-31-11

STATE OF NEW JERSEY VS. COREY MISURELLA A-1439-10T4

In this appeal from a DWI conviction, the State concedes that the right not to be subjected to unreasonable delay applies to an appeal, see State v. Le Furge, 222 N.J. Super. 92, 98 (App. Div.), certif. denied, 111 N.J. 568 (1988), and therefore, to a trial de novo in the Superior Court. We apply the factors established in Barker v. Wingo, 407 U.S. 514, 92 S. Ct. 2182, 33 L. Ed. 2d 101 (1972), and conclude that defendant's speedy trial right was not violated by a 798-day delay from the time he filed his notice of appeal in the Law Division under R. 3:23 until a trial de novo was actually held. 8-26-11

L.M.F. VS. J.A.F., JR. A-0121-10T3

In this appeal from a final domestic violence restraining order, we apply the principles articulated by the Court in J.D. v. M.D.F., _____ N.J. _____ (2011), and conclude the trial court erred in finding the predicate offense of harassment. Theparties are divorced parents. They used text messaging as the primary means of exchanging information about their two children. The domestic violence complaint alleged harassment based on defendant sending plaintiff eighteen text messages over a three-hour period. The content of the messages was not threatening or menacing in any way. We also hold there was insufficient evidence of a history of domestic violence to substantiate that a restraining order was necessary to prevent further abuse as required under Silver v. Silver, 387 N.J. Super. 112 (App. Div. 2006). 8-22-11