39:4-97 Careless driving

39:4-97 Careless driving

    39:4-104 Fine or imprisonment not

exceeding 15 days, or both

$50 $200 plus court costs

NJ MVC Points 39:4-97 Careless driving

2

and 2 Car insurance points

    39 :4-97 .  A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.

Plus Judge Can Suspend DL for Willful Traffic Offense.

State v. Moran  202 NJ 311 (2010)

         The license suspension provision of N.J.S.A. 39:5-31, which is published in the Motor Vehicle Code of the New Jersey Statutes Annotated, is not “hidden,” and defendant, like all motorists, is presumed to know the law.  To ensure that license suspensions meted out pursuant to N.J.S.A. 39:5-31 are imposed in a reasonably fair and uniform manner, so that similarly situated defendants are treated similarly, the Court today defines the term “willful violation” contained in N.J.S.A. 39:5-31 and enunciates sentencing standards to guide municipal court and Law Division judges

Careless driving Careless driving 39:4-97 requires the State to provide the vehicle was operated by the defendant carelessly or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property

         The NJ Appellate Division in held in State v Lutz 309 N.J. Super. 317 (App. Div. 1998) that merely because an accident took place a driver does not been the driver is guilty of careless driving. The court wrote:

         "Finally, we find merit in defendant's contention that the State failed to prove beyond a reasonable doubt that he was guilty of careless driving.

The court wrote:

     It appears that both the Municipal Court judge and the Law Division judge applied a res ipsa loquitur analysis in finding defendant guilty of careless driving.   The doctrine of res ipsa loquitur, however, has no application in the determination of careless driving due to the quasi-criminal nature of the proceeding in which the State has the burden of proving beyond a reasonable doubt all elements of the offense.   See State v. Wenzel, 113 N.J.Super., 215, 216-18, 273 A.2d 395 (App.Div.1971) (the mere fact of an “otherwise unexplained jackknifing” where a tractor-trailer entering a construction area had jackknifed on the wet roadway, crossed into the opposite lane and broadsided another truck fatally injuring the truck's driver, did not establish that the defendant had been driving carelessly.)

The careless driving statute provides:

[a] person who drives a vehicle on a highway carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving.

[N.J.S.A. 39:4-97.]

Here, other than the accident itself, the State only presented defendant's statement that his vehicle began to slide on the wet highway and continued to do so when he tapped his brakes.   Moreover, his apology was not an admission to driving carelessly, but merely a statement that his car had slid on the wet pavement.   The State presented no evidence indicating that defendant had been speeding, driving too fast for the wet road conditions, distracted or otherwise driving without due caution and circumspection.   Consequently, there was insufficient evidence to support defendant's conviction for careless driving, and we reverse that conviction.

      In State v. Wenzel, 113 N.J. Super. 215 (App. Div. 1971) defendant was charged with careless driving when his tractor-trailer jackknifed and struck another trailer. The State's only witness did not see the accident. There was no evidence defendant was speeding or that he drove without due caution or circumspection. However, both the municipal and county courts determined that an otherwise unexplained jackknifing was indicative of careless driving. The Appellate Division reversed, holding the res ipsa doctrine employed by the lower courts had no place in a quasi-criminal action for careless driving. The rationale of the Wenzel decision applies to this case.

        

See also State v Roenicke 174 N.J. Super. 513 (Law Div 1980)

       Defendant was involved in a one-car accident which was not observed by the trooper or any other witness. The State failed to establish beyond a reasonable doubt that he drove in a reckless manner.  Defendant cannot be found guilty of reckless driving, and his conviction is set aside.

39:4-97.     Careless driving  
    39:4-97.  A person who drives a vehicle carelessly, or without due caution and circumspection, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of careless driving. 

         More info at http://www.njlaws.com/careless_reckless_driving.htm

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

DWI plea bargaining

Guardianship and Annual reports

Handling Drug, DWI and Serious Cases in Municipal Court Seminar October 30, 2017

 Handling Drug, DWI and Serious Cases in Municipal Court Seminar  

 October 30, 2017

5:30PM-9:05PM

NJ Law Center, New Brunswick, NJ

     Please forward to any attorneys, prosecutors or judges you believe may be interested.

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

Tara Auciello, Esq. Municipal Prosecutor (South River) Law Office of Tara Auciello, Esq. (New Brunswick)

William Brigiani, Esq. Brigiani & Cohen, LLC (East Brunswick)

Gregory DeMichele, Esq. NJSBA Trustee DeMichele and DeMichele (Haddon Heights)

John Menzel, Esq. Past Chair, NJSBA Municipal Court Practice Section Law Offices of John Menzel (Point Pleasant)

Norma M. Murgado, Esq. Chief Prosecutor (Elizabeth) Chief Prosecutor (Woodbridge) Murgado & Carroll, Esqs. (Elizabeth)

$170- $190 tuition depending on  NJSBA membership 

Seminar # ICMCP150717

Location: New Jersey Law Center

One Constitution Square

New Brunswick, NJ 08901

Facebook  https://www.facebook.com/events/118305672022973 

NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION

NJICLE, A Division of the NJSBA NJ State Bar Association 732-214-8500

CustomerService@njicle.com

https://tcms.njsba.com/personifyebusiness/njicle/CLEPrograms/NJICLEEventsCalendar/MeetingDetails.aspx?productId=9310832

CAN’T ATTEND?   Contact NJ ICLE for CD, book, Video

   This informative seminar on Municipal Court practice and procedure will familiarize you with recent new developments affecting cases that are heard in Municipal Court. 

An authoritative panel of experienced attorneys will be joined by well-respected Municipal Prosecutors to explore a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients. 


Includes sandwiches, dessert, a 400-page book  with sample forms, documents & checklists!

  NJ Institute for Continuing Legal Education presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers’ Division


    Municipal Court and Criminal Law attorneys may also be interested in the ABA’s CRIMINAL LAW FORMS book

Award winning book from the American Bar Association

Solo & Small Firm Division Author: Kenneth Vercammen

 Use Criminal Law Forms to help represent persons charged with criminal and traffic offenses. Detailed instruction and valuable insight is offered beginning with the initial contact with the client, to walking into the courthouse, and managing the steps that follow. Two hundred and ten modifiable forms help make criminal lawyers more efficient and productive, while also reducing the chance for mistakes. Criminal Law Forms helps lawyers face the challenges of:

•     Criminal defense

•     DWI cases

•     Juvenile offenses

•     Domestic violence

•     Traffic violations

•     Auto Accidents

•     And much more

Regular price $139.95,  GP SOLO Member Price $129.95 To order contact ABA Customer Care, 1-800-285-2221 321 N. Clark Street, Chicago, IL 60653 or fax to 312-988-6030 (PC: 5150457) 

ISBN:

978-1-61438-879-1

http://apps.americanbar.org/abastore/index.cfm?section=main&fm=Product.AddToCart&pid=5150457

      Author: Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney where he  handles Criminal, Municipal Court, Probate,  Litigation and Estate Administration matters. Ken is author of the American Bar Association’s new book “Criminal Law Forms” and often lectures to trial lawyers of the American Bar Association, NJ State Bar Association and Middlesex County Bar Association.  As the Past Chair of  the Municipal Court Section he has served on its board for 10 years. 

     Awarded the Municipal Court Attorney of the Year by both the NJSBA and Middlesex County Bar Association, he also received the NJSBA- YLD Service to the Bar Award and the General Practitioner Attorney of the Year, now Solo Attorney of the Year.

        Ken Vercammen is a highly regarded lecturer on both Municipal Court/ DWI and Estate/ Probate Law issues for the NJICLE- New Jersey State Bar Association, American Bar Association, and Middlesex County Bar Association. His articles have been published by NJ Law Journal, ABA Law Practice Management Magazine, YLD Dictum, GP Gazette and New Jersey Lawyer magazine.  He was a speaker at the 2013 ABA Annual meeting program “Handling the Criminal Misdemeanor and Traffic Case” and serves as is the Editor in Chief of the NJ Municipal Court Law Review.

       For nine years he served as the Cranbury Township Prosecutor and also was a Special Acting Prosecutor in nine different towns. Ken has successfully handled over one thousand Municipal Court and Superior Court matters in the past 27 years.

   Ken also serves as the Editor of the popular legal website www.njlaws.com and related blogs. In Law School he was a member of the Law Review, winner of the ATLA trial competition and top ten in class.

       Throughout his career he has served the NJSBA in many leadership and volunteer positions. Ken has testified for the NJSBA before the Senate Judiciary Committee to support changes in the DWI law to permit restricted use driver license and interlock legislation. Ken also testified before the Assembly Judiciary Committee in favor of the first-time criminal offender “Conditional Dismissal” legislation which permits dismissal of some criminal charges. He is the voice of the Solo and Small firm attorneys who juggle active court practice with bar and community activities. Recently, the ABA Solo Division has selected Ken to write its new book on “Marketing for the New and Small Firm Attorney”. In his private life he has been a member of the NJ State champion Raritan Valley Road Runners master’s team and is a 4^th degree black belt.

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax)   732-572-0030

Guardianship and Annual reports

2C 33 15 Underage Possession:Consumption Alcohol

Special Child Power of Attorney to Permit a family Member to care for a minor child NJ Statute 3B:12-39 Delegation of parents or guardians powers regarding care, custody & property of children

Special Child Power of Attorney to Permit a family Member to care for a minor child

     NJ Statute 3B:12-39 Delegation of parents or guardians powers regarding care, custody & property of children

       A parent, other than where custody of a minor has been awarded by a court of competent jurisdiction, with the consent of the other parent, if the latter is living and not an incapacitated person or a guardian of the person of a minor or an incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of his powers regarding care, custody, or property of the minor child or ward, except his power to consent to marriage or adoption of a minor ward.

Commonly Asked Questions

1)  What is a Child Power of Attorney?

A Power of Attorney is a document that allows you to give someone else the authority to care for and make decisions about your child or children.

2)  Do I need to complete a separate form for each of my children?

YES

3)  In the Power of Attorney, what is the person who would get the authority to care for my child or children called?
An “Attorney in Fact”

4)  Does the “Attorney in Fact” have to be an attorney? Does the “Attorney in Fact” have to be a person with some legal immigration status?
NO – An “Attorney in Fact” does not have to be an attorney. You can appoint any adult (18 years of age or over) who you trust and with whom your child/ren would feel comfortable. It is preferable if you appoint someone with legal immigration status, but it is not necessary.

Source: http://www.njtesol-njbe.org/advocacy/FAQsPowerofAttorney3-3-17.pdf

5)  What can an “Attorney in Fact” do?

The Power of Attorney allows you to give someone else the authority to do the following: (1) care for and provide for your child, (2) make medical and educational decisions, (3) approve and arrange for travel plans, (4) and handle any financial matters in which your child may be involved.

You can specify which of these authorities you wish to delegate. You can check only some or you can check all of them. However, if you want the person to be able to fully care for your child if you are not able to do so, then you should check off all of the specific authorities.

6)  Does the Power of Attorney have to be signed by both parents?

The Power of Attorney is best when signed by both parents. However, if that is not possible, you should still complete the form to the best of your ability. The form includes a section where one parent can explain why the other is not signing.

7)  Does the Power of Attorney have to be witnessed?

In order to ensure the validity of the Power of Attorney, it should be witnessed by two people. These people do not have to have any immigration status, but they should be over 18 years old. However, if you cannot find any adult to witness your signature, or can only find one adult, you should still complete the form to the best of your ability. The person you use to notarize the document cannot also be a witness.

8)  Does the Power of Attorney have to be notarized?

In order to ensure the validity of the Power of Attorney, it should be signed in front of an Attorney or notary

9)  Does the Attorney in Fact need to sign the Power of Attorney?

NO

10)  Can someone other than a parent initiate a Power of Attorney?

YES – A person who has legal guardianship can enter into a Power of Attorney, and a person who has legal custody (as opposed to legal guardianship) may also be able to do so. You should complete the form if you are concerned about who will care for the child/ren in your care if you are unable to do so.

For how long is the Power of Attorney in place?

The Power of Attorney is only good for 6 months, but you can complete

more than one.

 Do I lose my authority as a parent if I enter into a Power of Attorney?

NO – While a Power of Attorney is in place, both the parent(s) and the “Attorney in Fact” can make decisions on behalf of the child.

 How can I end a Power of Attorney?

You can end (“revoke”) the Power of attorney at any time. To revoke, you simply put in writing that you are revoking the Power of Attorney. It is best if the revocation is witnessed and notarized just like the Power of Attorney, but this is not necessary.

 Once a Power of Attorney form is finalized, who should keep the original document?

The Attorney in Fact should keep the original notarized document and the parent should keep a copy. It may also be useful to give copies to the children and/or other close family friends or relatives.

 Will the Power of Attorney keep DCPP (child welfare officials) from taking custody of my child?

The Power of Attorney shows that you made a plan for someone else to care for your child if you could not. However, if DCPP has concerns about the welfare of your child, it may still act to protect the child.

 Is this Power of Attorney good in other states?

NO – This power of attorney is only good for New Jersey. Do not share it with family members in other states. If you have family members outside of New Jersey, they should look for similar documents in their home state.

Source http://www.njtesol-njbe.org/advocacy/FAQsPowerofAttorney3-3-17.pdf

Examples:

I/we appoint said attorney in fact, pursuant to the provisions of N.J.S.A. 3B:12-39, and delegate to said attorney in fact the following powers concerning the care, custody and property of my/our child

________________________________________________________________________(“the child”), born on __________ day of _______________________, 20____.

____ Care-Giving. The attorney in fact shall have temporary care-giving authority for the child, until such time as the child is returned to our/my physical custody, or his/her custody status is altered by a federal, state, or local agency; or changed by a court of law.

____ Well-Being. The attorney in fact shall have the power to provide for the child’s physical and mental well-being, including but not limited to providing food and shelter.

____ Education. The attorney in fact shall have the authority to enroll the child in the appropriate education institutions; obtain access to the child’s academic records; authorize the child’s participation in school activities; and make any and all decisions related to the child’s education, including, but not limited to, those related to special education.

If the first three authorities are checked this shall mean that the child’s parent/guardian is not capable of supporting or providing care for the child due to family or economic hardship.

____ Health Care. The attorney in fact shall have the authority, to the same extent that a parent would have the authority, to make medical, dental, and mental health decisions; to sign documents, waivers and releases required by a hospital or physician; to access medical, dental, or mental health records concerning the child; to authorize the child’s admission to or discharge from any hospital or medical care facility; to consult with any provider of health care; to consent to the provision, withholding, modification or withdrawal of any health care procedure; and to make other decisions related to the child’s health care needs.

_____ Travel. The attorney in fact shall have the authority to make travel arrangements on behalf of the child for destinations both inside and outside of the United States by air and/or ground transportation; to accompany the child on any such trips; and to make any and all related arrangements on behalf of the child, including but not limited to, hotel accommodations.

_____Financial Interests. The attorney in fact may handle any and all financial affairs and any and all personal and legal matters concerning the child.

_____ All Other Powers. The attorney in fact shall have the authority to handle and engage in any and all other matters relating to the care, custody and property of the child which are permitted pursuant to applicable state law.

Either parent/guardian reserves the right to revoke this Power of Attorney at any time.

Signatures of Parent(s)

______________________________________________ Signature of Mother

______________________________________________ Signature of Father

______________________________________________ Signature of Guardian

____________________________________________ Date signed by Mother

_____________________________________________ Date signed by Father

_____________________________________________ Date signed by Guardian

source at http://www.njtesol-njbe.org/advocacy/EmergencyPlanning3-3-17.pdf