Municipal Court 2021- Timely Tips and Topics
Annual Meeting Program NJ State Bar
Wednesday, May 19
8 – 8:55 a.m. via Zoom.
Municipal Court 2021- Timely Tips and Topics
MODERATOR/SPEAKER
John Menzel, JD
John Menzel, JD, Asbury Park
SPEAKERS
Hon. Demetrica Todd-Ruiz
Vineland Judge of the Municipal Court
Susan Girardo Roy, Esq.
Law Office of Susan G. Roy, LLC, Princeton Junction
Kenneth A. Vercammen, Esq.
Kenneth Vercammen & Associates, PC, Edison
Past Municipal Court Attorney of the Year
Registration
More details
https://tcms.njsba.com/PersonifyEbusiness/Default.aspx?TabID=12228
NJ CLE: This program has been approved for 1.1 credits (50 minute hour)
NY CLE (Transitional & Non-transitional): 1.0 professional practice credit
Ten minutes on new pot law, new expungement procedures and maybe a new case,
Susan speaks on immigration update
John on what’s new in DWI
Topics:
Top Municipal Court Cases and Laws 2020-2021
- Marijuana Decriminalization What is legal
- Distribution one ounce or less or possession of larger amounts
3 The odor of marijuana or hashish, either burnt or raw, by itself no longer establishes “reasonable articulable suspicion
- Special Rules on pot for persons Under the Age of 21
- AG Directive 2021-1 Pending Cases are to be dismissed.
- AG Directive: Pot Cases already resolved: Vacate plea or Conditional Discharge
- What can an officer do if they smell marijuana coming from a vehicle during a motor vehicle stop?
8 May an officer initiate or continue a pedestrian stop of an individual based on the officer detecting the odor of marijuana?
9 What police can’t do if smell pot or alcohol with person under 21
- The failure of police to advise the defendant of the charges against him will result in a suppression of his statement despite Miranda State v Sims
- Mere report of black males robbing 7-11 not sufficient to stop car with black males in it State v Nyema
12 Court here rejects protective sweep where defendant handcuffed State v Radel
13 PTI can’t be conditioned on jail time State v Chen
14 No more license suspensions for Failure to Appear FTA
15 NJSA 39:6B-2 No Insurance Penalties. No more mandatory suspension
- Misrepresenting age to induce sale or delivery of beer to minor 33:1-81 –No more mandatory DL suspension The Belmar- Seaside offense
17 Repealed 39:4-203.2. Suspension for Failure to comply with installment order – Court can’t do much
- NJ Judiciary’s Online Dispute Resolution (ODR) to let pro se handle online without hiring an attorney
19 New Expungement Laws makes expungement more available.
20 Lewd gestures to home camera could be violation of TRO State v EJH
21 In new science such as DNA, defendant can have scientific evidence such as machine software source code. State v Pickett
22 Court claims parked car with engine running is operation and can be DWI. Attorney seeks Supreme court reversal
State v. Thompson
23 No more phony stop for license plate holder partially obstructing Garden State words State v Roman- Rosado
- The Supreme Court remanded State v Olenowski to a Special Master for a Frye Hearing on the reliability and admissibility of Drug Recognition Evaluation DRE evidence in a DWI under influence of a drug.
25 Supreme Court ruled Breath test results produced by Alcotest machines are inadmissible tested by Tpr Dennis [if not calibrated using a NIST-traceable thermometer ]
State v. Cassidy
26 New DWI Statute Revises certain drunk driving penalties; expands use of ignition interlock devices. Starting December 1, 2019
27 US Supreme Court ruled that it was reasonable under the Fourth Amendment for a police officer to make a traffic stop after running the license plate of a vehicle and learning that the owner’s driver’s license has been revoked
Kansas v Glover
28 Can court sentence as a first offender of DWI with offense prior to Dec 1, 2019 to new sentencing provisions concerning driving privilege forfeiture [“DPF”] and alcohol ignition interlock device [“AIID”] installation in effect as of December 1, 2019?
Unreported said no
New expungement law , admissibility of Drug Recognition Evaluation DRE evidence in a DWI under influence of a drug.
New book
Drug and DWI Defense – Forms and Pleadings (2021)
New Jersey Specific Bound book and CD with Forms, helpful links and searchable PDF
List Price: $59.00 USD
NJ State Bar’s new book
Written by: Kenneth A. Vercammen
This informative handbook will provide you with guidance on how to handle everything pertaining to the drug and DWI defense – from the initial contact with the client, to walking into the courthouse, and managing the steps that follow. It is a “how to” manual that you and your staff can follow with checklists and forms.
This book is intended to help solo/small-firm attorneys and newly admitted attorneys prepare to handle these cases and to better represent their clients. This handbook will help attorneys represent persons charged with DWI, drug, and other criminal and traffic offenses.
Special Feature: Over 50 modifiable forms and motions
Over 50 forms and motions are included to help make you (and your staff) more efficient and productive, while also reducing the chance for mistakes.
Bonus!
Also includes a section on marketing the DWI and drug defense practice.
Table of Contents:
1 Pre-Interview
2 Office Interview and Preparing Notices to the Court and Prosecutor
3 Pretrial Motions
4 Trial Preparation
5 Trial
6 Sentencing and Post Trial
7 Supreme Court Caselaw and Federal Statutes
8 Marketing the DWI and Drug Defense Practice
Book # 1177719 New Jersey Institute for Continuing Legal Education A Division of the NJSBA One Constitution Square, New Brunswick, NJ 08901 (732) 214-8500 · CustomerService@njsba.com
Link to purchase the book on website: https://tcms.njsba.com/personifyebusiness/njicle/Store/ProductDetails.aspx?productid=46708744
