The Supreme Court on November 18 remanded State v Olenowskito a Special Master (Judge Lisa who did Cassidy remand) for a Frye Hearing on the reliability and admissibility of Drug Recognition Evaluation evidence.

The Supreme Court on November 18 remanded State v Olenowskito a Special Master (Judge Lisa who did Cassidy remand) for a Frye Hearing on the reliability and admissibility of Drug Recognition Evaluation evidence. 

Drug recognition expert (DRE) opinions based on drug influence evaluations (DIEs) are not generally accepted within the scientific community under Frye v. U.S., 293 F. 1013 (D.C. Cir. 1923), the New Jersey State Bar Association (NJSBA) said in its amicus curiae argument to the state Supreme Court on October. NJSBA member John Menzel argued the matter before the court, urging the court to exclude the DIE evidence in the case and remand the matter for the development of an appropriate foundation before the evidence can be admitted. The brief was written by Menzel, Joshua H. Reinitz, and NJSBA past president Miles S. Winder III.

The court focused on the question of why a special master should not be appointed to review whether DIEs meet the standards for admissibility, noting competing studies and scholarly writings on the issue, the credibility of which the court cannot evaluate without further hearings. 

The case arises from Olenowski’s convictions for driving while intoxicated, which occurred on two separate occasions in the same year. He drew a reading of .04 percent blood alcohol content the first time and a zero percent reading the second, but was visibly impaired, according to the officers who arrested him and the DREs who evaluated him. The trial court upheld the convictions, holding that DRE evidence was “generally acceptable and reliable in the scientific community.” The decision was upheld by the Appellate Division.

In its brief, the NJSBA argued that neither the DIE technique nor the DRE opinion are generally accepted in the scientific community or sufficiently reliable to indicate that Olenowski was driving under the influence. “The NJSBA asks this court to declare the DIE technique and DRE opinion derived therefrom inadmissible for any purpose unless its proponent, the state, lays appropriate foundation,” the NJSBA wrote. “Such a ruling would provide guidance to trial courts and avoid the errors committed in the present case.”

  Source: https://tcms.njsba.com/PersonifyEbusiness/Default.aspx?TabID=1820&utm_source=direct&utm_medium=email&utm_campaign=NJSBA

NJ List of ignition interlock manufacturers 2019

Ignition interlock manufacturers have installation locations throughout New Jersey. When selecting an ignition interlock provider, consider the installation and monitoring fees and installation center site convenience. View the list of licensed installers.  (Only an installer licensed by the New Jersey Motor Vehicle Commission may be used.  Before scheduling your installation, confirm that the installer you select from the manufacturer’s list is properly licensed.)

LifeSafer 4290 Glendale Milford Road Cincinnati, OH 45242-3704	(800) 475-7151 www.LifeSafer.com
Alcohol Detection Systems 1718 Belmont Avenue Suite E Baltimore, MD 21244	1-888-STOP-DUI (888-786-7384) www.adsinterlock.com
Guardian Interlock Systems 4290 Glendale Milford Road Cincinnati OH 45242-3704	(800) 499-0994 www.guardianinterlock.com
Draeger, Inc. 4040 W Royal Lane Suite 136 Irving, TX 75063	(856) 753- 9700 (800) 970-1002 www.interlockdevice.com
Low Cost Interlock,Inc. 2038 W. Park Ave. Redlands, CA 92373	(844) 316-7988 www.lowcostinterlock.com
Simple Interlock 7100 Boulevard 26 Suite 301A Richland Hills, TX. 76118	(844) 432-4775 www.simpleiid.com
1A Smart Start, Inc. 4950 Plaza Drive Irving,TX 75063	(866) 387-8366 www.smartstartinc.com
Best Labs 590 East Western Reserve Rd. Building 10-J Poland, OH 44514	(800) 219-9936 www.sensolockamerica.com
Intoxalock 11035 Aurora Ave. Bldg. 1 Des Moines ,IA 50322 source https://www.state.nj.us/mvc/license/interlock-manufacturers.htm	(833) 210-8424 www.intoxalock.com/newjersey

The Latest Municipal Court Updates on Driving under the Influence of Alcohol and Drugs NJ State Bar Association San Juan

Kenneth Vercammen, Esq., , Lisa Spiegel, Esq., Associate Executive Director New Jersey State Bar Association Miles Winder, III, Esq., Past NJSBA President Manuel R. Grova, Jr., Esq., Also speaking was Hon. James M. Newman, P.J.M.C., Freehold and Chair of Supreme Court Committee on Municipal Court

Recent NJ Municipal Court Cases- the Foundation of the Municipal Court Attorney’s Arsenalplus four prosecutors and the Author of the NJSBA’s new book on DWI and Drug Defense discuss the new DWI law effective December 1

Recent NJ Municipal Court Cases- the Foundation of the Municipal Court Attorney’s Arsenalplus four prosecutors and the Author of the NJSBA’s new book on DWI and Drug Defense discuss the new DWI law effective December 1

-an NJICLE webinar-

Wednesday, December 11, 2019  Noon-1:40pm

Location: Online or NJ Law Center One Constitution Square

New Brunswick, NJ 08901 [next to Rutgers Cook campus]

Featuring:

Kenneth A. Vercammen, Esq.

Certified by the Supreme Court of New Jersey as a Municipal Court Law Attorney

Past Chair, NJSBA Municipal Court Practice Section

Past NJSBA Municipal Court Practitioner of the Year

John E. Kawczynski, Esq.

Municipal Court Prosecutor Metuchen & Piscataway

Chirag Mehta, Esq.

Prosecutor  Irvington and Morris Plains and Municipal Court Alternate Prosecutor Edison, New Brunswick, Rockaway Township, and Perth Amboy.

David R. Spevack, Esq.

Municipal Court Prosecutor Edison, Woodbridge, Carteret

Francis M. Womack, III, Esq.

Municipal Court Prosecutor Edison, Piscataway, Sayreville, South Amboy Woodbridge

    There were over twentyNew Jersey decisions in 2019 alone that should be at your fingertips when you enter a Municipal Court in New Jersey?

    These cases deal with major issues confronting municipal court law practitioners in this state. Without a complete understanding of what these cases involve, you could be at a serious disadvantage when you bring your next municipal court matter to court. Don’t miss this opportunity to benefit from the expertise and experience of four of the state’s leading municipal court law practitioners as they analyze this year’s leading municipal court law cases.

Seminar WMCP064819

One Constitution Square, New Brunswick, NJ 08901 Phone: (732) 214-8500 · CustomerService@njsba.com

https://www.facebook.com/events/2422929911358124

Using a Spendthrift Trust for Addicts

November 7, 2019 Fast and Furious – The Latest Municipal Court Updates on Driving Under the Influence of Alcohol and Drugs

 November 7, 2019  Fast and Furious – The Latest Municipal Court Updates on Driving Under the Influence of Alcohol and Drugs   8:30am-9:40 Thursday   NJ State Bar Mid Year meeting Condado Vanderbilt, San Juan Patio Del Fauno West room

   Speakers:Miles S. Winder III, Esq., NJSBA Past President 
Hon. James M. Newman, P.J.M.C., Freehold
Kenneth A. Vercammen, Esq. Past Chair Municipal Court Section

Manuel R. Grova, Jr., Esq.

Lisa W. Spiegel, Esq., Associate Executive Director

New Jersey State Bar Association 

  https://tcms.njsba.com/personifyebusiness/MeetingsEvents/2019Mid-YearMeeting/Education.aspx

https://www.facebook.com/events/381643836051955/

Kenneth Vercammen handled prosecuting of cases in the PA Magisterial District Courts for the Delaware County District Attorney’s Office

Kenneth Vercammen handled prosecuting of cases in the PA Magisterial District Courts for the Delaware County District Attorney’s Office pursuant to PA. B.A.R 321 Pennsylvania Board of Law Examiners and PA. B.A.R 322 Pennsylvania Board of Law Examiners

Rule 321

Requirements for Formal Participation in Legal Matters by Law Students and Law School Graduates

(a) General Rule.The requirements for eligibility for formal participation in legal matters by a law student or law school graduate pursuant to Rule 322(relating to authorized activities of certified legal interns) are:

(1) Enrollment in or graduation from an accredited law school or a law school that has been approved by the Board which has filed and is actively pursuing an application for accreditation with the American Bar Association; provided that students who attend or graduated from a law school that is located in a jurisdiction that has a program permitting law students to participate in legal matters, which does not afford students attending law school in Pennsylvania the same privilege or opportunity to formally participate in legal matters as a law student in the jurisdiction as is granted to students attending law school in the jurisdiction, shall not be eligible to participate in legal matters pursuant to Rule 322. 

(2) Completion of legal studies amounting to at least three semesters, or the equivalent if the law school is on a basis other than the semester basis. 

(3) Existence and maintenance of certification as prescribed in Subdivision (b)of this rule. 

(4) Introduction to the judge or magisterial district judge before whom the law student or law school graduate is appearing by a member of the bar of this Commonwealth. 

(5) Absence of a request for or receipt by the law student or law school graduate of compensation or remuneration of any kind for his or her services from the person on whose behalf the law student or law school graduate renders services. This paragraph shall not prevent:

(i) An attorney or a law school, legal services program, defender association, or government unit from paying compensation to the law student or law school graduate. 

(ii) Any person other than the law student or law school graduate from making such charges for services as such person may otherwise properly require.

(b) Certification.Only those law students or law school graduates shall be eligible for the benefits of Rule 322who have been certified by the dean of their law school as being of good character and competent legal ability, and as being adequately trained to perform as a legal intern. The certification shall be made by filing one copy thereof with the Prothonotary. The certification:

(1) Shall be in writing on a form prescribed by the Board and shall remain in effect until the expiration of 24 months after it is filed, or until the announcement of the results of the first bar examination following the completion of the study of law by the student or law school graduate, whichever is earlier. In the case of a student or law school graduate who passes that examination, the certification shall continue in effect until the student or law school graduate is admitted to the bar. 

(2) May be withdrawn at any time by the dean by filing a notice to that effect with the Prothonotary. It is not necessary that the notice state the cause for withdrawal. 

(3) May be terminated by the Court at any time without notice or hearing and without any showing of cause.

322 Application for Certification for Formal Participation in Legal Matters by Law Students

Read Pa. B.A.R. 321 and Pa.B.A.R. 322 for information on this application. 

As described in the rules, the Pennsylvania Prothonotary administers all applicants applying for Legal Intern Certification. The Board of Law Examiners provides a "typeable" application form packet as a convenience. The packet contains all forms necessary for the application process, and it must be returned to the Prothonotary when complete for dispensation. 

IMPORTANT: The form sent to the Prothonotary MUST contain ORIGINAL SIGNATURES of both the student and the Dean or Law School official authorized to sign on behalf of the Dean. Forms MAY NOT be signed by the student then faxed, scanned or photocopied for the Dean's signature. Students also may not "sign" the form by using a computer generated "handwriting font."