NJ Laws Directions to Ken Vercammen and Associates Ken Vercammens Resume Ken Vercammen articles

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


Conditional Veto of NJ DWI bill by Governor Christie

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY BILL NO. 1368

(First Reprint)

To the General Assembly:
Pursuant to Article V, Section I, Paragraph 14 of the New

Jersey Constitution, I am returning Assembly Committee Substitute for Assembly Bill No. 1368 (First Reprint) with my recommendations for reconsideration.

The number of alcohol-related motor vehicle fatalities in New Jersey has steadily decreased for more than two decades, and New Jersey consistently has one of the lowest per capita rates of alcohol-related motor vehicle fatalities in the nation. While these statistics show that New Jersey remains headed in the right direction, even if we suffer just one drunk driving fatality there is room for improvement. The Legislature and I strongly agree that the citizens of this State should be protected from the devastation caused by drunk drivers and I support new approaches that can supplement our efforts. However, given our success preventing drunk driving and deterring repeat offenders, I am skeptical of changes that will potentially soften our strong and proven methods of protecting our residents from the scourge of drunk driving.

This bill would revamp the penalties for first-time and repeat drunk drivers and increase the use of ignition interlock devices for all offenders. The bill would also repeal the significant mandatory license-suspension periods for most first- time offenders. I cannot support the repeal of these existing suspension periods. Ignition interlock devices can play an important role in preventing drunk driving. These devices, however, should not be our only weapon in the fight against drunk driving. The need to punish those who recklessly, and senselessly, abuse their driving privileges demands policies that continue to include a suspension of a drivers license.

While I believe that the reforms in this bill are too sweeping, and too lenient, the technology behind ignition interlocks offers a promising tool that advocates, including Mothers Against Drunk Driving, note may deter drunk driving and rehabilitate the behavior of those struggling with alcohol addiction. Therefore, I recommend strengthening the States Driving While Intoxicated laws by increasing utilization of ignition interlock devices for all offenses, while continuing mandatory license suspensions. By combining our existing, rigorous system of mandatory license suspensions with the active monitoring provided by interlock devices, New Jersey will provide new hope in the fight against drunk driving deaths and injuries.

Under my proposal, New Jersey would boast a comprehensive approach to drunk driving that utilizes both punishment and deterrence, and incorporates both suspension and interlock monitoring for all offenses. Under my recommendations, the penalties for a first offense with a blood alcohol content of .08% to .10% will include existing fines and detention, license suspension of three months, and a new mandatory interlock period of three to six months. A first offender with a higher blood alcohol content between .10% and .15% will be subject to existing fines and detention, license suspension of seven to twelve months, and a new mandatory interlock period of six to twelve months. First offenders with the highest levels of intoxication, a blood alcohol content of .15% and higher, will be subject to existing fines and detention, license suspension of seven months to one year, and a new mandatory interlock period of twelve to eighteen months.

Page 2, Line 6: Insert new section 1:

1. Section 2 of P.L.1999, c.417 (C.39:4-50.17) is amended to read as follows:

2. a. (1) [Except as provided in paragraph (2) of this subsection, in] In sentencing a first offender under R.S.39:4-50, if the persons blood alcohol concentration is 0.08% or higher but less than 0.10% the court [may] shall order, in addition to any other penalty imposed by that section, the

Likewise, I recommend enhanced penalties for subsequent offenders. For a second offense of .08% and higher penalties will include existing fines and imprisonment, license suspension of two years, and a new mandatory interlock period of eighteen months to four years. For a third and subsequent offense of .08% and higher the penalties will include fines, imprisonment, license suspension of ten years, and a new mandatory interlock period of eighteen months to four years. To make our laws consistent, my recommendations also match the new interlock installation requirements in instances of refusing to submit to a breath analysis.

Finally, under my suggested changes, ignition interlock devices would be required in all vehicles registered to chronic repeat offenders, not just the vehicle chosen by the offender. This will helpfully increase the utilization of interlocks to better ensure that frequent offenders intent on operating a vehicle do not have an easy opportunity to skirt the law.

Expanding the use of interlock devices to all drunk driving offenses, while preserving our policy of license suspension, is a sound and sensible way to strengthen our commitment to protect all New Jerseyans from drunk driving.

Accordingly, I herewith return Assembly Committee Substitute for Assembly Bill No. 1368 (First Reprint) and recommend that it be amended as follows:

installation of an ignition interlock device in the motor vehicle principally operated by the offender following the expiration of the period of license suspension imposed under that section. The device shall remain installed for not less than three months or more than six months, commencing immediately upon the return of the offenders drivers license after the required period of suspension has been served. In sentencing a first offender under section 2 of P.L.1981, c.512 (C.39:4- 50.4a), the court shall order, in addition to any other penalty imposed by that section, the installation of an ignition interlock device in the motor vehicle principally operated by the offender during and following the expiration of the period of license suspension imposed under that section. The device shall remain installed for not less than [six months] one year or more than [one year] eighteen months, commencing immediately upon the return of the offenders drivers license after the required period of suspension has been served.

(2) In sentencing a first offender under R.S.39:4-50, if the persons blood alcohol concentration is 0.10% or higher but less than 0.15% the court shall order, in addition to any other penalty imposed by that section, the installation of an ignition interlock device in the motor vehicle principally operated by the offender following the expiration of the period of license suspension imposed under that section. The device shall remain installed for not less than six months or more than one year, commencing immediately upon the return of the offenders drivers license after the required period of suspension has been served.

[(2) In the first offenders] (3) In sentencing a first offender under R.S.39:4-50, if the persons blood alcohol concentration is 0.15% or higher, the court shall order, in addition to any other penalty imposed under R.S.39:4-50, the installation of an ignition interlock device in the motor vehicle principally operated by the offender during and following the expiration of the period of license suspension imposed under that section. In addition to installation during the period of license suspension, the device shall remain installed for not less than [six months] one year or more than [one year] eighteen months, commencing immediately upon the return of the offenders drivers license after the required period of suspension has been served.

b. In sentencing a second or subsequent offender under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4- 50.4a), the court shall order, in addition to any other penalty imposed by that section, the installation of an ignition interlock device in [the] each motor vehicle [principally] owned or operated, or both, by the offender during and following the expiration of the period of license suspension imposed under R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4- 50.4a). In addition to installation during the period of license suspension, the device shall remain installed for not less than [one year] eighteen months or more than [three] four years, commencing immediately upon the return of the offenders drivers license after the required period of suspension has been served.

c. The court shall require that, for the duration of its order, an offender shall drive no vehicle other than one in which an interlock device has been installed pursuant to the order.

d. As used in this act, ignition interlock device or device means a blood alcohol equivalence measuring device which will prevent a motor vehicle from starting if the operators blood.

Page 2, Section 1, Lines 7-43:

Page 3, Section 1, Lines 1-47:

Page 4, Section 1, Lines 1-47:

Page 5, Section 1, Lines 1-47:

Page 6, Section 1, Lines 1-47:

Page 7, Section 1, Lines 1-47:

Page 8, Section 1, Lines 1-47:

Page 9, Section 1, Lines 1-47:

Page 10, Section 1, Lines 1-47:

Page 11, Section 1, Lines 1-46:

Page 12, Section 1, Lines 1-46:

Page 13, Section 1, Lines 1-3:

Page 13, Section 2, Lines 5-46:

Page 14, Section 2, Lines 1-47:

Page 15, Section 2, Lines 1-45:

Page 16, Section 2, Lines 1-25:

Page 16, Section 3, Lines 27-47:

Page 17, Section 3, Lines 1-47:

Page 18, Section 3, Lines 1-46:

Page 19, Section 3, Lines 1-14:

Page 19, Section 4, Lines 16-33:

Page 19, Section 5, Lines 35-46:

Page 20, Section 5, Lines 1-30:

Page 20, Section 6, Line 32:

alcohol content exceeds a predetermined level when the operator blows into the device.

e. The provisions of P.L.1999, c.417 (C.39:4-50.16 et al.) and any amendments and supplements thereto shall be applicable only to violations of R.S.39:4-50 and section 2 of P.L.1981, c.512 (C.39:4-50.4a).

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete in their entirety

Delete 6. and insert 2.

6

Page20,Section6,Line32:

Attest:

/s/ Christopher S. Porrino

Chief Counsel to the Governor

Delete fourth and insert sixth

Respectfully,
/s/ Chris Christie Governor

7


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, Network will not Forward Your Contact Form to the Law Office.

Details of the Case
Agree
By typing " agree" into the box you are confirming that you wish to send your information to the Law Office of Kenneth Vercammen


Kenneth Vercammen was the Middlesex County Bar Municipal Court Attorney of the Year

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 Vercammens Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office helps people with traffic/ municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended.

Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutors Association.

Criminal and Motor vehicle violations can cost you. You will have to pay fines in court or receive points on your drivers license. An accumulation of too many points, or certain moving violations may require you to pay expensive surcharges to the N.J. DMV [Division of Motor Vehicles] or have your license suspended. Dont give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal motor vehicle violations.

When your job or drivers 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. Schedule an appointment if you need experienced legal representation in a traffic/municipal court matter.

Our website provides information on traffic offenses we can be retained to represent people. Our website also provides details on jail terms for traffic violations and car insurance eligibility points. Car insurance companies increase 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.

Ken Vercammen articles.

Ken Vercammens Resume
Directions to Ken Vercammen and Associates




Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless 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.

Copyright 2018. Kenneth Vercammen & Associates, P.C.