| Welcome to Kenneth Vercammen & Associates |
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| A Law Office with Experienced Attorneys for Your New Jersey Legal Needs | ||||||||||||||||||
| 2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500 Toll Free 1-877-NJLaws1 |
Princeton Area 68 So. Main St, Cranbury, NJ 08512 By Appointment Only 800-655-2977 |
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| New law permits a court to refrain from imposing driver's license suspension on defendant convicted of drug offense if compelling circumstances exist. | ||||||||||||||||||
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Under New Jersey law, the court must order every person convicted of an offense concerning controlled dangerous substances or drug paraphernalia, as set out in chapters 35 and 36 of the Criminal Code, to forfeit his or her driving privileges for a period of six months to two years. In cases involving juveniles under the age of 17, the period of suspension ordered by the court begins after the day the juvenile reaches age 17. A new law in 2006 S-2517/A-878 allows the court to refrain from imposing the driver's license suspension under certain circumstances. As a condition of receipt of certain federal funds, federal law (set out in 23 U.S.C.A. �159) requires each state to comply with one of the following three options: (1) the state must require driver's license suspension for CDS offenses in all cases (as does current New Jersey law); or (2) the state must require drivers' license suspension for CDS offenses unless there are "compelling circumstances warranting an exception"; or (3) the state's Governor must submit two certifications to the federal Secretary of Transportation: one stating that the Governor is opposed to the enactment or enforcement in the state of a law requiring drivers' license suspensions for convicted drug offenders; and one stating that the legislature (including both Houses where applicable) has adopted a resolution expressing its opposition to such a law. This bill conforms to alternative (2) of the federal statute. Under the bill, the court will not order a driver's license suspension for a person convicted of a drug offense if the court finds "compelling circumstances warranting an exception." For purposes of the bill, compelling circumstances warranting an exception exist if the forfeiture of the person's right to operate a motor vehicle will result in extreme hardship and alternative means of transportation are not available. The committee amendments were proposed by the Commission to Review Criminal Sentencing established by P.L. 2003, c.265. These amendments provide that a person, at any time after sentencing and upon notice to the prosecutor, may make an application to the court to restore his right to operate a motor vehicle if the application is based upon new evidence or new information which demonstrates compelling circumstances warranting an exception. For example, a person may be sentenced to forfeit his driving privileges for two years. After serving one year of that sentence he may relocate and alternative means of transportation may no longer be available near his new residence. Under the amendments that person may apply to the court for reconsideration of his loss of driving privileges given the new information bearing on this matter. Kenneth Vercammen & Associates Law Office represents people injured in accidents or charged with criminal offenses. We provide representation throughout New Jersey. Don't give up! Our Law Office can provide experienced attorney representation for most cases. Our website www.njlaws.com provides information on personal injury and criminal cases. KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 TRIAL AND LITIGATION EXPERIENCE In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He appears in Courts throughout New Jersey several times each week on many personal injury matters, Criminal and Municipal/ traffic Court trials, Probate hearings, and contested administrative law hearings. Mr. Vercammen served as the Prosecutor for the Township of Cranbury, Middlesex County and was involved in trials on a weekly basis. He also argued all pre-trial motions and post-trial applications on behalf of the State of New Jersey. He has also served as a Special Acting Prosecutor in Woodbridge, Perth Amboy, Berkeley Heights, Carteret, East Brunswick, Jamesburg, South Brunswick, South River and South Plainfield for conflict cases. Since 1989, he has personally handled hundreds of criminal and motor vehicle matters as a Prosecutor and now as defense counsel and has had substantial success. Previously, Mr. Vercammen was Public Defender for the Township of Edison and Borough of Metuchen and a Designated Counsel for the Middlesex County Public Defender's Office. He represented indigent individuals facing consequences of magnitude. He was in Court trying cases and making motions in difficult criminal and DWI matters. Every case he personally handled and prepared. His resume sets forth the numerous bar associations and activities which demonstrate his commitment to the legal profession and providing quality representation to clients. Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen
gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of
Maryland (Supreme Court) with the Delaware County, PA District Attorney Office handling
Probable Cause Hearings, Middlesex County Probation Department as a Probation Officer, and
an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.
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| Hire a Trial Attorney To Represent You If Charged With a Criminal Or Serious Motor Vehicle Matter Kenneth Vercammen's Law office represents individuals charged with criminal, drug offenses, and serious traffic violations throughout New Jersey. Our office also helps people with traffic/municipal court tickets including drivers charged with Driving While Intoxicated, Refusal and Driving While Suspended. Criminal and Motor vehicle violations can cost you. You may have to pay high 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/MVC [Motor Vehicle Commission] or have your license suspended. Don't give up! The Law Office of Kenneth Vercammen can provide experienced attorney representation for criminal and motor vehicle violations. When your job or driver's license is in jeopardy or you are facing thousands of dollars in fines, DMV/MVC surcharges and car insurance increases, you need excellent legal representation. The least expensive attorney is not always the answer. Schedule a free in-office consultation if you need experienced legal representation in a traffic/municipal court matter. Our website www.njlaws.com 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. Call the Law Office of Kenneth Vercammen at 732-572-0500 to schedule a free in-office consultation to hire a trial attorney for Criminal/ DWI/ Municipal Court Traffic/ Drug offenses. Celebrating 20+ years of providing excellent service to clients since 1985. We handle trials to win! 2nd degree black belt, trialthlete and member of state champion masters racing team. Always competitive! |
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| Contact the Law Office of Kenneth Vercammen & Associates, P.C. at 732-572-0500 for an appointment |
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| 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 � 2007 Kenneth Vercammen & Associates, P.C. | ||||||||||||||||||