NJ Laws Newsletter E468

NJ LAWS EMAIL NEWSLETTER E468

1. N.J. Gov. Signs Electronic Insurance Card- Proof of Auto Insurance, Reverse Rate Evasion Bills.

2. Recent Cases:

Private Prosecutor Not Permitted Unless Municipal Prosecutor Unable to Prosecute. State v Myerowitz 439 NJ Super. 341 (App. Div. 2015)

3. Court Says Pot Odor, Gun Reports Did Not Justify Search. State v. Samuell App. Div. unreported 11-07-0710 decided February 25, 2015

4. Next Community Events

5. For Rent Coffee Shop/Deli

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Greetings!In this Issue:

In this Issue:
1. N.J. Gov. Signs Electronic Insurance Card- Proof of
Auto Insurance, Reverse Rate Evasion Bills.
2. Recent Cases:
Private Prosecutor Not Permitted Unless Municipal
Prosecutor Unable to Prosecute. State v Myerowitz 439
NJ Super. 341 (App. Div. 2015)
3. Court Says Pot Odor, Gun Reports Did Not Justify
Search. State v. Samuell App. Div. unreported 11-07-
0710 decided February 25, 2015
4. Next Community Events
5. For Rent Coffee Shop/Deli

1. N.J. Gov. Signs Electronic Insurance Card- Proof
of Auto Insurance, Reverse Rate Evasion Bills
New Jersey Gov. Chris Christie signed into law on
A-3905/S-2680, which authorizes motor vehicle
operators to display proof of auto insurance in either
physical format (a paper insurance card provided by
their insurance carrier) or electronic format (evidence of
insurance provided by the carrier and displayed in an
electronic form, via smartphones, tablets or other mobile
devices).
I still recommend keeping the paper insurance card
in the car since other persons will drive your car. Also
the police will not wait for you to find the insurance
information on your IPhone.
The legislation (An Act concerning motor vehicle
insurance identification cards and amending R.S.39:3-
29) also specifies that when evidence of insurance is
displayed in the electronic form using mobile devices, it
does not constitute consent for a police officer or judge
to access any other contents on the device.

New Law Targets Reverse Rate Evasion
Christie also signed into law on Thursday A-2281/S-
1727 (An Act concerning insurance fraud and amending
P.L.2003, c.89 and P.L.1983, c.320.), which includes
so-called reverse rate evasion as a form of insurance
fraud and provides for civil and criminal penalties.
The measure targets residents who fraudulently
obtain auto insurance in another state with lower rates,
even though New Jersey is their principal residence or
they principally keep the insured vehicle in New Jersey.
The new law would consider the reverse rate evasion a
form of insurance fraud that violates the New Jersey
Insurance Fraud Prevention Act, making it a crime of
the fourth degree. The bill also specifies that reverse rate
evasion constitutes a violation of the New Jersey
Insurance Fraud Prevention Act, with various civil
penalties and remedies provided for in that act applying
to violations.
The New Jersey Office of the Insurance Fraud
Prosecutor has previously documented a growing trend
of New Jersey residents insuring in North Carolina and
Pennsylvania to avoid higher insurance rates.
Source:http://www.insurancejournal.com/news/east/201
5/05/07/367285.htm

2. Recent Cases
Private prosecutor not permitted unless municipal
prosecutor unable to prosecute State v
Myerowitz 439 NJ Super. 341 (App. Div. 2015)
Defendant appealed from the judgment of the Law
Division finding him guilty of harassment after
conducting a de novo review of the trial record
developed in the municipal court. The Court reversed
and held defendant’s conviction in the municipal court
was void ab initio because he was prosecuted by a
private attorney who did not comply with the
requirements in State v. Storm, 141 N.J. 245 (1995) and
codified in Rule 7:8-7(b). Without cross-complaints
from complaining witnesses there are no legal grounds
to permit a private attorney to represent the State. Public
policy favors prosecutions conducted by independent
prosecutors. A municipal court judge should obtain an
on-the-record statement confirming the prosecutor’s
recusal in the case. However, if the municipal
prosecutor insists on proceeding with the prosecution,
the prosecutor’s decision should be final. Use of the
form approved by the Administrative Director of the
Courts is not discretionary. The questions contained
therein, including the precise phraseology used,
constitutes the expressed method adopted by the
Supreme Court to accommodate the public policy
concerns expressed in Storm.

3. Court Says Pot Odor, Gun Reports Did Not
Justify Search State v. Samuell App. Div. unreported
11-07-0710 decided February 25, 2015
Defendant, indicted on multiple counts charging the
possession of marijuana with intent to distribute and
firearms offenses, appealed his conviction by guilty plea
to fourth degree possession of more than 50 grams of
marijuana entered after the trial court denied his motion
to suppress. The panel reversed, finding that under the
circumstances, the police officer contravened
constitutional prohibitions when he jumped over the
fence surrounding the backyard of a private residence
and came up on the back porch to detain an occupant of
the house who had come out on the back porch because
the officer did not have probable cause to believe that
that person was committing a firearms offense or an
indictable marijuana offense and the officer’s reasonable
and articulable suspicion of criminal activity did not
authorize the police to enter private property to further
their investigation and the state made no showing of an
exception to the warrant requirement when the officer
jumped the fence. The panel concluded that because the
police observation of additional evidence in plain view
and the evidence seized pursuant to the search warrant
were the fruits of the initial unlawful entry, the evidence
should have been suppressed. Source
DailyBriefing New Jersey Law Journal February 26,
2015

4. Next community events:

May 22, 2015 Friday – “Start of Summer Happy Hour
with the Legends of Belmar” Join Ken V and friends
the Friday night before Spring Lake 5 race for “Legends
Night” in Belmar at D’Jais 5:30 free food 1803 Ocean
Ave, Belmar, NJ 07719 , then 7:30 Bar Anticipation
16th Ave Not a race, just social event

May 23, 2015 Spring Lake 5 mile 8:30 free food and
reduced price drinks Bar A after race benefiting Spring
Lake Recreation

May 30, 2015 Avon 5k, 8:30 Avon, N.J. Sponsor
Wakefern/ Shoprite
North Plainfield Senior Citizens Center
J
une 2, 2015 at 11am Wills, Estate Planning & Probate
Seminar
614 Greenbrook Road North Plainfield NJ 07060

Free Cedar backyard swing set w slide, tire swing and
little clubhouse. We purchased the best swing set around
when my kids were young. My children are in college
now. The swing set has some years and needs some
repairs, but still works. Email us if interested. Pick up in
North Brunswick.

5. For Rent Coffee Shop/Deli
2045 Woodbridge Avenue, Edison, NJ 08817 Available
Immediately

Great Store Front On Corner Lot. Great Location For A
New Deli, Coffee Shop Or other Personal Service
Business. New tile floor, freshly painted, and other
recent remodeling. Approximately 600 Sq. Ft. $1575
per month. For more information or to schedule a time
to see space please contact:

Michael McDonald, Realtor
Keller Williams Elite
481 Memorial Parkway
Metuchen, NJ 08840
732-429-8707
Editor’s Note and Disclaimer:

Editor’s Note and Disclaimer:
All materials Copyright 2015. You may pass along the information
on the NJ Laws Newsletter and website, provided the name and
address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

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