Thursday, January 27, 2011

Idling while drunk is not DWI State v Putz

Idling while drunk is not DWI. State v. Putz (App. Div.) decided 5/26/09 Docket 05-2-3929 Unpublished Defendant appeals his conviction of driving under the influence of alcohol. The arresting officer observed and approached defendant's truck, in which he was sleeping, that was parked with the engine running in a turnaround on private property. Because the record does not support a finding beyond a reasonable doubt that defendant intended to operate his vehicle at the time of his arrest, the appellate panel reversed. Source: NJLJ Daily Briefing - 05/27/2009Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney who has published 125 articles in national and New Jersey publications on probate, estate planning, criminal and litigation topics. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association. Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association. He is the past chair of the NJ State Bar Association Municipal Court Section. He is the Deputy chair of the ABA Criminal Law committee, GP Division. Kenneth Vercammen was selected one of only three attorneys as a Super Lawyer 2007-2008 in NJ Monthly in the Criminal - DWI. He is a highly regarded lecturer on litigation issues for the American Bar Association, ICLE, New Jersey State Bar Association and Middlesex County Bar Association ...



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