In this live Norwegian radio broadcast from 1949, thirty-seven year old Kathleen Ferrier (1912-1953) performs as an encore the song "Altar," by the Norwegian composer Paul Ludvig Irgens-Jensen (1894-1969). Ms. Ferrier's performance is preceded by a brief introductory speech -- the only record of her speaking voice, according to the notes penned by her sister, Winifred Ferrier, on the reverse side of the LP jacket.
I created this music video from the extremely rare LP shown above, "Kathleen Ferrier - Broadcast Recital From Norway," issued in 1957 on the London label, serial number LL 1670. Ferrier is accompanied by pianist Phyllis Spurr.
The first minute of this video features Winifred Ferrier's introductory text from the reverse side of the LP jacket, in which she explains the genesis of this recording.
Située dans la vallée du soulor dans les pyrenees (65), cette maison à vendre est composée de 5 pièces et bénéficie d'une surface totale de 130m², d'une grange et d'une bergerie sur 3 ha. de terrain. prix : 215 000€ frais d'agence inclus (1 654€/m²).
beautiful Sienna Miller with no makeup presto chango a little photoshop dib-dabs and poooof she has makeup
Sienna Miller sexy blond photoshop tutorial makeup makeover layer cake
Sienna Miller from 'Friday Night with Jonathan Ross
Scenes from Layer Cake
just a few moveis she has been in 1. Nottingham (2009) (pre-production) .... Maid Marion
2. A Woman of No Importance (2009) (pre-production) .... Hester Worsley
3. G.I. Joe: Rise of Cobra (2009) (post-production) .... The Baroness
4. Hippie Hippie Shake (2008) (post-production) .... Louise Ferrier 5. The Edge of Love (2008) .... Caitlin MacNamara
6. The Mysteries of Pittsburgh (2008) .... Jane Bellwether
7. Stardust (2007) .... Victoria
8. Camille (2007) .... Camille Foster
"Les Nocturnes de Ferrières" 2008
Au camp de soldats:
"La malédiction du Sorcier de Larchant"
_ Spectacle fantastique alliant
escrime médiévale, combats, cascades
Conception: ARAMIS -Créations de spectacles-
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2008新唐人电视台全球系列大赛(小提琴,声乐,舞蹈,武术,钢琴,汉服设计,油画,厨技,摄影) NTDTV GLOBAL COMPETITION SERIES
Paris movie trailer 2008
Juliette Binoche ... Élise
Romain Duris ... Pierre
Fabrice Luchini ... Roland Verneuil
Albert Dupontel ... Jean
François Cluzet ... Philippe Verneuil
Karin Viard ... La boulangère
Gilles Lellouche ... Franky
Mélanie Laurent ... Laetitia
Zinedine Soualem ... Mourad
Julie Ferrier ... Caroline
Olivia Bonamy ... Diane
Maurice Bénichou ... Le psy
Annelise Hesme ... Victoire
Audrey Marnay ... Marjolaine
Why is it that highly trained horses in all aspects of equine activity injure themselves or their riders? Why is it that you hear so many stories that begin with the horse spooked at, "fill in the blank here", and ends with the injuries to horse and/or rider.
The OPM Horse, or "Other Peoples Mistake" video series is dedicated to helping you round out your horse, to prevent that injuries that can put you or your horse in the hospital, or kill one or both of you. Want your horse to handle things that few other horses do, regardless of your horses age, sex, breeding, or specialty. Want to build a relationship where your horse will not only trust you implicitly, but actually look to you for leadership.
Natural Horsemanship Gentling Indian Pony Cowboy Cowgirl Brand Foxtrotter Fox Trotter Mare Arabian Ranch Hand Gelding Tennessee Walker Welsh flag Shetland Miniature Ball Registered Bow Archery Soccer American Fire Beach dirt Spur water wind wash bath sand stud fee hat sole horse horseshoe bathe ireland hammer
Brazil argentine canada australia new zealand england germany france rope roping color ride mount boot how do I how should I foot shoe ferrier land landing slide slip fall bulldog how do you how would you.
Australian dressage dance western saddle paddle gallop galloping bit bridle latigo trot trotted trotting canter cantering pretty breed baby bay foal fly gnat run corral fence fit teeth eye eyeing eyes blaze sock rock rocking walk walking flank fetlock hooves hoove hoof stirrup stallion stud philly colt rein reins reining cinch crupper girth kick stomp buck bucked bucking pain pained grace graceful
American Shetland, see Shetland pony
American Walking Pony
Anadolu pony also called Anadolu Ati
Ariegeois pony also called Merens Pony
Assateague Pony, see Chincoteague Pony
Asturian pony, see Asturcon in horse section
Australian Riding Pony
Basuto pony, also spelled Basotho pony
Bhutia Pony, also Bhotia, Bhote ghoda, Bhutan,
Bhutani, Bhutua see Indian Country Bred
British Riding Pony, see Riding Pony in "types
of horses" section
Carpathian Pony, see Hucul Pony
Canadian rustic pony
Coffin Bay Pony
Czechoslovakian Small Riding Pony
Deutsches Reitpony see German Riding Pony
Falabella, see Falabella (horse) in horse section
Flores pony, see Timor Pony
French Saddle Pony
German Riding Pony, also called Deutsche Reitpony
or Weser-Ems Pony
Gǔo-xìa pony, see Chinese Guoxia
Highland Pony, see also Garron
Hunter Pony, see "types of horses" section
Icelandic pony, see Icelandic horse in horse section
Indian Country Bred
Kerry bog pony
Transport et déménagement de piano, Paris, Ile-de-France, Essonne, Yvelines; Transport piano dans toutes les villes suivantes :
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Eines Abends tritt Bazil (Dany Boon) vor die Tür seiner Pariser Videothek – nur um eine verirrte Pistolenkugel in den Kopf zu bekommen. Dumme Sache, aber nicht unbedingt tödlich, entscheiden die Ärzte und entlassen Bazil aus dem Krankenhaus – mit Kugel im Kopf, aber ohne Job und Wohnung steht er auf der Straße. Doch das Glück lässt nicht lange auf sich warten: Bazil trifft auf den kauzigen Canaille (Jean-Pierre Marielle), der mit einer Gruppe wunderlicher Außenseiter zusammenlebt. Bei dieser skurrilen Familie findet Bazil ein neues Zuhause und taucht unter in eine Welt voller magischer Momente mitten in einem unbekannten Paris. Vor allem die biegsame Mademoiselle Kautschuk (Julie Ferrier) weckt Bazils Interesse und erobert schnell sein Herz. Doch es wird noch eine Weile dauern bis beide zusammen kommen. Zunächst muss Bazil noch eine Mission erfüllen...
"Les Nocturnes de Ferrières" 2010.
"L'envoyé des Sables"
_ Spectacle médiéval au camp de soldats.
Site web : *******escrimecascade.centerblog****/
Vidéos : *******www.youtube****/user/TheLexTRM
Photos : *******www.myspace****/escrime.cascade/
escrime medievale artistique theatrale medieval bretteur bretteuse de theatre spectacle comedien comedian les nocturnes de ferrieres en gatinais 2010 centre loiret chevalier chevalerie feodal feodale feodaux bouclier lance hallebarde batarde hast estramaçon plilori magicien feodalite ordalie jugement de dieux lice campement guerrier pietaille banquet pouvoir magique sort tournoi joute cote de maille casque heaume heraldie heraldique blason baniere drapeau rondache templier templiers moudjahidin moudjahidins cimeterre turc invasion paysan gueux gueuse villageois villageoise pouilleux pouilleuse chatelain seigneur seigneurie heretique ensorcellement ensorcelle envoute envoutement divertissement acteur actor europe france senlis cinema theatre,creation artistique escrimeur escrimeuse tireur demonstration, scenique theatre de rue arts du interpretation performing arts entertainment divertissements manifestations culturelles culturelle manifestations festivals prestation presentations representations animations loisirs cultures sports ancienne scène cape et feu fire sword fencing artistic theatrical troupe de theatre femme homme d'arme medievale epoque intemporel fantastique timeless fantastic pectacle historique faires historical reenactment historic assaut parade riposte estoc sabre saber epee sword dague dagger main gauche batarde cimetere hache fleaux bouclier glaive couteau arme blanche canne demonstration scene d'action mouvement d'enssemble mouvement collectif, duel cane cascade cascadeur performeur performers stunt duel combat bagarre bataille battle street fight spectacle,show
Alex (Romain Duris) ist professioneller Auftragslover. Sein Auftrag: Frauen die Augen öffnen. Sein Ziel: Den Mann an ihrer Seite als den größten Fehler ihres Lebens enttarnen. Seine Auftraggeber: Eltern, Geschwister, Freunde. Seine Methode: Pure Verführung, aber beim ersten Kuss ist es auch schon vorbei. Für Charmeur Alex ein Job wie jeder andere – bis Juliette (Vanessa Paradis) auftaucht. Die erfolgreiche junge Frau aus reichem Hause steht kurz davor, an der Côte d’Azur mit ihrem so attraktiven wie vermögenden Verlobten die perfekte Hochzeit zu feiern. Aus reiner Geldnot – und angeheuert von Juliettes Vater – nimmt Alex zusammen mit seinem Team - seiner Schwester Mélanie (Julie Ferrier) und deren Mann Marc (François Damiens) - die größte Herausforderung seiner Karriere an. Verfolgungsjagden, Abhöraktionen, schlagkräftige Auseinandersetzungen, romantische Tanzeinlagen – Alex zieht alle Register!
Paul Pletsers est heureux de mettre à votre service plus de 25 ans d'expérience dans l'armurerie de chasse.
Les armes que nous vous proposons sont des marques suivantes: Sauer, Perazzi, Blaser, Browning, Chapuis, Armes Pierre Artisan, Winchester, Benelli, Mathelon, CZ, Mauser, Steyr, Tikka, Sako, Beretta, etc..., carabines à air Diana, Stoeger, Gamo…
A cela s'ajoute évidemment sa propre fabrication artisanale sous la marque Paul Pletsers - Fabrication d'armes fines, armes élaborées sur mesure avec des bois de luxe et des gravures choisies par le client. Celles-ci sont réalisées dans notre propre atelier par notre équipe de 3 fabricants d'armes diplômés de l'école d'armurerie de Liège, réputée mondialement.
Tom Cruise as Ray Ferrier had worn this trendy jacket in the movie War of the Worlds. The jacket is made with Italian Nappa leather.
It’s glossy golden half-sleeve strips on black shading gives it a modish appearance. The jacket has 3 pockets on front and 1 inside. Therefore, an unforeseen gift for someone special or a best selection for your own.
THIS WEEK: Check out this week's webisode where Planet Forward's host Frank Sesno speaks with Don Ferrier, President of Ferrier Custom Homes. Ferrier discusses the costs and benefits of green roofs -- LITERALLY -- some costing up to $20,000. See why Ferrier himself thinks the benefits of this cooling system outweigh the costs.
FROM NBR: Have you been watching this solar decathlon stuff and thinking: "Yeah, but does this all really WORK?" Tune in for Planet Forward's PBS Nightly Business Report to learn about some of the coolest innovations at the Solar Decathlon and hear some tough questions about how practical they really are. Check your local listings to find out when to tune in!
VOTE: Want to see your favorite Solar Decathlon team featured on PBS' Nightly Business Report? Log on to Planet Forward now and Like your favorite team! The winner gets featured on NBR in Ocotber!
ASK AN EXPERT: Planet Forward expert Bill Worthen is at the Solar Decathlon answering your questions.
TRUE LOVE: Which Solar Decathlon house is your dream home? Take our quiz and find out!
MORE ON ROOFS: Which is better green or white? We addressed that common question in one of our weekly webisodes from our archives.
DRIVING WHILE SUSPENDED DEFENSES Call Kenneth Vercammen for representation 732-572-0500
Thousands of motorists in New Jersey are stopped for routine traffic violations, then are surprised to be informed their license is suspended. Where the minimum costs would be $1,261 in fines, surcharge and costs, motorists need an attorney with knowledge and skill in handling Driving While Suspended (DWS) matters. Over the past decade Municipal Court practice has diversified requiring the need for crafted trial counsel to provide adequate representation for clients concerning both disorderly persons and motor vehicle offenses. Although this may seem like a hopeless situation at first, the reality is that it offers an attorney the opportunity to be creative in finding possible ways to avoid a prolonged license suspension and even the possible incarceration of the client. The violation of DWS is set forth at NJSA 39:3-40. This section states, "no person to whom a drivers license has been refused or whose driver's license or reciprocity privilege has been suspended or revoked or who has been prohibited from obtaining a driver's license, shall personally operate a motor vehicle during the period of refusal suspension, revocation or prohibition." The statute also prohibits the operation of a motor vehicle whose registration has been revoked. PENALTIES Conviction under this statute brings the following penalties: Upon conviction of the first offense of a fine of $500.00, the defendant will also be surcharged a mandatory $250.00 per year for 3 years in every DWS by the MVC (formerly DMV); Upon conviction for the second offense a fine of $750.00 and imprisonment in the county jail for 1 - 5 days; Upon conviction for the third offense, a fine of $1000.00 and imprisonment in the county jail for 10 days. Additionally, the statute states, that upon the conviction the court shall impose or extend a period of suspension not to exceed 6 months. If DWS and involved in an accident resulting in personal injury to another person, the court shall impose a period of imprisonment for not less than 45 days.
If an individual violates this section while under suspension under 39:4-50 (DWI), they shall be fined $500.00 extra and have their license suspended for an additional period not less than one year nor more than two years and mandatory county jail for 10 - 90 days. If suspended for Failure to Pay a Surcharge, there is an extra $3000.00 fine. Although most municipal court matters are considered minor by many citizens it is obvious from the possible penalties involved that this is a serious offense carrying the possibility of both stiff fines and incarceration. As attorneys, it is incumbent upon us to try and provide the most favorable result for the client.
Few courts inform a driver charged with DWS that the penalty is anything more than a $500.00 fine plus up to six months loss of license. Most courts do not warn a defendant if he pleads guilty he will have to pay MVC insurance surcharges and face other new penalties. Few courts and attorneys are aware of the provisions of NJAC 11:3-34, which allows insurance companies to charge additional surcharges to drivers who drive while suspended. These insurance company surcharges are in addition to MVC surcharges and fines. For Driving While Suspended pursuant to 2C N.J.R. 576 a driver is given 9 Automobile Eligibility Points. There are two types of license suspension:
1. Court imposed suspension 2. Administrative / MVC suspension The most common scenario reflects where that the client, through a motor vehicle violation, failure to pay a surcharge or accumulated points have been placed on a suspended list maintained by the New Jersey Division of Motor Vehicles (MVC), thereby making them ineligible to operate a motor vehicle for a prescribed period of time in this state. If the client is aware that they are on the suspended list and acknowledged to the police officer that they were suspended, there is little room for creative legal defenses. The lawyer in this case would most likely discuss how to mitigate penalties or negotiate a plea bargain. However, more often than not the attorney will be confronted by the client who claims that they were unaware of their placement on the suspension list. The scenario that will often be presented by the client is that he/she was stopped by police for an unrelated motor vehicle violation. In the process of the police encounter they were informed by the officer that their license has been suspended and they were issued an additional summons for DWS.
THE STATE MAY BE UNABLE TO SHOW DUE PROCESS AND ADEQUATE NOTICE The Prosecutor should be required to show adequate notice of the suspension. In Parsekian v. Cresse 75 N.J. Super. 405 (App Div. 1962), the court ruled that it was incumbent upon the Director of the State Division of Motor Vehicles (now MVC) to provide fair and adequate notice to the licensed driver of the proposed suspension of their license. The court recognized that the Director could not arbitrarily suspend the license of a driver without providing both notice and enunciating specific reasons as to why the license was being suspended. A later case, State v. Wenof 102 N.J. Super. (Law Div. 1968), both reinforced and advanced the earlier Parsekian decision.
Wenof represents the substantive foundation upon which all subsequent cases involving the notice issue have been based. In Wenof, the court again recognized the importance of adequate notice of suspension. The court related, "There is always a risk that notice may not reach the intended person, but this is not the test for legal sufficiency. The test is rather, whether the notice was reasonably calculated to reach the intended parties." Id at 375. In Wenof, the MVC sent to a written notice of proposed suspension (for failure to satisfy a summons) by regular mail. The MVC thereafter sent an order of suspension by ordinary mail. The notices were mailed to the defendant's last address. By failing to leave a forwarding address informing the MVC where he could be reached by mail, the court stated "he should not be heard to complain of lack of due process, He had it." The court found the defendant guilty. In State v. Ferrier 294 NJ Super. 198 (App. Div. 1996) a defendant attacked the validity of a suspension four months earlier. A two judge panel rejected the challenged to a DWS and held that “An order of suspension by the Director is a decision by a state administrative agency which may only be challenged directly in the Appellate Division after all administrative remedies have been exhausted. R. 2:2-3(a)(2); Pascucci v. Vagott 71 N.J. 40, 53 (1976). Jurisdiction to consider an attack on a final decision of a state administrative agency is vested exclusively in the Appellate Division by way of appeal; the Law Division may not entertain such a challenge. State v. Doe 165 N.J. Super 392, 400 (App. Div. 1979). To the extent that State v. Wenof, 102 N.J. Super 370, 374 (Law Div. 1968) and State v. Kindler 191 N.J. Super. 358 (Law Div. 1983), suggest the contrary, they are overruled.” However the 2 page Ferrier case did not address a ticket where the MVC notice of suspension was not mailed until after the DWS violation.
In State v. Hammond 116 N.J. Super. 244 (Cty. Ct. 1971) a notice of scheduled suspension and order of suspension for failure to appear for motor vehicle violations was mailed to defendant, but was returned undelivered to MVC by postal authorities. The defendant was charged with misstatement of fact in an application for registration of a motor vehicle (39:3-37) and application for a registration certificate during suspension (39:3-34). The defendant thereafter applied for and obtained a New Jersey registration certificate for vehicle. While in State v. Wenof the defendant was found guilty, that case was distinguished in Hammond. In Hammond there was insufficient evidence of any notice to Hammond of a possible revocation of his registration certificate. Therefore, there is no adequate proof to indicate that due process was satisfied in this case. Hammond, 116 N.J. Super. at 248.
NOTICE BY IN-COURT SUSPENSION If your client is on the suspension list because he was suspended in a Courtroom for a prior violation, grounds to defend are very limited. The most common violations which carry mandatory suspensions on first offense by the Municipal Courts are for driving while intoxicated (first offense 7-12 months), driving while suspended (up to 6 months), driving without insurance (1 year), and possession of Marijuana or paraphernalia (6 months-2 years). A Municipal Court also has the power to suspend a driver's license for reckless driving, excessive speeding, or where the judge finds a person guilty of such a willful violation of the subtitle as shall in the court's discretion, justify such revocation (NJSA 39:5-31). If a court suspended the client’s driver’s license, the prosecution in a subsequent DWS needs to introduce into evidence a certified abstract from the MVC. It is not necessary for the state to demonstrate that notice was received by the defendant. The defense may still challenge the suspension by introducing evidence that the prior in-court suspension was improper. For example, if the defendant was not notified to be in court and the court then acted without the defendant being present. Possibly, the prior suspension could be attacked in the original court as being illegal and/or unconstitutional. This may be permitted under State v. Laurick 120 NJ 1 (1990), State v. Hrycak 184 N.J. 35 (2005), State v. Bringhurst 401 NJ Super. 421 (App. Div. 2008). However, State v. Ferrier indicates a defendant should not argue a prior court suspension that was in error. NOTICE OF SUSPENSION BY MVC Where the client was suspended by the MVC, the state should be required to introduce 1. Notice of scheduled suspension. 2. Proof of mailing notice. 3. Order of suspension. 4. Proof of mailing order. 5. Certified motor vehicle abstract. Defense counsel should argue a certified abstract alone is not sufficient to convict if the defendant was suspended only by the MVC. If the order of suspension was mailed on December 1, 2008 and the DWS offense took place December 2, 2008, a good defense argument is that the Order did not reach his house until after the ticket for DWS. Many suspensions today exist because people forgot to pay an insurance surcharge. Every insurance surcharge bill serves as a notice of suspension. Indigency is not a defense for failure to pay a surcharge. DEFENSES A valid suspension of a driver's license cannot be effectuated in the absence of a written notice to the licensee at his last known address, reciting the fact that the suspension will take place and the date of commencement of the suspension. State v. Kindler 191 N.J. Super. 358, 360 (Law Div 1983). Failure to appear for a summons is not a substitute for the written notice required by the statute, Id at 361. The court also noted that it's research does not have statutory revealing authority for the Municipal Judge to suspend driving privileges. Id at 362. Motorists suspended for any reason remain suspended until they pay a $100.00 MVC restoration fee. According to the harsh decision in State v. Zalta 217 N.J. Super. 209 (App. Div 1987) even if a prior court imposed suspension of 6 months is over, the suspension continues until actual restoration of the license. Plea bargaining is permitted in DWS matters. Most Prosecutors agree with State v. Somma 215 N.J. Super. 142 (Law Div 1986) where the court determined that the failure to pay the $100.00 fee for restoration of the suspended driver's license does not extend the period of suspension.
Many times individuals are told by a court their license is suspended for a certain number of months, but they are usually not told they must pay a restoration fee to actually get their license back. Individuals who pay a surcharge late will have their licenses suspended initially for the failure to pay. Even after the surcharge is paid they remain suspended until the $30.00 restoration fee is paid. Often, "plea bargaining" or "alternative dispositions" can be worked out to avoid the harsh consequences of DWS and the equitable rationale of State v. Somma is followed. OUT OF STATE SUSPENSIONS If a person's driver's license has been suspended in another state, they can still be charged with DWS under NJSA 39:3-40. Whether the prosecutor can present sufficient evidence for a court to find the driver guilty beyond a reasonable doubt is a different story. In State v. Profita 183 N. J. Super. 425 (App. Div 1982), defendant was a New York driver suspended in New York for failure to respond to a summons. She drove in New Jersey and was charged with driving while suspended and admitted she knew she was suspended in New York. The Court affirmed the conviction even through the New Jersey MVC took no action to suspend her New Jersey driving privileges. If the defendant in Profita did not admit her license was suspended and was unaware her license was suspended, the prosecutor may have had evidence problems. Certainly the due process-notice requirements of Wenof, Hammond, and Parsekian v. Cresse continue to apply. A little known 1991 Law caused havoc and driver license suspension to thousands of individuals facing charges for violating any ordinance or disorderly person offense in New Jersey by P.L. 1991, Chapter 240, approved August 5, 1991. Pursuant to NJSA 2A:8-27.1:
“If a defendant charged with a disorderly persons offense, a petty disorderly persons offense, a violation of a municipal ordinance, or a violation of any other law of this State for which a penalty may be imposed fails to appear at any scheduled court proceeding after written notice has been given to said defendant pursuant to the Rules Governing the Courts of the State of New Jersey, a municipal court may order the suspension of the persons driving privileges or nonresident reciprocity privilege or prohibit the person from receiving or obtaining driving privileges until the pending matter is adjudicated or otherwise disposed of, except by dismissal for failure of defendant to appear.” NJSA 2A:8-27.1 thus gives a Municipal Court the power to suspend a driver's license for a person charged with violations such as littering or drinking in public if they fail to or forget to appear. Prior to any action being taken this statute requires that the defendant shall be given notice of the proposed action and afforded an opportunity to appear before the court to contest the validity of the proposed action. Sometimes the notice will not comply with due process requirements. NJSA 2A: 8-27.1(2) provides if a defendant sentenced to pay a fine or costs, make restitution, perform community service, serve a term of probation, or do any other act as a condition of that sentence fails to do so a municipal court may order the suspension of the person's driving privileges or nonresident reciprocity privilege or prohibit the person from receiving or obtaining driving privileges until the terms and conditions of the sentence have been performed or modified. PARKING ADJUDICATION ACT OFFENDER "Scofflaws" who took their parking tickets and threw them away or forgot to pay tickets now have their licenses eventually suspended under the Parking Offense Adjudication Act. (NJSA 39:4-139.2). If a person fails to appear or pay for a ticket, the court may give notice to the vehicle owner that the failure to appear or pay will result in suspension of driver's license. Pursuant to NJSA 39:4-139.10(b) the judge or the Division of Motor Vehicles will suspend the driver's license of on owner license or operator who has not answered or appeared in response to a failure to appear notice or has not paid or otherwise satisfied outstanding parking from penalties. If the suspension was ordered by a court, good defense counsel can obtain from the suspending court copies of notices mailed to the defendant. The due process/ notice requirements should apply as a defense. If the originating court failed to give proper notice of the proposed suspension, defense counsel should argue the later court thereafter can not find the defendant guilty of DWS. Many times in DWS the State will only offer into evidence an abstract which contains a small yellow strip of paper. The paper often will indicate the suspension was "in count" and no proof of mailing is needed. However, the MVC does actually mail out a notice and Order of suspension. Courts rarely suspend a car owner's driving privilege if the driver is not present in Court.
CONTESTING PROPOSED ADMINISTRATIVE SUSPENSIONS The MVC, prior to suspending a license, or taking specific action against a driver must mail a notice to the driver informing them of the proposed suspension or other action. The proposed action to be taken against any licensee by the MVC becomes effective on the date set forth on the notice except when otherwise specified, unless the licensee or his/ her attorney shall make a request, in writing, for a hearing within 25 days from the date of notice. New Jersey Administrative Code (NJAC) 13:19-1.2. NJAC 13:19-1.2 requires the request for a hearing to set forth all disputed facts, legal issues and arguments. Under NJAC 13:19-1.2, the MVC may either deny the request for a hearing, require a prehearing conference with a MVC employee, or transmit of the matter to the Office of Administrative Law for a hearing pursuant to NJAC 1:1.
The MVC employee who conducts the prehearing is referred to as a driver improvement specialist. Often a resolution of the proposed administrative action is reached between the MVC and the licensee (ie- reduce suspension period -ex 180 days to 100 days). If the licensee accepts the resolution of the proposed administrative action, the license is to have abandoned any further opportunity to be heard NJAC 13:19-1.8(c).
If the parties cannot reach a resolution, the matter should be submitted to the office of Administrative Law for a hearing NJAC 13:19-1.8(d) ENHANCED PENALTIES As set forth previously, the DWS law calls for mandatory enhanced penalties on conviction second and third offense. What counts as an offense? Both the MVC and a court can suspend a driver for driving while suspended.
In State v. Conte 245 NJ Super. 629 (Law Div. 1990) the court examined a case where a defendant driver had two prior administrative suspensions by the MVC pursuant to NJSA 39:5-30 and NJAC 13:19-10.8. The driver had no prior court imposed convictions. NJSA 39:3-40 provides for penalties upon conviction. In a well reasoned opinion by Judge Robert Longhi, on trial de novo, the court stated: The word conviction is not defined in the statute. Black's Law Dictionary defines conviction as "the final judgment in a verdict or finding of guilty..." Black's Law Dictionary (6 ed. 1990) at 333. NJSA 2C:44-4(a) defines "prior conviction of an offense" as "an adjudication by a court of competent jurisdiction that the defendant committed an offense constitutes a prior conviction," Emphasis supplied. Conviction has also been defined as " the confession of the accused in open court or the verdict returned by the jury which ascertains and publishes the fact of guilt." Tucker v. Tucker 101 NJ Eq. 72, 73, 137 A. 40 (Ch. 1927). The motor vehicle statute, NJSA 39:3-40, is quasi-criminal and penal in nature and must be strictly construed against the State. State v. Churchdale-Leasing Inc 115 N.J. 83, 102, 557 A. 2d 277 (1989). The word conviction, as it is used in NJSA 39:3-40, refers only to a plea or a finding of guilty in a court of competent jurisdiction and not an order of suspension entered by the MVC as the result of an administrative proceeding. The two prior suspensions are not convictions and defendant must be viewed as a first offender under the statute. State v. Conte 245 N.J. Super. at 631 The sentence imposed was reversed and the matter remanded for sentencing as a first offender.
CONCLUSION The defense of a person charged with driving while suspended is not impossible. There are a number of viable defense and arguments which can be pursued to achieve a successful result. Advocacy, commitment and persistence are essential to defending a client in any municipal court matter.
About the Author:
Kenneth Vercammen is a Litigation Attorney in Edison, NJ, approximately 17 miles north of Princeton. He often lectures for the New Jersey State Bar Association on personal injury, criminal / municipal court law and drunk driving. He has published 125 articles in national and New Jersey publications on municipal court and litigation topics. He has served as a Special Acting Prosecutor in seven different cities and towns in New Jersey and also successfully defended hundreds of individuals facing Municipal Court and Criminal Court charges.
In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, criminal hearings and contested administrative law hearings.
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 Dept as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.
Juliette Ferrier en confrontation avec sa "conseillère de l'éducation", Evelyn Picard!