Kenneth Vercammen was included in the “Super Lawyers” list published by Thomson Reuters
Wednesday, June 27, 2012
STATE VS. DIANA M. PALMA A-3473-10T3
STATE VS. DIANA M. PALMAA-3473-10T3
On appeal from a trial de novo in the Law Division, we reverse and
remand for resentencing consistent with the principles established in State v.
Moran, 202 N.J. 311 (2010).We
hold that the imposition of a custodial sentence for careless driving, N.J.S.A.
39:4-97, requires a finding of aggravating circumstances evincing as "a matter
of degree" more than mere carelessness, and that the tragic death of the
victim, resulting from a motor vehicle violation, is not dispositive of whether
a custodial sentence is appropriate under the circumstances. 06-26-12