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31 STATE OF NEW JERSEY v. SAMUEL VIANA -- rank: 735

... N.J. Super. 514 (App. Div. 2015), a case involving N.J.S.A. 2C:40-26, a statute that criminalizes those who drive while their driver ... in Perry was whether a defendant can be convicted under N.J.S.A. 2C:40-26 if 'the act of driving occurs beyond the determinate sentenced ... Writing for the panel, our colleague Judge Alvarez concluded that N.J.S.A. 2C:40-26 'criminalizes the operation of a motor vehicle only while the ... purposes of clarity, it is worth restating the differences between N.J.S.A. 2C:40-26 and N.J.S.A. 2C:40-22. N.J.S.A. 2C:40- 26 criminalizes driving a motor vehicle while one's driver's ... N.J.S.A. 39:4-50. The interplay in N.J.S.A. 2C:40-26 is a narrow one. The only uncertainty our decision ...

docket:	a0163-17
court:	NJ Superior Court Appellate Division
decided:	2018-08-31
status:	Unpublished
citation:
Document Size:	28430

32 /usr/local/share/www/libweb/collections/courts/supreme/a0625-14.opn.html -- rank: 730

... second or subsequent driving while intoxicated (DWI) offense, contrary to N.J.S.A. 2C:40-26(b). Defendant argues the trial judge erred by denying his ... abstract and then issued a complaint charging a violation of N.J.S.A. 2C:40-26(b). Defendant was subsequently indicted on a single count of ... suspension imposed for a second or subsequent DWI, contrary to N.J.S.A. 2C:40-26(b). Defendant filed a motion to dismiss the indictment asserting ... his judgment of conviction. On appeal, defendant argues: POINT I N.J.S.A. 2C:40-26 DOES NOT APPLY TO AN INDIVIDUAL WHO DRIVES AFTER HIS ... The Trial Court's Ruling Defies the Plain Meaning of N.J.S.A. 2C:40-26 and is Fundamentally Inconsistent with the Statutory Scheme. B. The Statute's Legislative History Reveals That N.J.S.A. 2C:40-26 Was Intended to Punish Repetitive Drunk Drivers Who Disregard ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	18781

33 STATE OF NEW JERSEY v. JOHN TORRES -- rank: 730

... second or subsequent driving while intoxicated (DWI) offense, contrary to N.J.S.A. 2C:40-26(b). Defendant argues the trial judge erred by denying his ... abstract and then issued a complaint charging a violation of N.J.S.A. 2C:40-26(b). Defendant was subsequently indicted on a single count of ... suspension imposed for a second or subsequent DWI, contrary to N.J.S.A. 2C:40-26(b). Defendant filed a motion to dismiss the indictment asserting ... his judgment of conviction. On appeal, defendant argues: POINT I N.J.S.A. 2C:40-26 DOES NOT APPLY TO AN INDIVIDUAL WHO DRIVES AFTER HIS ... The Trial Court's Ruling Defies the Plain Meaning of N.J.S.A. 2C:40-26 and is Fundamentally Inconsistent with the Statutory Scheme. B. The Statute's Legislative History Reveals That N.J.S.A. 2C:40-26 Was Intended to Punish Repetitive Drunk Drivers Who Disregard ...

docket:	a0625-14
court:	NJ Superior Court Appellate Division
decided:	2016-06-06
status:	unpublished
citation:
Document Size:	19315

34 STATE OF NEW JERSEY v. MICHELLE TOUSSAINT -- rank: 728

... an offense the Legislature has treated as particularly egregious. See N.J.S.A. 2C:40-26(c) (requiring 180 days imprisonment without parole for a second ... S.A. 39:4-51. In 2009, the Legislature enacted N.J.S.A. 2C:40-26, making it a crime to violate N.J.S.A ... a second conviction for driving while suspended for DWI. In N.J.S.A. 2C:40-26(c), the Legislature signaled its understanding that, absent a specific ... during which the defendant shall not be eligible for parole . [ N.J.S.A. 2C:40-26(c) (emphasis added).] In French , supra , we construed this provision ... 5 (authorizing the creation of labor assistance programs). 4 While N.J.S.A. 2C:40-26(c) is aimed at repeat offenders, N.J.S.A ...

docket:	a3654-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-14
status:	published
citation:	440 N.J.Super. 526 114 A.3d 1016
Document Size:	44188

35 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 723

Original Wordprocessor Version (NOTE: The status of this decision is Published.) DATE NAME OF CASE (DOCKET NUMBER) 06/26/17 I/M/O STATE OF NJ AND FOP POLICE LODGE 91 A-0413-15T4 The interest arbitration and salary cap provisions of the Police and Fire Public Interest Arbitration Reform Act ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	151111

36 STATE OF NEW JERSEY v. WILLIE R. RAINS -- rank: 718

... suspended for a second offense of driving while intoxicated (DWI), N.J.S.A. 2C:40-26(b). Defendant pled guilty and was sentenced to one year ... and (4) at the time of his first DWI conviction, N.J.S.A. 2C:40-26(b) and N.J.S.A. 39:3-40 were ... period of license suspension for a second or subsequent DWI, N.J.S.A. 2C:40-26(b). On June 5, 2017, after oral argument, the trial ... N.J.S.A. 39:3-40 AS OPPOSED TO N.J.S.A. 2C:40-26(b) FOLLOWING HIS MAY 19, 2016 CONVICTION FOR DRIVING WHILE ... 3) and creates a false connection between that statute and N.J.S.A. 2C:40-26(b). A person is guilty under N.J.S.A. 2C:40-26(b) of fourth-degree operating a motor vehicle during ...

docket:	a1788-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-23
status:	Unpublished
citation:
Document Size:	18976

37 STATE OF NEW JERSEY v. MIGUEL A. SOTO -- rank: 713

... PER CURIAM Following a jury trial, defendant was convicted of N.J.S.A. 2C:40-26(b), operating a motor vehicle while his license was suspended ... IN THE FLAWED NOTION THAT ALL INDIVIDUALS CHARGED WITH VIOLATING N.J.S.A. 2C:40-26 SHOULD BE PRESUMPTIVELY INELIGIBLE FOR PTI. BECAUSE THE PROSECUTOR'S ... PTI ADMISSION SHOULD EXIST FOR ALL INDIVIDUALS CHARGED WITH VIOLATING N.J.S.A. 2C:40-26 AND A MISAPPLICATION OF THE PTI FACTORS. B. IN EFFECT, THE PROSECUTOR'S UNDUE EMPHASIS ON THE CHARGED N.J.S.A. 2C:40-26 VIOLATION AMOUNTS TO A PER SE BAR TO PTI ADMISSION ... N.J.S.A. 39:3-40 CONVICTION INTO THE N.J.S.A. 2C:40-26 CONVICTION. Although separate fines and penalties are appropriate for defendant ... a per se rule against admitting anyone charged with violating N.J.S.A. 2C:40-26. He argues further that the Prosecutor misapplied a number ...

docket:	a1204-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-21
status:	unpublished
citation:
Document Size:	34312

38 STATE OF NEW JERSEY v. ROBERT LUZHAK -- rank: 711

... D. Defendant Robert Luzhak appeals from his conviction for violating N.J.S.A. 2C:40-26(b) by driving during a second license suspension for driving ... second license suspension stemming from a DWI, in violation of N.J.S.A. 2C:40-26(b). Defendant filed a motion to dismiss the indictment, arguing ... did not qualify as a predicate DWI conviction pursuant to N.J.S.A. 2C:40-26(b). The motion was denied on August 21, 2014. Thereafter ... motion to dismiss the indictment should have been granted because N.J.S.A. 2C:40-26(b) does not reference license suspensions from foreign jurisdictions and ... its dismissal. We agree. At the outset, we note that N.J.S.A. 2C:40-26(b) does not contain language that DWI convictions in other ... 2010)]. [ State v. Frye , 217 N.J. 566 , 575 (2014).] N.J.S.A. 2C:40-26(b) states in pertinent part: It shall be a ...

docket:	a2445-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-27
status:	published
citation:	445 N.J.Super. 241 137 A.3d 555
Document Size:	31491

39 STATE OF NEW JERSEY v. DAVI F. KANE -- rank: 708

... of defendant's conviction in the Law Division for violating N.J.S.A. 2C:40-26(b), operating a motor vehicle with a license suspended as ... her for an indictable offense for that same conduct under N.J.S.A. 2C:40-26(b). The State, meanwhile, challenges the legality of the thirty ... jail sentence the Law Division imposed upon defendant for the N.J.S.A. 2C:40-26(b) offense. For the reasons that follow, we remand this ... thirty days to the minimum of 180 days mandated by N.J.S.A. 2C:40-26(c). We derive the following chronology from the record. Defendant ... to defendant because her conduct was also in violation of N.J.S.A. 2C:40-26(b). That statute, which became effective on August 1, 2011 ... s original plea was especially advantageous to her is that N.J.S.A. 2C:40-26(b) carries a mandatory minimum penalty of 180 days ...

docket:	a2725-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-25
status:	unpublished
citation:
Document Size:	23523

40 STATE OF NEW JERSEY v. NIRAJ R. JIVANI -- rank: 696

... vehicle during a period of license suspension in violation of N.J.S.A. 2C:40-26(b). The statute, which became effective on August 1, 2011 ... June 27, 2013, charging him with two counts of violating N.J.S.A. 2C:40-26(b). Before trial, defendant filed a motion to dismiss the ... arguing that, at the time he was charged with violating N.J.S.A. 2C:40-26(b), his driver's license was not suspended or revoked ... his two-year suspension, was not for DWI and therefore N.J.S.A. 2C:40-26(b) did not apply. The motion judge rejected defendant's argument, interpreting N.J.S.A. 2C:40-26(b) to mean that a driver's license is suspended ... abstract. After closing arguments, the judge instructed the jury regarding N.J.S.A. 2C:40-26: [T]he statute upon [which] this charge is based ...

docket:	a1619-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-22
status:	unpublished
citation:
Document Size:	19821

41 STATE OF NEW JERSEY v. STEPHEN A. MCMAHON -- rank: 686

... 1 or refusal to submit to a breath test. 2 N.J.S.A. 2C:40-26(b). Defendant was also charged with two related Title 39 ... Defendant thereafter pled guilty to the fourth degree offense under N.J.S.A. 2C:40-26(b) and to the two Title 39 charges of driving ... incarceration, to run concurrent to the mandatory term imposed under N.J.S.A. 2C:40- 26(b). The court also imposed a $1000 fine and other ... the grand jury to establish a prima facie case under N.J.S.A. 2C:40-26(b). Relying on this court's decision in State v ... at the time defendant engaged in the conduct prohibited by N.J.S.A. 2C:40-26(b). After reviewing the record before us and mindful of ... conviction for refusal to submit to a breath test under N.J.S.A. 2C:40-26(b). A Morris County grand jury subsequently indicted defendant ...

docket:	a0450-16
court:	NJ Superior Court Appellate Division
decided:	2017-12-27
status:	unpublished
citation:
Document Size:	38921

42 STATE OF NEW JERSEY v. DAVID C. LILLY -- rank: 679

... license was suspended after multiple driving while intoxicated ("DWI") convictions. N.J.S.A. 2C:40-26(b). On March 16, 2015, the trial judge denied defendant ... BEEN GRANTED BECAUSE DEFENDANT CANNOT BE FOUND GUILTY OF VIOLATING N.J.S.A. 2C:40-26(b) FOR DRIVING WITH A SUSPENDED LICENSE WHERE THE UNDERLYING ... Because defendant had two DWI convictions, he was charged under N.J.S.A. 2C:40-26(b) for "operat[ing] a motor vehicle during the period ... subsequent" DWI and, therefore, should not have been charged under N.J.S.A. 2C:40-26(b). Following oral argument, the trial judge denied defendant's ... second DWI for all other purposes, including the applicability of N.J.S.A. 2C:40-26(b). On appeal, defendant again argues that his qualification for ... result, defendant maintains that he could not be charged under N.J.S.A. 2C:40-26(b) because that statute applies only to second or ...

docket:	a1495-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-28
status:	unpublished
citation:
Document Size:	18650

43 STATE OF NEW JERSEY v. JOSEPH A. VIRGINIA JR -- rank: 674

... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b). Defendant entered a guilty plea on both indictments and ... BEEN GRANTED BECAUSE DEFENDANT CANNOT BE FOUND GUILTY OF VIOLATING N.J.S.A. 2C:40-26(b) FOR DRIVING WITH A SUSPENDED LICENSE WHERE THE UNDERLYING ... a motor vehicle during a period of license suspension under N.J.S.A. 2C:40-26(b). On March 25, 2013, defendant moved to dismiss both ... or subsequent DWI offense and could not be charged under N.J.S.A. 2C:40-26(b). Denying defendant's motion, the trial court opined: [A ... a)(3) to negate the applicability under these facts of N.J.S.A. 2C:40-26(b). II. Defendant argues that his qualification for lenient sentencing ... As a result, defendant maintains he cannot be charged under N.J.S.A. 2C:40-26(b) because it applies only to second or subsequent ...

docket:	a2415-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	16255

44 STATE OF NEW JERSEY v. LUIS M. OLIVA -- rank: 664

... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C: 40-26(b), and to driving with a suspended license, N.J ... 50. Defendant was indicted for fourth-degree driving while suspended, N.J.S.A. 2C:40-26(b) and charged with motor vehicle summonses for driving with ... a suspended license, N.J.S.A. 39:5- 35. N.J.S.A. 2C:40-26(b) provides that '[i]t shall be a crime of ... during which the defendant shall not be eligible for parole.' N.J.S.A. 2C:40-26(c). The Morris County Prosecutor's Office rejected defendant's ... that the Legislature's mandatory sentence and parole ineligibility under N.J.S.A. 2C:40-26 was 'clearly intended to 1 Defendant's first DWI was ... for Operation of Pretrial Intervention. 4 A-1106-16T 1 N.J.S.A. 2C:40-26(b) and to driving with a suspended license, N. ...

docket:	a1106-16
court:	NJ Superior Court Appellate Division
decided:	2018-04-12
status:	unpublished
citation:
Document Size:	31469

45 STATE OF NEW JERSEY v. ROBERT A. WOOLLERTON -- rank: 654

... driving while intoxicated (DWI) 1 violation, a fourth-degree offense, N.J.S.A. 2C:40-26(b). In particular, defendant challenges the denial of his application ... for a second or subsequent conviction for driving while intoxicated, N.J.S.A. 2C:40-26(b). Thereafter, defendant applied for PTI but was rejected by ... incarceration with no parole eligibility for those in violation of [ N.J.S.A.] 2C:40-26. The decision by the Legislature . . . is clearly intended to deter ... the rejection other than a blanket prohibition against enrollment for N.J.S.A. 2C:40-26 violators. Likewise, the court rejected defendant's contention that factors ... accorded great weight to the sentencing scheme set forth under N.J.S.A. 2C:40-26" and "absent proof that the Legislature intended to create a ... v. Rizzitello , 447 N.J. Super. 301 (App. Div. 2016), N.J.S.A. 2C:40-26 does not carry a presumption against admission into PTI ...

docket:	a4017-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-23
status:	unpublished
citation:
Document Size:	29848