151 Results for [("N.J.S.A. 2C:40-26")]

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61 STATE OF NEW JERSEY v. WILLIAM O'ROURKE -- rank: 609

... a second or subsequent conviction for driving while intoxicated (DWI), N.J.S.A. 2C:40-26(b). A Montgomery Township Police Officer also issued defendant summonses ... to one count of the fourth degree offense defined in N.J.S.A. 2C:40-26(b) and to DWI under N.J.S.A. 39 ... of which to be served without parole as mandated by N.J.S.A. 2C:40-26(b). Defendant was free to argue for a lesser sentence ... days without parole in the county jail as mandated by N.J.S.A. 2C:40-26(b). On his conviction for his fourth DWI, the judge ... County Prosecutor's Office to reject all persons charged with N.J.S.A. 2C:40-26(b), it certainly [is] true that in most instances[,] such ... forego prosecution, also favors rejection. The Legislature's adoption of N.J.S.A. 2C:40-26(b) clearly shows it seeks to deter drunk driving ...

docket:	a3953-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-05
status:	unpublished
citation:
Document Size:	23733

62 /usr/local/share/www/libweb/collections/courts/appellate/a2673-20.opn.html -- rank: 604

... vehicle during a period of license suspension in violation of N.J.S.A. 2C:40-26, a fourth-degree crime. Defendant was sentenced to probation conditioned ... a motor vehicle while his driver's license was suspended, N.J.S.A. 2C:40-26(b). Defendant pled guilty, and on January 24, 2020, the ... State opposed, arguing the 'mandatory period of parole ineligibility in N.J.S.A. 2C:40-26 prohibited the conversion of his sentence to time served.' The ... 2019), 'made it clear to all . . . trial courts . . . pursuant to [N.J.S.A. 2C:40-26] that the 180 days that must be served . . . are a ... could find no exceptions that would permit a deviation from N.J.S.A. 2C:40-26(c). The court distinguished State v. Williams, 81 N.J ... multiple punishments for the same offense. A-2673-20 6 N.J.S.A. 2C:40-26(c) states 'if a person is convicted of a ...

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Document Size:	19513

63 STATE OF NEW JERSEY v. IRENE E. KOERNER -- rank: 602

... a second or subsequent conviction of driving while intoxicated (DWI), N.J.S.A. 2C:40-26(b). The trial judge then found defendant guilty of the ... of her license suspensions as proof of the elements of N.J.S.A. 2C:40-26(b). The dispositions, which were prepared by two municipal court ... 39:3-40, should have merged into her conviction under N.J.S.A. 2C:40-26(b). Merger of these offenses is appropriate because by definition ... license suspension for a second or subsequent DWI conviction under N.J.S.A. 2C:40- 26(b) incorporates the motor vehicle offense of driving while 5 ... J.S.A. 39:3-40 into her conviction under N.J.S.A. 2C:40-26(b). We otherwise affirm defendant's sentence. We do not ...

docket:	a5097-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-10
status:	unpublished
citation:
Document Size:	20883

64 /usr/local/share/www/libweb/collections/courts/appellate/a1314-16.opn.html -- rank: 602

... a second driving while intoxicated (DWI) conviction in violation of N.J.S.A. 2C:40-26(b). We affirm. I. On March 15, 2014, defendant, then ... while suspended for a second DWI conviction in violation of N.J.S.A. 2C:40-26(b).1 Defendant thereafter applied for admission to PTI. During ... per se rule denying PTI for defendants charged with violating N.J.S.A. 2C:40-26(b) because he considered 4 A-1314-16T2 the predicate ... per se rule denying PTI for defendants charged with violating N.J.S.A. 2C:40-26(b). The court instead observed that it was the temporal ... present here. Defendant thereafter entered a guilty plea to violating N.J.S.A. 2C:40-26(b). After weighing the aggravating and mitigating factors, the trial ... county jail to run concurrently with the sentence for violating N.J.S.A. 2C:40-26(b), as well as a one-year-and-one- ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	18121

65 STATE OF NEW JERSEY v. ANGEL M. SAANTOS -- rank: 599

... Tommie Jones, and Mark A. Poindexter pled guilty to violating N.J.S.A. 2C:40-26(b), and now appeal from the 180-day jail term the court imposed pursuant to N.J.S.A. 2C:40-26(c). We affirm the sentence in each case. I For ... a grand jury returned an indictment charging Santos, pursuant to N.J.S.A. 2C:40-26(b), with operating a motor vehicle while his license was ... and later mailed him a summons charging him pursuant to N.J.S.A. 2C:40-26(b). On June 4, 2013, Jones pled guilty to operating ... DWI conviction. He was indicted on one count of violating N.J.S.A. 2C:40-26(b). Poindexter pled guilty on June 25, 2013 before Judge ... a stay pending appeal. II These three appeals focus on N.J.S.A. 2C:40-26, which provides in relevant part: b. It shall be ...

docket:	a1153-13
court:	superior court trial
decided:	2015-03-05
status:	unpublished
citation:
Document Size:	19366

66 STATE OF NEW JERSEY v. SURAJ R. DESAI a/k/a SURAJ DESSAI -- rank: 592

... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b). Subsequent to sentencing on his conviction, defendant pled guilty ... summons for driving while suspended. Defendant was subsequently indicted under N.J.S.A. 2C:40- 26(b) for operating a motor vehicle with a suspended license ... to present a defense that he did not knowingly violate N.J.S.A. 2C:40-26(b). Defendant contends he was entitled to present a defense ... terms have the same meaning. The model jury charge for N.J.S.A. 2C:40-26 describes the elements, which must be met by the State ... DWI or Refusal to Submit to a Chemical Breath Test (N.J.S.A. 2C:40-26)' (rev. April 11, 2016) (emphasis added).] The gravamen of defendant ...

docket:	a1433-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-16
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Document Size:	26916

67 STATE OF NEW JERSEY v. LORI SHARP -- rank: 587

... decision, the prosecutor noted that the Legislature had recently passed N.J.S.A. 2C:40-26 to treat the crime of DWS for DWI seriously by ... of actor the [L]egislature sought to address when enacting [ N.J.S.A. 2C:40-26] because she is someone who has repeatedly ignored an order ... that defendant was ineligible for PTI because the Legislature passed N.J.S.A. 2C:40-26 to address actors like her. This appeal followed. We have ... prosecutor's reference to the Legislature's intent to apply N.J.S.A. 2C:40-26 to drivers like defendant as the prosecutor's sole reason ... the prosecutor's statement that the Legislature's enactment of N.J.S.A. 2C:40-26 indicated its intent to treat the crimes of DWS for ...

docket:	a1230-12
court:	NJ Superior Court Appellate Division
decided:	2011-08-02
status:	unpublished
citation:
Document Size:	18567

68 STATE OF NEW JERSEY v. TANIA M. BORGES April 1, 2015 March 24 2015 – -- rank: 570

... N.J.S.A. 39:4-50 (driving while intoxicated). N.J.S.A. 2C:40-26(b). Her appeal focuses on her exclusion from the Drug ... was subject to a mandatory minimum period of incarceration under N.J.S.A. 2C:40-26(b). See N.J.S.A. 2C:35-14(b ... county jail without parole, the term of imprisonment required by N.J.S.A. 2C:40-26(c). Defendant declined the conditional entry into the Drug Court ... July 23, 2013 order. Defendant then pled guilty to violating N.J.S.A. 2C:40-26(b), conditioned on her right to pursue her appeal of ... French , we held that that a defendant convicted of violating N.J.S.A. 2C:40-26(b) must be sentenced to a term of 180 days ... but then continues to drive despite the license suspension. Because N.J.S.A. 2C:40-26(c) requires a "fixed minimum sentence of not less ...

docket:	a6102-12
court:	NJ Superior Court Appellate Division
decided:	2013-07-23
status:	unpublished
citation:
Document Size:	13428

69 STATE OF NEW JERSEY v. JAMES W. BOLLINGER -- rank: 562

... of imprisonment with no fewer than 180 days' parole ineligibility. N.J.S.A. 2C:40-26(b)-(c). Defendant entered his plea on December 1, 2014 ... charging defendant with the crime defined in subsection (a) of N.J.S.A. 2C:40-26 and sentenced him to eighteen months' imprisonment with 215 days ... consolidated appeals that raised the question whether a conviction for N.J.S.A. 2C:40-26(a)-(b) can be established if "the act of driving ... points the defendant raises. Those points are: point i because N.J.S.A. 2C:40-26 does not apply to an individual who drives after his ... reversal. a. perry correctly held that the plain meaning of N.J.S.A. 2C:40-26 criminalizes only the operation of a motor vehicle during the ... correctly held that state v. zalta is inapplicable to interpreting N.J.S.A. 2C:40-26. e. in addition, looking at the statutes in pari ...

docket:	a2749-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-31
status:	unpublished
citation:
Document Size:	18182

70 STATE OF NEW JERSEY v. DAVID L. MORTIMER -- rank: 553

... license was suspended after multiple driving while intoxicated (DWI) convictions. N.J.S.A. 2C:40-26(b). The judge sentenced defendant to a mandatory term of ... suspension for a second or subsequent DWI in violation of N.J.S.A. 2C:40- 26(b). The case was then transferred to the Salem County ... period of suspension for a second or subsequent DWI under N.J.S.A. 2C:40-26(b). On September 12, 2019, defendant filed a motion to ... the municipal prosecutor filed a complaint charging defendant with violating N.J.S.A. 2C:40- 26(b). Thus, almost eighteen months passed before the grand jury ...

docket:	a2858-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-25
status:	Unpublished
citation:
Document Size:	21901

71 STATE OF NEW JERSEY v. JOHN D. HARRIS, III -- rank: 543