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31 /usr/local/share/www/libweb/collections/courts/appellate/a0861-18.opn.html -- rank: 846

... may not be used to enhance any subsequent conviction of N.J.S.A 39:3-40 or N.J.S.A. 2C:40-26 pursuant to ...

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32 STATE OF NEW JERSEY v. DAVI F. KANE -- rank: 838

... to withdraw her guilty plea to a traffic offense under N.J.S.A. 39:3-40 for driving with a suspended license, thereby eliminating her double ... Division judge reinstated defendant's original municipal guilty plea under N.J.S.A. 39:3-40 and barred a prosecution of defendant under N.J.S ... to driving while on the suspended list, in violation of N.J.S.A. 39:3-40. A violation of that statute is a non-indictable offense ... carries a mandatory minimum penalty of 180 days in prison. N.J.S.A. 39:3-40 is a lesser-included offense of N.J.S.A ... terms of the plea that had first been presented under [ N.J.S.A. 39:3-40]. . . . [and that he] was not doing anything to have that ... original municipal guilty plea and sentence for a violation of N.J.S.A. 39:3-40. The State mainly alleges that defendant's guilty plea ...

docket:	a5773-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-17
status:	unpublished
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Document Size:	44078

33 State v. Barrington McDonald -- rank: 830

... A. 39:4-50, and driving with a suspended license, N.J.S.A. 39:3-40. The prosecutor agreed to recommend a single, three-year sentence ... S.A. 39:4-50, driving with a suspended license, N.J.S.A. 39:3-40, DWI in a school zone, N.J.S.A. 39 ... plea to driving with a suspended license in violation of N.J.S.A. 39:3-40. At the plea hearing, in the context of a discussion ... period of revocation, his license remained suspended for purposes of N.J.S.A. 39:3-40); State v. Zalta , 217 N.J. Super. 209 , 212 (App ... plea to driving with a suspended license in violation of N.J.S.A. 39:3-40. It remanded for the trial court’s consideration of defendantâ ... guilty to driving with a suspended license in violation of N.J.S.A. 39:3-40, in order to ensure that defendant fully understood the ...

docket:	A-118-10
court:	NJ Supreme Court
decided:	2012-07-23
status:
citation:	211 N.J. 4 47 A.3d 669
Document Size:	130596

34 STATE OF NEW JERSEY v. ROBERT LUZHAK -- rank: 827

... vehicle summons in Woodbridge for driving with a suspended license, N.J.S.A. 39:3-40, following a minor car accident in a parking lot. At ... vehicle during the period of license suspension in violation of [ N.J.S.A. 39:3-40], if the actor's license was suspended or revoked for ... had occurred in [New Jersey]" when considering enhanced penalties under N.J.S.A. 39:3-40 due to previous DWI convictions in foreign states. Similarly in ... to conclude the defendant was subject to enhanced penalties under N.J.S.A. 39:3-40 due to a DWI conviction in another state. See also ... pursuant to N.J.S.A. 39:4-50 or N.J.S.A. 39:3-40 may be triggered by a DWI conviction from another state ... App. Div. 1987), we affirmed a conviction for violation of N.J.S.A. 39:3-40 based upon the admission of a copy of defendant' ...

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

35 /usr/local/share/www/libweb/collections/courts/supreme/a4214svd.opn.html -- rank: 822

... order[.]” Ibid. That requirement existed when Hamm was decided. N.J.S.A. 39:3-40 states that no person whose driver’s license has been ... less than 10 days or more than 90 days.” N.J.S.A. 39:3-40(f)(2). The DWI offender’s motor-vehicle registration privilege will also be revoked. N.J.S.A. 39:3-40(a). This penalty existed when Hamm was decided, except that ... 39:4-50.19(a); driving on a suspended license, N.J.S.A. 39:3-40; and failing to pay a penalty or surcharge, N.J ...

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court:	NJ Superior Court Law/Chancery Division
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36 Jersey v. James R. Denelsbeck -- rank: 819

... order[.]” Ibid. That requirement existed when Hamm was decided. N.J.S.A. 39:3-40 states that no person whose driver’s license has been ... less than 10 days or more than 90 days.” N.J.S.A. 39:3-40(f)(2). The DWI offender’s motor-vehicle registration privilege will also be revoked. N.J.S.A. 39:3-40(a). This penalty existed when Hamm was decided, except that ... 39:4-50.19(a); driving on a suspended license, N.J.S.A. 39:3-40; and failing to pay a penalty or surcharge, N.J ...

docket:	a-42-14
court:	New Jersey Supreme Court
decided:	2016-05-12
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37 STATE OF NEW JERSEY v. LAZAROS TSITSOULAS -- rank: 816

... finding him guilty of driving while on the suspended list, N.J.S.A. 39:3-40. We affirm. I We glean the following from the record ... issued a summons for driving while on the suspended list, N.J.S.A. 39:3-40. The matter was not heard by the Municipal Court until ... argued that before a party can be found guilty of N.J.S.A. 39:3-40, the State must prove such party had been provided notice ... or she was on the suspended list. The State argued N.J.S.A. 39:3-40 does not require that, in order to be found guilty ... de novo, the judge determined that, among other things, because N.J.S.A. 39:3-40 makes no reference to intent or knowledge, the State did ... license suspension before he could be found guilty of violating N.J.S.A. 39:3-40. Because the State proved defendant's driver's license ...

docket:	a3963-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-29
status:	unpublished
citation:
Document Size:	37079

38 /usr/local/share/www/libweb/collections/courts/appellate/a2498-17.opn.html -- rank: 816

... vehicle during the period of license suspension in violation of [ N.J.S.A.] 39:3-40, if the actor's license was suspended or revoked for ...

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39 STATE OF NEW JERSEY v. ANDRE L. URLIN -- rank: 814

... for driving while his license was suspended in accordance with N.J.S.A. 39:3-40 of the motor vehicle code. Although the case commenced in ... S.A. 2C:40-26, and the motor vehicle code, N.J.S.A. 39:3-40, resulting in a violation of his right to due process ... the indictment. The judge concluded the two statutes at issue ( N.J.S.A. 39:3-40 and N.J.S.A. 2C:40-26) are not ... A. 2C:40-26, and the motor vehicle code provision, N.J.S.A. 39:3-40, addressing persons who drive while their license is suspended, when ... that because N.J.S.A. 2C:40-26 and N.J.S.A. 39:3-40 can both be applied to punish recidivist DWI offenders who ... activity and the consequences for engaging in that unlawful conduct. N.J.S.A. 39:3-40 prohibits a person whose license has been suspended from ...

docket:	a3638-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-12
status:	Unpublished
citation:
Document Size:	19947

40 /usr/local/share/www/libweb/collections/courts/appellate/a5974-13.opn.html -- rank: 809

... 2C:40-22(b) and the related motor vehicle violation, N.J.S.A. 39:3-40, were not imposed, thus rendering the sentences illegal. I. The ... vehicle summonses, including driving during a period of license suspension, N.J.S.A. 39:3-40. Defendant applied for PTI on May 13, 2013. On June ... and to the motor vehicle offense of driving while suspended, N.J.S.A. 39:3-40. Pursuant to the negotiated plea agreement, defendant preserved the right ... not less than 45 days or more than 180 days." N.J.S.A. 39:3-40(e). Also, when the suspension is based on a DWI ... not less than [ten] days or more than [ninety] days." N.J.S.A. 39:3-40(f)(2). The record before us indicates that defendant was ... bodily injury to another person. Under the sentencing provisions of N.J.S.A. 39:3-40, he was thus subject to mandatory penalties that included ...

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court:	NJ Superior Court Law/Chancery Division
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41 STATE OF NEW JERSEY v. ADAM C. SPEARS -- rank: 809

... 39:3-10, and for driving with a suspended license, N.J.S.A. 39:3-40. After police discovered defendant's Pennsylvania driver's license was ... vehicle during the period of license suspension in violation of [ N.J.S.A. ] 39:3-40, [driving with a suspended license], if the actor’s license ... that are set forth outside of the Criminal Code in N.J.S.A. 39:3-40(f)(2), a provision that authorizes a jail term of ... had occurred in [New Jersey]' when considering enhanced penalties under N.J.S.A. 39:3-40 due to previous DWI convictions in foreign states." Id. at ...

docket:	a4839-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-16
status:	unpublished
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Document Size:	39309

42 STATE OF NEW JERSEY v. THOMAS BURNS -- rank: 806

... summonses for driving with a suspended license in violation of N.J.S.A. 39:3-40, and driving without an interlock device in violation of N ... vehicle during the period of license suspension in violation of [ N.J.S.A. 39:3-40], if the actor's license was suspended or revoked for ... pursuant to N.J.S.A. 39:4-50 or N.J.S.A. 39:3-40 may be triggered by a DWI conviction from another state ...

docket:	a0923-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-23
status:	unpublished
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Document Size:	25297

43 STATEOF NEW JERSEY v. LEON FAISON -- rank: 806

... vehicle during the period of license suspension in violation of [N.J.S.A. 39:3-40], if the actor's license was suspended or revoked for ... under the facts of Sylvester, that Laurick applied only to N.J.S.A. 39:3-40 and did not extend to N.J.S.A. 2C ... guilty of the lesser charge of driving while suspended under N.J.S.A. 39:3-40. While we have not been provided with defendant's sentencing ... A-3629-15T4 transcript, we assume the judge merged the N.J.S.A. 39:3-40 conviction into the N.J.S.A. 2C:40-26 ... Before us, defendant concedes 'he should be made subject to [N.J.S.A. 39:3-40] given the dismissal of his previous DWI and the State ... remand for the Law Division to sentence defendant on the N.J.S.A. 39:3-40 conviction. Reversed and remanded. We do not retain jurisdiction. ...

docket:	a3629-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-29
status:	published
citation:	452 N.J.Super. 390 174 A.3d 1006
Document Size:	32674

44 STATE OF NEW JERSEY V. EILEEN PIERCE -- rank: 803

... for operating the vehicle while his license is suspended. See N.J.S.A. 39:3-40. The State supports the validity of the search by relying ... The penalties that the Legislature has imposed for violations of N.J.S.A. 39:3-40, driving while on revoked list, reflect the seriousness of the ... causes injury to another person in the course of violating N.J.S.A. 39:3-40 shall be imprisoned for not less than forty-five days ... Super. 294 , 299 (Cty. Ct. 1962) (stating that "in violating N.J.S.A. 39:3-40 the offender asserts his defiance of public sanctions imposed for ... offenders, would ordinarily justify the arrest of a violator of N.J.S.A. 39:3-40 in order to permit police officials to verify that the ... Code embraces offenses far less serious than that proscribed by N.J.S.A. 39:3-40, and the arbitrary and unreasonable exercise of the statutory ...

docket:	a-19-93
court:	njsupreme
decided:	1994-06-15
status:
citation:	136 N.J. 184
Document Size:	117446

45 STATE OF NEW JERSEY v. WILLIE R. RAINS -- rank: 803

... conviction, N.J.S.A. 2C:40-26(b) and N.J.S.A. 39:3-40 were not yet effective. We reject these arguments and affirm ... issued a ticket for driving while his license was revoked, N.J.S.A. 39:3-40. He was indicted for fourth-degree operating a motor vehicle ... FAISON). POINT II: DEFENDANT WAS ENTITLED TO BE SENTENCED UNDER N.J.S.A. 39:3-40 AS OPPOSED TO N.J.S.A. 2C:40-26 ... IV that because the enhancement provision under motor vehicle statute N.J.S.A. 39:3-40 and criminal statute N.J.S.A. 2C:40-26 ...

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