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46 A-0STATE OF NEW JERSEY v. ROBERTO DIAZ July 24, 2015 -- rank: 798

... A. 2C:40-26(a), his license was suspended under N.J.S.A. 39:3-40, not as part of the suspension imposed by the court ... J.S.A. 39:4-88, and driving while suspended, N.J.S.A. 39:3-40. At the time defendant was charged with these Title 39 ... due to the fact that he then incurred . . . multiple other [ N.J.S.A. ] 39:3-40 suspensions. They happened one after another. He was driving again ... suspension that was the subsequent [DWI] suspension that triggered the [ N.J.S.A. 39:3-40]. . . . . The fact is that the prohibition against driving while suspended ... argument that, well, he . . . was driving while suspended because of [ N.J.S.A. ] 39:3-40, not under his second or more [ N.J.S.A ...

docket:	a3515-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-25
status:	unpublished
citation:
Document Size:	28604

47 STATE OF NEW JERSEY v. JENNIFER BISCO -- rank: 795

... defendant sentenced to the county jail for a violation of N.J.S.A. 39:3-40(f)(2), may serve that sentence in the Sheriff's ... plea agreement, defendant entered a plea to a violation of N.J.S.A. 39:3-40. The focus of discussion at sentencing was about defendant's ... fines and penalties, the municipal judge sentenced defendant, pursuant to N.J.S.A. 39:3-40(e), to a 45-day jail sentence, and to an additional 10-day jail sentence pursuant to N.J.S.A. 39:3-40(f) (driving while suspended as a result of a violation ... an incarceration alternative in other instances of a violation of N.J.S.A. 39:3-40. In Luthe , we held that a SLAP sentence was not ... J. Super. at 439. The statutory construct is similar here. N.J.S.A. 39:3-40 provides in relevant part: No person to whom a ...

docket:	a6229-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-01
status:	unpublished
citation:
Document Size:	16786

48 STATE OF NEW JERSEY v. LATEEF J. COLLEY -- rank: 795

... 50 subjects a defendant to the enhanced penalty set by N.J.S.A. 39:3-40. We affirm. On June 29, 2005, Port Authority Police Officer ... was not subject to the enhanced penalty provision set by N.J.S.A. 39:3-40, which calls for the enhancement where the basis of the ... it was his opinion that the enhanced penalties outlined in N.J.S.A. 39:3-40 were mandatory and applied to defendant's conviction. Defendant moved ... conclusion of the trial, defendant was found guilty of violating N.J.S.A. 39:3-40. The judge imposed a $500 fine; $33 in court costs ... Judge Carroll "erred in the interpretation of the provisions of [ N.J.S.A. ] 39:3-40." Defendant further contends that it was error to accept into ... impaired does not subject him to enhanced penalties pursuant to N.J.S.A. 39:3-40 because the prior conviction was not for a violation ...

docket:	a3347-06
court:	njappellate
decided:	2007-12-14
status:	published
citation:	397 N.J.Super. 214
Document Size:	43107

49 STATE OF NEW JERSEY v. STEPHEN A. MCMAHON -- rank: 777

... 2 N.J.S.A. 39:4-50.4a. 3 N.J.S.A. 39:3-40. 2 A-0450-16T4 monetary penalties, and revoked defendant's ... 39:4-96; 4. Driving While Suspended, in violation of N.J.S.A. 39:3-40; 5. Unregistered, in violation of N.J.S.A. 39 ...

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

50 STATE OF NEW JERSEY v. VICTOR FERRIGNO -- rank: 753

... was not appealed. A-5041-16T2 3 in violation of [N.J.S.A. 39:3-40], if the actor’s license was suspended or revoked for ... than the ten days imposed for driving while suspended under N.J.S.A. 39:3-40. Therefore, he asserts that because of his right to be ...

docket:	a5041-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-14
status:	Unpublished
citation:
Document Size:	34466

51 STATE OF NEW JERSEY v. MIGUEL A. SOTO -- rank: 742

... DWI). The trial judge separately found him guilty of violating N.J.S.A. 39:3-40 (failure to yield to a pedestrian in a crosswalk) and ... IV THE SENTENCING COURT ERRED IN FAILING TO MERGE THE N.J.S.A. 39:3-40 CONVICTION INTO THE N.J.S.A. 2C:40-26 ... defendant's convictions, we agree that defendant's conviction under N.J.S.A. 39:3-40 should merge into his conviction for violating N.J.S ...

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

52 STATE OF NEW JERSEY v. DAVI F. KANE -- rank: 742

... to the lesser charge of driving on the suspended list, N.J.S.A. 39:3-40. Defendant contends that her former counsel, who arranged the plea ... 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 ... actually prejudiced" by the withdrawal of her guilty plea to N.J.S.A. 39:3-40. It is readily apparent, as a matter of law, that ...

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

53 STATE OF NEW JERSEY v. SUZANNE SYLVESTER -- rank: 740

... BY THE STATE THAT HER ACTIONS WERE IN VIOLATION OF N.J.S.A. 39:3-40 ONLY, NOT THE INDICTABLE OFFENSE OF N.J.S.A ... under Title 39 of driving while her license was suspended. N.J.S.A. 39:3-40. 3 We do not know the underlying legal basis relied ...

docket:	a5192-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-10
status:	unpublished
citation:	437 N.J.Super. 1 96 A.3d 256
Document Size:	28781

54 STATE OF NEW JERSEY v. WAYNE KACZOWSKI -- rank: 729

... N.J.S.A. 39:4-50, driving while suspended, N.J.S.A. 39:3-40, and improper display of plates, N.J.S.A. 39 ... relating to the jury trial or his conviction for violating N.J.S.A. 39:3-40. Rather, 7 A-2399-16T2 he appeals the denial of ...

docket:	a2399-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-21
status:	unpublished
citation:
Document Size:	53777

55 STATE OF NEW JERSEY v. RYAN S. ROBERTS -- rank: 729

... 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 ... was also issued motor vehicle summonses for driving while revoked, N.J.S.A. 39:3-40; unlicensed driver, N.J.S.A. 39:3- 10; and ...

docket:	a0042-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-05
status:	Unpublished
citation:
Document Size:	34919

56 STATE OF NEW JERSEY v. CHRISTOPHER CARRIGAN -- rank: 716

... as to a motor vehicle violation of driving while suspended, N.J.S.A. 39:3-40. Defendant was sentenced to eighteen months in prison subject to ... 1] POINT II THE SENTENCE IMPOSE[D] BELOW ON THE N.J.S.A. 39:3-40 OFFENSE WAS ILLEGAL AND MUST BE VACATED AND THE MOTOR ... cannot lawfully be re-sentenced under the enhancement provisions of N.J.S.A. 39:3-40 [(f)](2)[] because of the N.J.S.A. 2C ... conviction, [and he] submits that the conviction for violation of N.J.S.A. 39:3- 40 must be reversed and the summons issued dismissed.' Defendant cites ... of a sentencing transcript, 'assum[ing] the judge merged the N.J.S.A. 39:3-40 conviction into the N.J.S.A. 2C:40-26 ...

docket:	a1252-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-10
status:	Unpublished
citation:
Document Size:	24251

57 STATE OF NEW JERSEY v. LORI SHARP -- rank: 710

... four times of driving when her license was suspended (DWS), N.J.S.A. 39:3-40. 2 On August 24, 2011, defendant was charged with her ... 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 ... 4a] and the actor had previously been convicted of violating [ N.J.S.A. ] 39:3-40 while under suspension for that first offense. A person convicted ... 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 ...

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

58 STATE OF NEW JERSEY v. MICHAEL W. KERR -- rank: 710

... a period of license suspension for a third violation of N.J.S.A. 39:3-40, a fourth-degree offense, N.J.S.A. 2C:40 ... 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 ... 4a and the actor has previously been convicted of violating [ N.J.S.A. ] 39:3-40 while under suspension for that first offense. A person convicted ... 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 ...

docket:	a1436-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-25
status:	unpublished
citation:
Document Size:	22027

59 STATE OF NEW JERSEY v. LUIS M. OLIVA -- rank: 708

... 40-26(b), and to driving with a suspended license, N.J.S.A. 39:3-40. His application for pretrial intervention (PTI) was denied. Defendant's ... with motor vehicle summonses for driving with a suspended license, N.J.S.A. 39:3-40, and for failure to surrender a suspended license, N.J ... 40-26(b) and to driving with a suspended license, N.J.S.A. 39:3-40.3 He was sentenced on the fourth-degree offense to ...

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

60 STATE OF NEW JERSEY v. JOHN TORRES -- rank: 702

... State v. Zalta was Misplaced, As Zalta Pertains Exclusively to N.J.S.A. 39:3-40, a Title 39 Motor Vehicle Regulation, Rather Than the Indictable ... 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 ...

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