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 Results for ("N.J.S.A. 39:4-50")   106 to 120 of 1368 results. Run time: 0.814 seconds | Search time: 0.807 seconds    
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106 STATE OF NEW JERSEY v. JOAN BULLOCK -- rank: 610
... Bullock appeals from her convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50, and refusal to submit to a breath test, N.J.S.A. 39:4-50.4(a). For the reasons that follow, we affirm. We ... Vehicle Commission Standard Statement for Operators of a Motor Vehicle, N.J.S.A. 39:4-50.2(e). Patrolman Tomaszewski explained that he delivered the Standard ... at 162. New Jersey's implied consent law, codified at N.J.S.A. 39:4-50.2, reads in relevant part: (a) Any person who operates ... operating a motor vehicle in violation of the provisions of [ N.J.S.A. 39-4:50].... [ N.J.S.A. 39:4-50.2(a).] Moreover, the statute requires that police officers ...
docket: a2451-12
court: NJ Superior Court Appellate Division
decided: 2014-07-09
status: unpublished
citation:
Document Size: 25365
107 MATTHEW ROBINSON v. PEDRO PACHECO, et al. -- rank: 610
... trial court concluded that plaintiff's action was barred by N.J.S.A. 39:4-50.2, rather than N.J.S.A. 39:4-50.4a, which is the statutory provision relating to a motor ... obligation to submit to a blood alcohol test referenced in N.J.S.A. 39:4-50.2 provides in pertinent part: (a) Any person who operates ... violation of the provisions of R.S. 39:4-50 . N.J.S.A. 39:4-50.4a provides in pertinent part: a. Except as provided in ... in which case the revocation shall be for ten years. N.J.S.A. 39:4-50.4a also sets forth the fines that must be imposed ... s refusal to submit to a blood alcohol test. Thus, N.J.S.A. 39:4-50.2 does not set forth any motor vehicle violation; ...
docket: A3854-05
court: NJ Superior Court Appellate Division
decided: 2007-03-13
status: unpublished
citation:
Document Size: 24113
108 STATE OF NEW JERSEY v. LORI YAKITA -- rank: 608
... arrested in Absecon and charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50, and refusal to submit to a chemical breath test (refusal), N.J.S.A. 39:4-50.4a. In May 2017, the municipal court conducted a one ... SINCE THE DEFENDANT WAS ACQUITTED OF DWI IN VIOLATION OF N.J.S.A. 39:4-50 IN THE MUNICIPAL COURT BELOW BECAUSE THE STATE DID NOT ... DOUBT THERETO, DEFENDANT'S CONVICTION FOR REFUSAL IN VIOLATION OF N.J.S.A. 39:4- 50.4A MUST BE REVERSED BY THE APPELLATE DIVISION SINCE THE ... POINT III DEFENDANT'S CONVICTION FOR REFUSAL IN VIOLATION OF N.J.S.A. 39:4-50.4a SHOULD BE REVERSED AND REMANDED FOR A NEW TRIAL ... you again, will you submit to breath testing? 1 See N.J.S.A. 39:4-50.2(e), providing in pertinent part: No chemical test . . . ...
docket: a2589-17
court: NJ Superior Court Appellate Division
decided: 2019-05-29
status: Unpublished
citation:
Document Size: 21815
109 /usr/local/share/www/libweb/collections/courts/trial/state-v-henry.opn.html -- rank: 608
... second-offender under the so-called “step down” provision. N.J.S.A. 39:4-50(a)(3). The municipal court sentenced defendant to sixty days ... maximum fine of $1000, the range being $500 to $1000. N.J.S.A. 39:4-50(a)(2). Before hearing this municipal appeal, this court obtained ... incarcerate at all in the case of first offenders. See N.J.S.A. 39:4-50(a)(1)(i) and (ii) (allowing for first offender ... to impose a jail term of up to ninety days. N.J.S.A. 39:4-50(a)(2) (stating that second offenders “shall be sentenced ... suspended or served on probation, nor more than 90 days”); N.J.S.A. 39:4-50(a)(3) (stating that that imprisonment for first or second ... half of that to be served in in-patient treatment. N.J.S.A. 39:4-50(a)(3). The Criminal Code requires a sentencing court ...
docket: State-v-Henry
court: NJ Superior Court Law/Chancery Division
decided: 0000-00-00
status:
citation:
Document Size: 50412
110 STATE OF NEW JERSEY v. MARY STICKEL -- rank: 608
... to vacate a 1996 conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50. We affirm. Given the passage of time, the record of ... by the Borough of Fair Lawn Police Department with DWI, N.J.S.A. 39:4-50, careless driving, N.J.S.A. 39:4-97, and ... the then prevailing provisions for a first time offender under N.J.S.A. 39:4-50, including suspending defendant's driving privileges for a period of ... returned to the municipal court the official notice required under N.J.S.A. 39:4-50(a), apprising her of the legal ramifications of her conviction ... as a basis to enhance the penalties called for under N.J.S.A. 39:4-50 for a subsequent DWI conviction. Defendant explained the basis for ... a plea to driving under the influence in violation of N.J.S.A. 39:4-50. At the time of the plea, to the best ...
docket: a1113-11
court: NJ Superior Court Appellate Division
decided: 2012-05-23
status: unpublished
citation:
Document Size: 30858
111 STATE OF NEW JERSEY v. JENNIFER BISCO -- rank: 608
... she had been found guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50. 1 As a result of a plea agreement, defendant entered ... driving while suspended as a result of a violation of N.J.S.A. 39:4-50). At the trial de novo, the Law Division judge concluded ... opinion, the judge relied on the original legislative formulation of N.J.S.A. 39:4-50(a)(3), which purported to criminalize third offense DWI charges ... a defendant sentenced as a DWI third offender pursuant to N.J.S.A. 39:4-50(a)(3). We found that a labor-assistance program, such ... our conclusion in Luthe that the analogous reference found in N.J.S.A. 39:4-50(a)(3), to service of a sentence "in a county ... jail or workhouse" from mandatory incarceration including that language, compare N.J.S.A. 39:4-50(a)(3) and the same statute before the 2004 ...
docket: a6229-09
court: NJ Superior Court Appellate Division
decided: 2011-07-01
status: unpublished
citation:
Document Size: 16786
112 STATE OF NEW JERSEY v. WILLIAM YUENGLING -- rank: 605
... convicted for the third time of driving while intoxicated (DWI), N.J.S.A. 39:4-50. He was also convicted of refusal to provide a breath sample (refusal), N.J.S.A. 39:4-50.2; failure to exhibit insurance, N.J.S.A. 39 ... BAC) was 0.141 percent, a per se DWI violation. N.J.S.A. 39:4-50(a). Defendant testified and presented several witnesses to prove that ... convicted of allowing Putz to drive while intoxicated pursuant to N.J.S.A. 39:4-50(a). Ibid. The Law Division, in its trial de novo ... his blood[.]" Id. at 279 (second alteration in original) (quoting N.J.S.A. 39:4-50.2(a)). The fact that in this particular case the ... the consequences of refusing to submit to such test . . . .'" (citing N.J.S.A. 39:4-50.4a)). 5 Ortiz later signed a consent form, which ...
docket: a0437-11
court: NJ Superior Court Appellate Division
decided: 2013-03-04
status: unpublished
citation:
Document Size: 48453
113 STATE OF NEW JERSEY v. JULIAN REY-ARANGO -- rank: 605
... in the Elizabeth Municipal Court of driving while intoxicated (DWI), N.J.S.A. 39:4-50. Following a trial de novo in the Law Division, he was again found guilty. As a first offender under N.J.S.A. 39:4-50(a)(1)(ii), defendant was sentenced to participate for twelve ... LAW DIVISION ERRED IN FINDING THE DEFENDANT GUILTY OF VIOLATING N.J.S.A. 39:4-50, BECAUSE THE STATE FAILED TO PROVE THE PER SE VIOLATION ... However, we remand to the Law Division for resentencing under N.J.S.A. 39:4-50(a)(1)(i). I. The State developed the following proofs ... Brown , 118 N.J. 595 , 604 (1990). "[A] violation of N.J.S.A. 39-4.50(a), may be proven 'through either of two alternative evidential ... results are admissible to support a per se violation of N.J.S.A. 39:4-50. Chun , supra , 194 N.J. at 65. As a ...
docket: a4034-10
court: NJ Superior Court Appellate Division
decided: 2012-10-26
status: unpublished
citation:
Document Size: 35159
114 STATE OF NEW JERSEY v. PETER RUSCHMANN -- rank: 603
... appeals from his sixth conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, following a trial in the Law Division. On appeal, defendant ... the penalties for a third-time or subsequent offender under N.J.S.A. 39:4-50. The court stayed the incarceration portion of defendant's sentence ... was not eligible for the "step-down" provision provided in N.J.S.A. 39:4-50(a)(3). The judge ordered the same sentence as defendant ... from a DWI conviction escalate with each subsequent DWI conviction. N.J.S.A. 39:4-50. A first-time offender may "in the discretion of the ... a term of imprisonment of not more than 30 days...." N.J.S.A. 39:4-50(a)(1)(i) and (ii). A second offender is exposed ... less than 48 consecutive hours...nor more than 90 days...." N.J.S.A. 39:4-50(a)(2). For a third or subsequent offense, the ...
docket: a0527-12
court: NJ Superior Court Appellate Division
decided: 2014-08-11
status: unpublished
citation:
Document Size: 25199
115 STATE OF NEW JERSEY v. THOMAS DONNELLY -- rank: 603
... his challenge to the imposition of incarceration penalties, pursuant to N.J.S.A. 39:4-50(a)(3), following his guilty plea to a fifth driving while intoxicated (DWI) offense, N.J.S.A. 39:4-50. Defendant argues two prior offenses were uncounseled and, most likely ... a period of incarceration, the custodial term set forth in N.J.S.A. 39:4-50(a)(2), must be imposed. The facts providing context for ... State v. Revie , 220 N.J. 126 , 128 (2014) (citing N.J.S.A. 39:4-50(a)(3)).] On appeal, defendant again argues his second-offense ... driver's license[,]" which "constitutes an administrative penalty imposed by N.J.S.A. 39:4-50(a)." Id. at 140 n.4. See also State v ... used to enhance the DWI administrative penalties set forth in N.J.S.A. 39:4-50(a)). Consequently, the number of prior DWI violations actually ...
docket: a5041-13
court: NJ Superior Court Appellate Division
decided: 2016-01-12
status: unpublished
citation:
Document Size: 23575
116 State v. Scott Robertson -- rank: 601
... seven months, the minimum period for a first offender under N.J.S.A. 39:4-50(a)(1)(ii). Upon defendant’s request and without objection ... again, the State must carry the burden of proof under N.J.S.A. 39:4-50 beyond a reasonable doubt. If convicted at the Law Division ... of .13 percent, which is above the legal limit. See N.J.S.A. 39:4-50. As a result, the officer issued summonses for DWI, ibid ... seven months, the minimum period for a first offender under N.J.S.A. 39:4-50(a)(1)(ii). Defense counsel asked the court to stay ... again, the State must carry the burden of proof under N.J.S.A. 39:4-50 beyond a reasonable doubt. See Kuropchak , supra , 221 N.J ... time the trial de novo takes place. See, e.g. , N.J.S.A. 39:4-50(a)(1)(i) (imposing license suspension of three months ...
docket: A-58-14
court: NJ Supreme Court
decided: 2017-03-08
status:
citation: 228 N.J. 138 155 A.3d 571
Document Size: 76423
117 STATE OF NEW JERSEY v. WILLIAM T. BARFUSS -- rank: 599
... vacate his guilty plea to Driving Under the Influence (DUI), N.J.S.A. 39:4-50. Defendant contends that he should be allowed to vacate the ... received three traffic tickets on December 15, 2005, for DUI, N.J.S.A. 39:4-50, Careless Driving, N.J.S.A. 39:4-97 and ... specifically that he had operated a vehicle as required by N.J.S.A. 39:4-50. On April 26, 2010, the municipal judge denied the motion ... factual basis for a guilty plea under the DUI statute. N.J.S.A. 39:4-50 defines someone driving while under the influence as: a person ... more by weight of alcohol in the defendant's blood. [ N.J.S.A. 39:4-50(a).] Our Supreme Court has espoused a broad reading of the terms of N.J.S.A. 39:4-50 in order to effectuate legislative intent. State v. Tischio , ...
docket: a3696-10
court: NJ Superior Court Appellate Division
decided: 2012-07-18
status: unpublished
citation:
Document Size: 29133
118 STATE OF NEW JERSEY v. ROBERT SLIZEWSKI -- rank: 599
... read his Miranda rights and the DWI Standard Statement under N.J.S.A. 39:4-50.4a. Defendant agreed to submit to a breathalyzer test. Officer ... the driver was operating a motor vehicle in violation [of N.J.S.A. 39:4-50].'" Moskal , supra , 246 N.J. Super. at 21 (quoting Strelecki ... while under the influence of intoxicating liquor' in violation of N.J.S.A. 39:4-50 . . . ." State v. Bealor , 187 N.J. 574 , 585 (2006). When ... In finding defendant guilty under the per se prong of N.J.S.A. 39:4-50, the Law Division judge stated that it was within his ... ways to prove a defendant guilty of DWI pursuant to N.J.S.A. 39:4-50: "proof of a defendant's physical condition or proof of ... form the basis of a conviction for a violation of N.J.S.A. 39:4-50. Ibid. See also Chun , supra , 194 N.J. at ...
docket: a3408-07
court: superior court appellate division
decided: 2010-04-29
status: Unpublished
citation:
Document Size: 76727
119 STATE OF NEW JERSEY v. ANNE SHEARMAN -- rank: 596
... of driving while under the influenceof intoxicating liquor (DUI), N.J.S.A. 39:4-50; refusal to submit to a chemical breath test, N.J.S.A. 39:4-50.2; and related motor vehicle violations. Defendant's seven-month ... THE CHARGES SHOULD HAVE BEEN DISMISSED. V. THE CHARGE UNDER N.J.S.A. 39:4-50.2e/39:4-50.4a (SUMMONS NO. 72778) SHOULD BE ... s decision, the Law Division found defendant guilty of DUI, N.J.S.A. 39:4-50; and refusal to submit to a chemical breath test, N.J.S.A. 39:4-50.4a. The court grounded its finding of DUI on defendant ... chemical breath test. To sustain a conviction for refusal under N.J.S.A. 39:4-50.4a, the State must prove the following beyond a ...
docket: a1780-13
court: NJ Superior Court Appellate Division
decided: 2015-12-21
status: unpublished
citation:
Document Size: 55083
120 /usr/local/share/www/libweb/collections/courts/appellate/a2506-17.opn.html -- rank: 596
... was convicted of refusal to submit to a breath test, N.J.S.A. 39:4-50.4a; and failure to maintain a lane, N.J.S ... 88(b). She was acquitted of driving while intoxicated (DWI), N.J.S.A. 39:4-50; and reckless driving, N.J.S.A. 39:4-96 ... State v. Marquez, 202 N.J. 485, 503 (2010) (citing N.J.S.A. 39:4-50.2(e); N.J.S.A. 39:4-50.4a(a); State v. Wright, 107 N.J. 488, 490 ... evidence present in the record. Under the implied consent statute, N.J.S.A. 39:4-50.2(a), each motorist using the public roads in the ... requested to do so will be charged with refusal under N.J.S.A. 39:4-50.4a, triggering a mandatory suspension of the motorist's ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 24372
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