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 Results for ("N.J.S.A. 39:4-50")   121 to 135 of 1368 results. Run time: 0.477 seconds | Search time: 0.470 seconds    
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121 STATE OF NEW JERSEY v. KAREN WEIL -- rank: 596
... scant. On October 25, 1994, defendant pled guilty to DWI, N.J.S.A. 39:4-50, in Wayne Township (Wayne) Municipal Court, for an incident occurring ... court judge sentenced defendant as a third offender pursuant to N.J.S.A. 39:4-50(a)(3), but stayed the mandatory six-month custodial sentence ... be imposed for a second-time offender is 90 days, N.J.S.A. 39:4-50(a)(2), whereas the minimum jail sentence for a third-time offender is 180 days, N.J.S.A. 39:4-50(a)(3). Thus, a step-down custodial sentence for a ...
docket: a5999-09
court: NJ Superior Court Appellate Division
decided: 2011-07-05
status: published
citation: 421 N.J. Super. 121 22 A.3d 983
Document Size: 39405
122 /usr/local/share/www/libweb/collections/courts/appellate/a5042-11xx.opn.html -- rank: 594
... second appeal challenges his conviction of driving while intoxicated (DWI), N.J.S.A. 39:4-50, entered by the Law Division. After careful review, we affirm ... N.J.S.A. 39:4-97 (careless driving) and N.J.S.A. 39:4-50 (DWI), and was involved in an accident resulting in "death ... the State proved a "per se" violation of DWI, under N.J.S.A. 39:4-50(a), based upon defendant's BAC of .146. He also ... THE STANDARD OF PROOF TO ESTABLISH GUILT OR [INNOCENCE] OF N.J.S.A. 39:4-50 IS BY THE PREPONDERANCE OF EVIDENCE OR BEYOND A REASONABLE ... of the evidence standard, determined defendant was not guilty of N.J.S.A. 39:4-50; whereas the municipal court judge, using the higher standard of ... defendant's .146 BAC established a per se violation under N.J.S.A. 39:4-50(a). State v. Howard , 383 N.J. Super. 538 , ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 47343
123 NEW JERSEY MOTOR VEHICLE COMMISSION v. JOHN W. WANECK -- rank: 594
... second appeal challenges his conviction of driving while intoxicated (DWI), N.J.S.A. 39:4-50, entered by the Law Division. After careful review, we affirm ... N.J.S.A. 39:4-97 (careless driving) and N.J.S.A. 39:4-50 (DWI), and was involved in an accident resulting in "death ... the State proved a "per se" violation of DWI, under N.J.S.A. 39:4-50(a), based upon defendant's BAC of .146. He also ... THE STANDARD OF PROOF TO ESTABLISH GUILT OR [INNOCENCE] OF N.J.S.A. 39:4-50 IS BY THE PREPONDERANCE OF EVIDENCE OR BEYOND A REASONABLE ... of the evidence standard, determined defendant was not guilty of N.J.S.A. 39:4-50; whereas the municipal court judge, using the higher standard of ... defendant's .146 BAC established a per se violation under N.J.S.A. 39:4-50(a). State v. Howard , 383 N.J. Super. 538 , ...
docket: a0843-11
court: NJ Superior Court Appellate Division
decided: 2014-08-15
status: unpublished
citation:
Document Size: 48002
124 STATE OF NEW JERSEY v. MARK DAVID CARLSON -- rank: 594
... Mark Carlson appeals his conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, after a trial de novo in the Law Division. After ... received traffic summonses for driving under the influence of alcohol, N.J.S.A. 39:4-50, driving under the influence in a school zone, N.J.S.A. 39:4-50(g), failure to keep right, N.J.S.A. 39 ... DWI charges. The court found a per se violation of N.J.S.A. 39:4-50 based solely on the Alcotest BAC reading of .13. The ... trial. Consequently, the judge found defendant guilty of DWI under N.J.S.A. 39:4-50 and imposed the same sentence as the municipal court. Defendant ... New Jersey that a defendant charged with a violation of N.J.S.A. 39:4-50 has no right to a jury trial. State v. ...
docket: a0772-10
court: NJ Superior Court Appellate Division
decided: 2011-09-14
status: unpublished
citation:
Document Size: 57792
125 KRISTA L. HALEY v. NEW JERSEY MOTOR VEHICLE COMMISSION - -- rank: 592
... third and fourth convictions for driving while intoxicated (DWI) under N.J.S.A. 39:4-50 as then enacted. Contending a driver's license was necessary ... No Rational Basis. 1. The Valid Public Policy Concerns Within N.J.S.A. 39:4-50 Are Not At Issue. 2. New Jersey is an Outlier ... ODL. Substantively, Haley contended the change in mandatory penalties under N.J.S.A. 39:4-50 following her convictions supported her request for an ODL with ... the issuance of ODLs. Notwithstanding the mandatory license suspension under N.J.S.A. 39:4-50(a)(3), Haley nonetheless contends the MVC is authorized to ... of Haley's sentencing on her third and fourth DWIs, N.J.S.A. 39:4-50(a)(3) (2014) mandated a term of imprisonment of 'not ... interlock device. Four years later in 2019, the Legislature amended N.J.S.A. 39:4-50. Relevant here, the mandatory forfeiture of a driver's ...
docket: a3284-19
court: NJ Superior Court Appellate Division
decided: 2021-03-05
status: Unpublished
citation:
Document Size: 21011
126 STATE OF NEW JERSEY v. SCOTT CAMPBELL -- rank: 592
... In this appeal of his drunk driving ("DWI") conviction under N.J.S.A. 39:4-50(a), defendant presents a novel constitutional argument. He challenges the ... treatment of a BAC at or above .08 percent under N.J.S.A. 39:4-50(a), combine to create an unfair and constitutionally invalid situation ... a level over the .08 percent limit set forth in N.J.S.A. 39:4-50(a). Defendant was arrested and charged with DWI, N.J.S.A. 39:4-50; 3 reckless driving, N.J.S.A. 39:4-96 ... offense beyond a reasonable doubt. II. The opening portion of N.J.S.A. 39:4-50(a) specifies four distinct alternative grounds for finding a motorist ... subject [to the various discrete penalties enumerated in the statute.] [ N.J.S.A. 39:4-50(a) (emphasis added).] The constitutional issues now before us ...
docket: a5535-12
court: NJ Superior Court Appellate Division
decided: 2014-06-27
status: published
citation: 436 N.J.Super. 264 93 A.3d 416
Document Size: 33538
127 Caviglia v. Royal Tours of America -- rank: 592
... pleads guilty to, operating a motor vehicle in violation of [ N.J.S.A. 39:4-50, -50.4a], or a similar statute from any other jurisdiction ...
docket: a-72-02
court: njsupreme
decided: 2004-02-19
status:
citation: 178 N.J. 460
Document Size: 73987
128 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the STATE OF NEW JERSEY v. AMY BLOODWORTH -- rank: 590
... following a trial de novo, for driving while intoxicated (DWI), N.J.S.A. 39:4- 50, and for refusal to submit a breath test, N.J.S.A. 39:4-50.4a. Having considered defendant's argument in light of the ... processed without further incident and charged with driving while intoxicated, N.J.S.A. 39:4-50; refusal to submit a breath test, N.J.S.A. 39:4-50.4a; possession of an open alcoholic beverage in a motor ... 543 (App. Div. 1995)). The term 'operates' as used in N.J.S.A. 39:4-50(a) has been broadly interpreted. State v. Tischio, 107 N ... under the influence of intoxicating liquor, within the meaning of N.J.S.A. 39:4-50 . . . when, in that condition, he enters a stationary vehicle, ...
docket: a2570-15
court: NJ Superior Court Appellate Division
decided: 2017-11-03
status: unpublished
citation:
Document Size: 44692
129 STATE OF NEW JERSEY v. NICOLE ALLAN -- rank: 590
... Defendant was charged in Sea Bright with driving while intoxicated, N.J.S.A. 39:4-50 (DWI); refusal to submit a breath sample, N.J.S.A. 39:4-50.2 (refusal); and reckless driving, N.J.S.A. 39 ... Vehicle Commission Standard Statement for Operators of a Motor Vehicle, N.J.S.A. 39:4-50.2(e) (Standard Statement). Fisler testified that prior to reading ... following argument for our consideration: THE ALLEGATION THAT DEFENDANT VIOLATED N.J.S.A. 39:4-50.2 CANNOT BE SUBSTANTIATED BY THE EVIDENCE PRESENTED BELOW, THEREBY ... 366 , 378 (1995). Under New Jersey's Implied Consent Law, N.J.S.A. 39:4-50.2, "[a]ny person who operates a motor vehicle on ... blood[.]" Failure of a person to act in accordance with N.J.S.A. 39:4-50.2 can result in prosecution for refusing to submit ...
docket: a5507-10
court: NJ Superior Court Appellate Division
decided: 2012-09-12
status: unpublished
citation:
Document Size: 21988
130 STATE OF NEW JERSEY v. STEVEN RIZZITELLO -- rank: 585
... to participate in the various alcohol addiction programs provided under N.J.S.A. 39:4-50(b) and (f). According to his MVC driver abstract, defendant ... or revocation was for a second or subsequent violation of N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4a. To establish culpability under N.J.S.A. 2C ... aspect of the statutory penalties imposed by the court under N.J.S.A. 39:4-50(b). Second, defendant’s alcohol addiction did not play any ... supra , 221 N.J. at 627. Reversed and remanded. 1 N.J.S.A. 39:4-50. 2 N.J.S.A. 39:4-50(a)(3). 3 A person convicted of DWI for ...
docket: a0536-15
court: NJ Superior Court Appellate Division
decided: 2016-09-20
status: published
citation: 447 N.J.Super. 301 147 A.3d 480
Document Size: 41398
131 STATE OF NEW JERSEY v. RICHARD CAMPBELL January 13, 2014 -- rank: 585
... refusal to submit to a breath test in violation of N.J.S.A. 39:4-50.2, and was sentenced as a "second offender," N.J.S.A. 39:4-50.4a, by the municipal judge to a $756 fine, $33 ... prior conviction was in 2008 for driving while intoxicated (DWI), N.J.S.A. 39:4-50. Defendant appealed his sentence to the Law Division renewing his ... UNDER THE INFLUENCE OF ALCOHOL OR DRUGS IN VIOLATION OF N.J.S.A. 39:4-50 ENHANCE A SUBSEQUENT CONVICTION FOR A VIOLATION OF N.J.S.A. 39:4-50.2 REFUSAL TO SUBMIT TO A BREATH TEST, EVEN THOUGH ... Ciancaglini considered whether a defendant previously convicted of refusal under N.J.S.A. 39:4-50.4a, should be sentenced as a first or second ...
docket: a3153-11
court: NJ Superior Court Appellate Division
decided: 2013-08-14
status: unpublished
citation:
Document Size: 10016
132 STATE OF NEW JERSEY v. BRUCE ZOPPY -- rank: 585
... the influence of a narcotic, hallucinogenic or habit-producing drug, N.J.S.A. 39:4-50(a). Defendant was sentenced to an eight-month loss of ... a reasonable doubt and, thereby, to sustain a conviction under N.J.S.A. 39:4-50." State v. Bealor , 187 N.J. 574 , 577 (2006). We ... BURDEN OF PROOF, BEYOND A REASONABLE DOUBT, THAT ZOPPY VIOLATED N.J.S.A. 39:4-50. A. The Trial Court Erred Where it Found That the ... a Determination of Concentration, Constituted a Per Se Violation Of N.J.S.A. 39:4-50. E. The Trial Court Erred by Accepting the "Testing" Advanced ... Scientific Weight and is Insufficient to Find a Violation of N.J.S.A. 39:4-50. F. The Trial Court Erred by Finding that the State ...
docket: a4177-12
court: NJ Superior Court Appellate Division
decided: 2014-04-15
status: unpublished
citation:
Document Size: 43306
133 STATE OF NEW JERSEY v. PHILIP BERTRAND -- rank: 585
... defendant was found guilty of refusal to provide breath samples, N.J.S.A. 39:4-50.2. He has appealed from that conviction. The State has ... with an attorney. He was then charged with violating both N.J.S.A. 39:4-50, driving while intoxicated, and N.J.S.A . 39:4-50.2, refusing to provide breath samples. At the conclusion of ... actual operation of a vehicle is not an element of N.J.S.A. 39:4-50, and the refusal statute, N.J.S.A. 39:4-50.2. The former speaks simply of operating a motor vehicle ... to believe" that the individual has been driving while intoxicated. N.J.S.A. 39:4-50, it is immaterial where an individual operates a motor ...
docket: a2378-07
court: NJ Superior Court Appellate Division
decided: 2009-08-03
status: published
citation: 408 N.J. Super. 584 975 A.2d 967
Document Size: 40132
134 STATE OF NEW JERSEY v. JANET MANISERA -- rank: 585
... Law Division found her guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, her third DWI conviction; refusal to submit to a breath test, N.J.S.A. 39:4-50.4a; and the petty disorderly persons offense of improper behavior ... Standard Statement for Operators of a Motor Vehicle [pursuant to] N.J.S.A. 39:4-50.2(e)," effective April 26, 2004, which advised her that ... influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug . . . ." N.J.S.A. 39:4-50. Although defendant denied driving the car when at the scene ... and (4) defendant thereafter refused to submit to the test. N.J.S.A . 39:4-50.2(e), 39:4-50.4a(a); [ State v. Wright ... Marquez , 202 N.J. 485 , 503 (2010) (emphasis added).] Specifically, N.J.S.A. 39:4-50.2(e) requires the police to "inform the person ...
docket: a0491-13
court: NJ Superior Court Appellate Division
decided: 2015-06-19
status: unpublished
citation:
Document Size: 39963
135 State v. Julie L. Michaels -- rank: 583
... indicted on charges of second-degree vehicular homicide while intoxicated, N.J.S.A. 39:4-50, N.J.S.A. 2C:11-5 (count one); third-degree assault by auto while intoxicated, N.J.S.A. 39:4-50, N.J.S.A. 2C:12-1(c)(2) (count ...
docket: A-69-12
court: NJ Supreme Court
decided: 2014-08-06
status:
citation: 219 N.J. 1 95 A.3d 648
Document Size: 221417
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