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211 STATE OF NEW JERSEY v. JUDITH RUSSO -- rank: 536

... Judith Russo appeals her convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50, and refusal to submit to breath tests, N.J.S.A. 39:4-50.2 (collectively, the charges). On appeal, she argues: POINT I ... CONVICTION FOR REFUSING TO SUBMIT TO THE ALCOTEST, PURSUANT TO N.J.S.A. 39:4- 50.4, SHOULD BE REVERSED AND DISMISSED. We find defendant's ... to sustain a 15 A-0866-16T1 refusal conviction, citing N.J.S.A. 39:4-50.2(e) and N.J.S.A. 39:4-50.4a(a), held: (1) the arresting officer had probable cause ...

docket:	a0866-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-22
status:	unpublished
citation:
Document Size:	73830

212 STATE OF NEW JERSEY v. CARLY A. WOODWARD -- rank: 536

... A. Woodward, appeals her convictions of driving while intoxicated ("DWI"), N.J.S.A. 39:4-50, and refusing to submit to a breathalyzer test, N.J.S.A. 39:4-50.2. After fully considering the points raised on appeal, we ... breathalyzer test. He read defendant the standard statement prescribed by N.J.S.A. 39:4-50.2, outlining the consequences of a refusal to submit to ... BEYOND A REASONABLE DOUBT. POINT III PROOF OF GUILT UNDER [ N.J.S .A. ] 39:4-50.4a REQUIRES PRIOR IMPLIED CONSENT; PROOF OF IMPLIED CONSENT UNDER [ N.J.S .A. ] 39:4-50.2 IS ESTABLISHED ONLY UPON PROOF BEYOND A REASONABLE DOUBT OF OPERATION. POINT IV GUILT UNDER [ N.J.S .A. ] 39:4-50.4a REQUIRES PROOF THAT THE IMPLIED CONSENT WARNINGS WERE ...

docket:	a0460-07
court:	NJ Superior Court Appellate Division
decided:	2008-11-19
status:	unpublished
citation:
Document Size:	40743

213 STATE OF NEW JERSEY v. JAMES H. KIM, JR -- rank: 536

... Municipal Court, defendant pled guilty to driving while intoxicated (DWI), N.J.S.A. 39:4-50. Defendant's license was suspended for three months and he ... twenty years old at the time, received summonses for DWI, N.J.S.A. 39:4-50; careless driving, N.J.S.A. 39:4-97; and ... in the record to factually support defendant's conviction under N.J.S.A. 39:4-50 because 'the record is devoid of any credible evidence that ... impaired during the morning in question.' Defendant misses the point. N.J.S.A. 39:4-50 does not require that the State prove that defendant was ... alcohol in the defendant’s blood . . . ' is guilty of DWI. N.J.S.A. 39:4-50(a). Defendant's blood alcohol level was .09. Defendant admitted ... factual basis established the elements of the crime of DWI, N.J.S.A. 39:4- - 50. Accordingly, we conclude that defendant has failed to establish ...

docket:	a1723-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-15
status:	Unpublished
citation:
Document Size:	29379

214 STATE OF NEW JERSEY v. AMY LOCANE -- rank: 536

... BAC was at or above the .08 level found in N.J.S.A. 39:4-50. This procedure, as the trial judge found during the remand ... the Legislature even made driving with a license suspended under N.J.S.A. 39:4-50, a fourth-degree offense under certain circumstances, and imposed a ...

docket:	a1990-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-23
status:	published
citation:	454 N.J.Super. 98 184 A.3d 495
Document Size:	147759

215 STATE OF NEW JERSEY v. LAURA MORAN -- rank: 536

... for first offense and one-year suspension for subsequent offenses); N.J.S.A. 39:4-50 (person convicted of driving while intoxicated subject to suspensions ranging ...

docket:	a3810-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-28
status:	published
citation:	408 N.J. Super. 412 975 A.2d 480
Document Size:	86487

216 WENDY ZUIDEMA et al. v. JAMES J. PEDICANO, M.D. et al. -- rank: 533

... driving while intoxicated. The conviction marked his third violation of N.J.S.A. 39:4-50.     In the Law Division, defendant moved for summary judgment, claiming ... pleads guilty to, operating a motor vehicle in violation of [ N.J.S.A. 39:4-50 — driving under the influence], or a similar statute from any ... alcohol level was .16, double the current legal limit. See N.J.S.A. 39:4-50(a).     That these factors could conceivably be found to constitute ...

docket:	a3867-02
court:	njappellate
decided:	2004-11-24
status:	published
citation:	373 N.J. Super. 114
Document Size:	27850

217 STATE OF NEW JERSEY v. ALMON TAYLOR, JR -- rank: 533

... also received motor vehicle citations for driving while intoxicated (DWI), N.J.S.A. 39:4-50, and reckless driving, N.J.S.A. 39:4-96 ... conviction as a second offense for purposes of sentencing. See N.J.S.A. 39:4-50(a)(3) (providing that "if a third offense occurs more ... purposes"). Thus, a two-year license suspension was mandated under N.J.S.A. 39:4-50(a)(2). In determining to sentence defendant to the maximum ... address separate social harms." He explained that the DWI statute, N.J.S.A. 39:4-50, "reflects a policy judgment by the [L]egislature that driving ... 410 N.J. Super. 389 , 400 (App. Div. 2009). Under N.J.S.A. 39:4-50, DWI requires proof that an individual was operating a motor ...

docket:	a0711-12
court:	NJ Superior Court Appellate Division
decided:	2013-05-30
status:	unpublished
citation:
Document Size:	23981

218 STATE OF NEW JERSEY v. KEVIN P. CASEY -- rank: 533

... Department issued summonses to defendant for driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusal to take a breath test, N.J.S.A. 39:4-50.2; failure to maintain motor vehicle insurance coverage, N.J ...

docket:	a5089-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-11
status:	unpublished
citation:
Document Size:	23001

219 STATE OF NEW JERSEY v. FRANK J. BARNES -- rank: 531

... for seven months, imposed the appropriate fines and penalties under N.J.S.A. 39:4-50, and stayed the sentence pending defendant's appeal. On November ... 205 (2003), a case that also involved a charge under N.J.S.A. 39:4-50. In Golotta , Defendant filed a motion to suppress the results ... police had probable cause to arrest him for violation of N.J.S.A. 39:4-50. "[T]he yardstick for making [an] arrest for driving while ... the driver was operating a motor vehicle in violation [of N.J.S.A. 39:4-50]." State v. Moskal , 246 N.J. Super. 12 , 21 (App ... that there was probable cause to believe defendant was violating N.J.S.A. 39:4-50. "[I]t is not essential to sustain the charge that ... All of these circumstances demonstrate that defendant was probably violating N.J.S.A. 39:4-50 and justified the decision to arrest him. We therefore ...

docket:	a5293-06
court:	njappellate
decided:	2008-02-29
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	51374

220 STATE OF NEW JERSEY v. ANDRZEJ J. DABEK -- rank: 531

... Law Division finding him guilty of driving under the influence, N.J.S.A. 39:4- 50, after conducting a de novo review of the record developed ... tablets of Lunesta' that day. III. Defendant was convicted under N.J.S.A. 39:4-50 of 'operat[ing] a motor vehicle while under the influence ... narcotic, hallucinogenic or habit-producing drug[s]' in violation of N.J.S.A. 39:4-50.' The Court based its conclusion on the arresting officer's ... be proved by expert opinion' to support a conviction under N.J.S.A. 39:4-50. Cases with similar fact patterns have considered a wide variety ... Division judge found, 'beyond a reasonable doubt, that defendant violated N.J.S.A. 39:4-50 by operating his motor vehicle under the influence of alcohol ... of intoxicating liquor, narcotic, hallucinogenic or habit - producing drug[s].' N.J.S.A. 39:4-50. V. Defendant also argues that the municipal and Law ...

docket:	a2157-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-30
status:	Unpublished
citation:
Document Size:	31731

221 STATE OF NEW JERSEY v. HOWARD BONGIORNO -- rank: 531

... defendant Howard Bongiorno was convicted of driving while intoxicated (DWI), N.J.S.A. 39:4-50, based upon an excessive blood alcohol concentration (BAC) shown by ... found not guilty of DWI under the subjective prong of N.J.S.A. 39:4-50, and the State did not challenge that determination. We affirm ... defendant was found not guilty under the subjective prong of N.J.S.A. 39:4-50, we need not discuss what happened on the roadway. Rather ... could not be convicted of a per se violation of N.J.S.A. 39:4-50. The municipal court found that Officer Lanfrank's testimony was ... judge found defendant guilty of a per se violation of N.J.S.A. 39:4-50, and guilty of tailgating. On appeal to the Law Division ... and defendant was guilty of a per se violation of N.J.S.A. 39:4-50, and guilty of tailgating. The judge imposed the same ...

docket:	a4842-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-16
status:	unpublished
citation:
Document Size:	19224

222 STATE OF NEW JERSEY v. JACK CORDERO, JR -- rank: 531

... plea to his third conviction of driving while intoxicated (DWI), N.J.S.A. 39:4-50. He contends he should have been sentenced in accord with ... served performing community service[.] [ L. 2002, c. 34, § 17 ( N.J.S.A. 39:4-50(a)(2), (3)).] A person who has been convicted of violating [ N.J.S.A. ] 39:4-50 . . . and in pursuance thereof has been imprisoned in a county ... to notify defendants of the consequences of additional DWI convictions, N.J.S.A. 39:4-50(c), and the relevant notification provision has been included in N.J.S.A. 39:4-50 since at least December 1997. When a defendant is sentenced ... suspension from Wall Township. By law, suspensions must be consecutive. N.J.S.A. 39:4-50(a)(3). Instead of twelve consecutive years without a ...

docket:	a0690-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-14
status:	unpublished
citation:
Document Size:	17989

223 STATE OF NEW JERSEY v. JOHN A. JEDRA -- rank: 529

... content (BAC), he was charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50 and given a summons for reckless driving, N.J.S ... WHILE UNDER THE INFLUENCE IN VIOLATION OF, AND REQUIRED BY N.J.S.[A.] 39:4-50(A), OR ASSUMING ARGUENDO THAT THE STATE PROVED THE ELEMENT ... alcohol in the defendant's blood' is guilty of DWI. N.J.S.A. 39:4-50(a). 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 and 39:4-50.1, when, in that condition, he ...

docket:	a1154-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-29
status:	Unpublished
citation:
Document Size:	20186

224 STATE OF NEW JERSEY v. NDERIM AMETI -- rank: 529

... was arrested by Lincoln Park police and charged with DWI, N.J.S.A. 39:4-50, possession of marijuana, N.J.S.A. 2C:35-10a ... THAT THE DEFENDANT OPERATED A MOTOR VEHICLE IN VIOLATION OF N.J.S.A. 39:4-50. II. THE FIELD SOBRIETY TESTS ADMINISTERED TO THE DEFENDANT WERE ... of his operation of the motor vehicle, as required by N.J.S.A. 39:4-50(a). We disagree. N.J.S.A. 39:4-50(a) pertains to "a person who operates a vehicle while ... more than .10% and conviction without proof of BAC. See N.J.S.A. 39:4-50(a). Because defendant was found guilty of the same underlying ... argument that the implied consent law regarding providing breath samples, N.J.S.A. 39:4-50.2(a), did not apply to him because he ...

docket:	a4169-08
court:	NJ Superior Court Appellate Division
decided:	2010-06-23
status:	unpublished
citation:
Document Size:	55726

225 MITCHELL E. LEVINE v. STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DIVISION OF MOTOR VEHICLES -- rank: 527

... P.J.A.D.     This appeal involves the interpretation of N.J.S.A. 39:4-50. The Division reads See footnote 1 1 and relies on ... 262 N.J. Super. 375 , 382 (App. Div. 1993):             That N.J.S.A. 39:4-50.4a includes the number 50 in its compilation or citation ... 34.4 essentially repeats the statutory language. Footnote: 3      3 N.J.S.A. 39:4-50.4a was enacted by L. 1981, c. 512 § 2. Its ...

docket:	A2505-99
court:	NJ Superior Court Appellate Division
decided:	2001-03-13
status:	published
citation:	338 N.J. Super. 28
Document Size:	12341