Search Rutgers Law Library N.J. Court Opinions

271 STATE OF NEW JERSEY v. RICARDO PLUMMER -- rank: 499

... Division, defendant was convicted of driving while under the influence, N.J.S.A. 39:4-50(a), his second such offense. At trial, Police Officer Paul ... of ADHD and not any of the substances described in N.J.S.A. 39:4-50(a). Defendant was convicted in municipal court of violating N.J.S.A. 39:4-50(a), which prohibits operation of a motor vehicle "while under ... under the influence of one of the substances described in N.J.S.A. 39:4-50(a). To be sure, because defendant was not under the ... habit-producing drug." Ibid. Our Supreme Court has held that N.J.S.A. 39:4-50(a) "does not require that the particular narcotic be identified ... and was, thus, a substance falling within the parameters of N.J.S.A. 39:4-50(a). Affirmed. 1 There is no dispute that defendant ...

docket:	a4570-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-17
status:	unpublished
citation:
Document Size:	15118

272 STATE OF NEW JERSEY v. TIMOTHY SECK -- rank: 499

... 4-96; refusal to consent to take samples of breath, N.J.S.A. 39:4-50.2; and refusal to submit to a chemical test, N.J.S.A. 39:4-50.4a. We affirm. I On December 12, 2015, Boonton Police ... 4-96; refusal to consent to take samples of breath; N.J.S.A. 39:4-50.2; refusal to submit to a 2 A-1544-16T1 chemical test, N.J.S.A. 39:4-50.4a; DWI, N.J.S.A. 39:4-50; and DWI in a school zone; N.J.S.A. 39:4-50(g)(1). The Boonton Municipal Court held a trial ...

docket:	a1544-16
court:	NJ Superior Court Appellate Division
decided:	2018-08-30
status:	Unpublished
citation:
Document Size:	8477

273 STATE OF NEW JERSEY v. OMAR GASSAMA -- rank: 499

... arrested in Hammonton and charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusal to submit to a chemical breath test (refusal), N.J.S.A. 39:4-50.4a; refusal to consent to the taking of breath samples, N.J.S.A. 39:4-50.2; unsafe lane change, N.J.S.A. 39:4 ... even silence, constitutes refusal, in applying the implied consent statute, N.J.S.A. 39:4-50.2(a).' See, e.g., State v. Widmaier, 157 N ...

docket:	a0971-18
court:	NJ Superior Court Appellate Division
decided:	2019-06-10
status:	Unpublished
citation:
Document Size:	21799

274 MICHAEL LANG v. CITY OF JERSEY CITY DEPUTY POLICE -- rank: 497

... of Captain Cowan, charged plaintiff with driving while intoxicated (DWI), N.J.S.A. 39:4-50. Plaintiff was transported from the BP station to the police ... was charged with refusal to submit to a breath test, N.J.S.A. 39:4-50.2. The male assailant was charged with simple assault. In ... a motor vehicle while under the influence of intoxicating liquor.' N.J.S.A. 39:4-50(a). That statute does not require a driver to be ...

docket:	a0654-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-04
status:	unpublished
citation:
Document Size:	117126

275 STATEOF NEW JERSEY v. ERICK P. UZCATEGUI -- rank: 497

... 3 At sentencing, the judge found defendant guilty of DWI, N.J.S.A. 39:4-50, and reckless driving, N.J.S.A. 39:4-96 ... by recklessly operating a motor vehicle while in violation of N.J.S.A. 39:4-50 (DWI), thereby causing Marles's death. N.J.S.A. 39:4-50 in turn makes it unlawful for a person to 'operate ...

docket:	a4388-14
court:	NJ Superior Court Appellate Division
decided:	2018-03-13
status:	unpublished
citation:
Document Size:	143209

276 STATE OF NEW JERSEY v. KOLE AKINOLA -- rank: 497

... plea entered in municipal court for driving while intoxicated (DWI), N.J.S.A. 39:4-50, and the refusal to submit to a breathalyzer test, N ... Standard Statement for Operators of a Motor Vehicle (standard statement), N.J.S.A. 39:4-50.2(e). Defendant did not respond to the officer's ... processed and charged with the following motor vehicle offenses: DWI, N.J.S.A. 39:4-50; refusal to submit to a breathalyzer test, N.J.S.A. 39:4-50.2; leaving the scene of an accident, N.J.S ...

docket:	a0166-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-02
status:	unpublished
citation:
Document Size:	31028

277 /usr/local/share/www/libweb/collections/courts/trial/trial_court_squibs.opn.html -- rank: 495

... the court imposes at least the mandatory custodial term under N.J.S.A. 39:4-50. 12-17-10 COMMUNICATIONS WORKERS OF AMERICA, ET ALS. V ... for a person whose license has been suspended for violating N.J.S.A. 39:4-50 be served in a Sheriff’s Labor Assistance Program (S ... at which time, defendant entered a guilty plea to violating N.J.S.A. 39:4-50. The guilty plea was entered with the caveat of a ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	76360

278 STATE OF NEW JERSEY v. DEBORAH HARRIS -- rank: 495

... of refusal to submit to a breath test contrary to N.J.S.A. 39:4- -50.4a. We affirm. The procedural history and facts of this ... the influence (DUI). The officer then arrested defendant for DUI, N.J.S.A. 39:4- 50, and transported her to the police station in Ocean City ... of refusing to take the breath test in violation of N.J.S.A. 39:4- -50.4a. In so ruling, the judge considered and rejected defendant ... of refusal to provide a breath test. The refusal statute, N.J.S.A. 39:4-50.4a(a), provides: The municipal court shall determine by a ... station to another and, after she was charged with violating N.J.S.A. 39:4-50.4a, indicated that she understood her Miranda rights and exercised ...

docket:	a5499-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-26
status:	Unpublished
citation:
Document Size:	24274

279 STATE OF NEW JERSEY v. DOMENICK V. DIMINNI -- rank: 495

... 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 ... from defendant. Consistent with the implied consent and refusal laws, N.J.S.A. 39:4-50.2 and -50.4a, Sgt. Giansanti read to defendant the ... as if you had been convicted of a violation of N.J.S.A. 39:4-50, or you will be subject to penalties for your failure ... cause, not to establish prima facie proof of intoxication. 4 N.J.S.A. 39:4-50.17, which requires the installation of an interlock device for ...

docket:	a0624-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-02
status:	unpublished
citation:
Document Size:	17629

280 KENNETH XHERAJ v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 495

... was not for an offense "substantially similar" to DWI under N.J.S.A. 39:4-50. He argues that his New York offense involved a blood ... 1983)). At the same time, we recognized in Zeikel that N.J.S.A. 39:4-50(a)(3) establishes an affirmative defense by which a New ... a proscribed blood alcohol concentration of less than 0.08%. [ N.J.S.A. 39:4-50(a)(3).] In Zeikel , supra , 423 N.J. Super. at ... is substantially similar to New Jersey's unified DWI statute, N.J.S.A. 39:4-50, which covers all three types of offenses addressed by the ... BAC of less than .08%. The affirmative defense provided by N.J.S.A. 39:4-50(a)(3) requires "clear and convincing evidence" that the New ...

docket:	a2125-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-09
status:	unpublished
citation:
Document Size:	16101

281 STATE OF NEW JERSEY v. RAMON A. RODRIGUEZ-ALEJO -- rank: 495

... Ramon A. Rodriguez-Alejo was charged with driving while intoxicated, N.J.S.A. 39:4-50; refusal to submit to a breath test, N.J.S.A. 39:4-50.2; possession of an open container in a motor vehicle ... the Director of the Division of Motor Vehicles pursuant to N.J.S.A. 39:4-50.2(e), revised and effective April 26, 2004, read as ... as if you had been convicted of a violation of N.J.S.A. 39:4-50, or you will be subject to penalties for failure to ...

docket:	a0815-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-25
status:	published
citation:	419 N.J. Super. 33 15 A.3d 876
Document Size:	41470

282 STATE OF NEW JERSEY v. DOUGLAS CIRLIN -- rank: 495

... Cirlin appeals from his conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50. Defendant was initially found guilty in the Verona Municipal Court ... The State Has Failed To Show That The Defendant Violated N.J.S.A. 39:4-50 By Failing To Introduce Evidence That Defendant Was Under The ... the influence of . . . [a] narcotic, hallucinogenic or habit-producing drug," N.J.S.A. 39:4-50, i.e., being under the influence of a drug that ... 6, the State has failed to show that defendant violated N.J.S.A. 39:4-50. This argument was rejected by the Supreme Court in State ... clear the purposes of the two statutes are quite different. N.J.S.A. 39:4-50 seeks to prevent the operation of motor vehicles by those ... suppression of illegal traffic in narcotic drugs. Thus, in enacting N.J.S.A. 39:4-50, the legislative concern was not with the specific type ...

docket:	a4079-07
court:	superior court appellate division
decided:	2009-10-01
status:	Unpublished
citation:
Document Size:	40255

283 STATE OF NEW JERSEY v. THOMAS J. WOLFE -- rank: 495

... se violation of the prohibition against driving while intoxicated (DWI), N.J.S.A. 39:4-50. 2 He was sentenced to the minimum mandatory penalties for a second offender pursuant to N.J.S.A. 39:4-50(a)(2). 3 Defendant unsuccessfully sought to block admission of ... BAC of .12 percent, evidence of a per se violation. N.J.S.A. 39:4-50(a). Within a week of the arrest, defense counsel requested ... he was only guilty of the per se portion of N.J.S.A. 39:4-50, not the observational portion of the statute, if the AIR ...

docket:	a0416-12
court:	NJ Superior Court Appellate Division
decided:	2013-06-28
status:	published
citation:	431 N.J.Super. 356 69 A.3d 164
Document Size:	25758

284 STATE OF NEW JERSEY v. RAFFAELLO FERRUCCI -- rank: 493

... Ferrucci appeals his conviction for driving while intoxicated, contrary to N.J.S.A. 39:4-50. We affirm. I. On August 10, 2006, at approximately 10 ... arrest for driving while under the influence in violation of N.J.S.A. 39:4-50, and other offenses not relevant to this appeal. He appeared ... of Wellbutrin. Nevertheless, Judge Dangler found Ferrucci guilty of violating N.J.S.A. 39:4-50 with respect to his consumption of alcohol. In reaching his ... with Wellbutrin, but I certainly find the intoxicating liquor under N.J.S.A. 39:4-50 BEYOND A REASONABLE DOUBT. A. THE OPERATIVE LAW. B. THE ... the tests. Consequently, we affirm Ferrucci's conviction for violating N.J.S.A. 39:4-50, which penalizes "a person who operates a motor vehicle while ...

docket:	a0472-08
court:	superior court appellate division
decided:	2010-03-03
status:	unpublished
citation:
Document Size:	51132

285 STATE OF NEW JERSEY v. STEPHEN A. ADRIAN -- rank: 493

... a motor vehicle while under the influence of alcohol (DWI), N.J.S.A. 39:4-50. The Law Division judge imposed the same sentence for a ... DWI under both the per se and subjective prongs of N.J.S.A. 39:4-50. He found defendant not guilty of the other motor vehicle ... its burden of proof under the per se prong of N.J.S.A. 39:4-50. However, Judge Austin found defendant guilty based upon the officer's observations, i.e., the subjective prong of N.J.S.A. 39:4-50. The judge commented on the fact that no field sobriety ... vehicle under the influence of intoxicating liquor as prohibited by N.J.S.A. 39:4-50. Rather, the court should examine the totality of the circumstances ... influence of alcohol: an accident that caused property damage, see N.J.S.A. 39:4-50 (property damage in accident is factor for police to ...

docket:	A1412-06
court:	NJ Superior Court Appellate Division
decided:	2008-02-21
status:	unpublished
citation:
Document Size:	44566