Search Rutgers Law Library N.J. Court Opinions

301 STATE OF NEW JERSEY v. LLOYD FURBERT -- rank: 486

... Furbert appeals his conviction for driving while intoxicated, contrary to N.J.S.A. 39:4-50. We affirm the conviction, but remand for re-sentencing. I ... a trial de novo. He found Furbert guilty of violating N.J.S.A. 39:4-50. He entered an order "affirming" the judgment of the municipal ... STATE FAILED TO PROVE AN "UNDER THE INFLUENCE" VIOLATION OF N.J.S.A. 39:4-50 BEYOND A REASONABLE DOUBT THROUGH THE USE OF ADMISSIBLE AND ... THE STATE FAILED TO PROVE A PER SE VIOLATION OF N.J.S.A. 39:4-50 BEYOND A REASONABLE DOUBT THROUGH THE USE OF ADMISSIBLE AND ...

docket:	a0474-08
court:	superior court appellate division
decided:	2010-03-15
status:	unpublished
citation:
Document Size:	51608

302 State of New Jersey v. Olga Hrycak -- rank: 486

... Reiner , the question was whether the heightened penalties contained in N.J.S.A . 39:4-50(g), applicable upon conviction of a second DWI offense within ... third-time offender under the Driving While Intoxicated (DWI) statute, N.J.S.A. 39:4-50, when one of the prior convictions was uncounseled. The Municipal ... offender. I.     Defendant was charged with DWI, in violation of N.J.S.A. 39:4-50, on September 28, 2002. She also had been convicted of ... served participating in a drug or alcohol inpatient rehabilitation program . . . .” N.J.S.A. 39:4-50(a)(3)(Supp. 2004). This archive is a service of ...

docket:	a-18-04
court:	njsupreme
decided:	2005-07-20
status:
citation:	184 N.J. 351
Document Size:	43767

303 STATE OF NEW JERSEY v. MICHAEL CARRERO -- rank: 486

... court in Toms River Township with driving while intoxicated ("DWI"), N.J.S.A. 39:4-50; reckless driving, N.J.S.A. 39:4-96; failure ... charged in Stafford Township by the State Police with DWI, N.J.S.A. 39:4-50. Baluski apparently failed an Alcotest administered at the Bass River ... to test the BAC of persons who have allegedly violated N.J.S.A. 39:4-50. Chun , supra , 194 N.J. at 65. As the Supreme ...

docket:	a3232-11
court:	New Jersey Superior Court Appellate Division
decided:	2012-10-23
status:	Published
citation:	428 N.J.Super. 495 54 A.3d 318
Document Size:	56134

304 STATE OF NEW JERSEY VS. JAMIE CATELLI -- rank: 486

... December 2015, defendant was charged with driving while intoxicated ('DWI'), N.J.S.A. 39:4-50; reckless driving, N.J.S.A. 39:4-96; and failure to install an interlock device, N.J.S.A. 39:4-50.19(a). In January 2016, defendant appeared in court and ...

docket:	a1763-22
court:	appellate
decided:	2024-04-22
status:	Unpublished
citation:
Document Size:	42170

305 STATE OF NEW JERSEY v. ANTHONY S. GENTILELLO -- rank: 486

... count of third-degree possession of a controlled dangerous substance, N.J.S.A. 39:4-50, and reckless driving, N.J.S.A. 39:4-96 ... the driver was operating a motor vehicle in violation [of N.J.S.A. 39:4-50]." Strelecki v. Coan , 97 N.J. Super. 279 , 284 (App ... that a defendant was driving while intoxicated in violation of N.J.S.A. 39:4-50 "shall give rise to an inference that the defendant was ...

docket:	A0671-04
court:	NJ Superior Court Appellate Division
decided:	2005-10-21
status:	unpublished
citation:
Document Size:	94128

306 STATE OF NEW JERSEY v. MARK W. MACLAY -- rank: 486

... his arrest and conditional plea to driving under the influence, N.J.S.A. 39:4-50. We reverse and remand. I. Defendant was arrested and charged ... justify a stop that led to a conviction for violating N.J.S.A. 39:4-50. Golotta , supra , 178 N.J. at 209. Failure to maintain ... facts leading to a reasonable inference of a violation of N.J.S.A. 39:4-50. Contrary to the State's argument, Amelio and Golotta do ... the report to the police of the suspected violation of N.J.S.A. 39:4-50. This archive is a service of Rutgers School of Law ...

docket:	a4542-10_1
court:	NJ Superior Court Appellate Division
decided:	2012-02-22
status:	unpublished
citation:
Document Size:	66781

307 STATE OF NEW JERSEY v. EDWARD E. LAWRENCE -- rank: 486

... to withdraw his guilty plea to driving while intoxicated (DWI), N.J.S.A. 39:4-50, and sentencing defendant as a second offender. 1 We affirm ... not have been sentenced as a second offender pursuant to N.J.S.A. 39:4-50(a)(3). We remand only for resentencing as a first ... valid breath sample, defendant was charged with DWI and refusal, N.J.S.A. 39:4-50.2. 2 He pled guilty to DWI, admitting that he ... because his last conviction occurred more than ten years earlier. N.J.S.A. 39:4-50(a)(3). Defendant sought a trial de novo before the ... We have previously held that both Laurick relief and the N.J.S.A. 39:4-50(a)(3) step-down provision must be afforded defendants. State ...

docket:	a0752-12
court:	NJ Superior Court Appellate Division
decided:	2013-08-27
status:	unpublished
citation:
Document Size:	14680

308 STATE OF NEW JERSEY v. YOSHINORI KAWASHIMA -- rank: 484

... Kawashima appeals from his conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50. Defendant, a first-offender, was sentenced to attend the Intoxicated ... NOT UNDER THE INFLUENCE OF INTOXICATING LIQUOR AS PROSCRIBED BY N.J.S. [A.] 39:4-50. III. THE MUNICIPAL COURT JUDGE'S FAILURE TO RECUSE HIMSELF ... are based upon the $100 penalty that is mandated by N.J.S.A. 39:4-50.8 when a defendant is convicted of violating N.J.S.A. 39:4-50. Defendant claims that the municipal court erred in precluding his ... to establish the essential elements essential for a conviction under N.J.S.A. 39:4-50 without reference to the Alcotest results. Accordingly, there is no ...

docket:	a4052-08
court:	superior court appellate division
decided:	2010-02-11
status:	Unpublished
citation:
Document Size:	48020

309 STATE OF NEW JERSEY v. CHARLENE CURRAN -- rank: 484

... for refusal to submit to a breath test contrary to N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4a. 1 Defendant entered a conditional guilty plea in municipal ... for both the refusal charge and driving while intoxicated (DWI), N.J.S.A. 39:4-50, while preserving her right to appeal the municipal court's ... to submit to the test upon request of the officer[.] [ N.J.S.A. 39:4-50.4a(a).] Although the refusal statute sets forth a standard ... Although defendant's conviction lists only the implied consent statute, N.J.S.A. 39:4-50.2, a refusal charge necessarily implicates both the implied consent statute, and the refusal statute, N.J.S.A. 39:4-50.4a, as they "not only cross-reference one another ...

docket:	a3848-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-17
status:	unpublished
citation:
Document Size:	19379

310 STATE OF NEW JERSEY v. SEAN BRENNAN -- rank: 484

... after a trial de novo of driving while intoxicated (DWI), N.J.S.A. 39:4-50, and reckless driving, N.J.S.A. 39:4-96 ... well above the legal limit. Brennan was charged with DWI, N.J.S.A. 39:4-50, and reckless driving, N.J.S.A. 39:4-96 ... statute based solely on the officers' observations. 'A violation of N.J.S.A. 39:4-50[] may be proven 'through either of two alternative evidential methods ... Kashi, 360 N.J. Super. 538, 545 (App. Div. 2003)). N.J.S.A. 39:4-50(a) prohibits operating a motor vehicle under the influence of ...

docket:	a1951-20
court:	NJ Superior Court Appellate Division
decided:	2023-07-24
status:	Unpublished
citation:
Document Size:	32901

311 STATE OF NEW JERSEY v. SEAN COURTER -- rank: 484

... 39:4-96; refusal to submit to an alcohol test, N.J.S.A. 39:4-50.2; driving while intoxicated, N.J.S.A. 39:4-50; failure to comply with directions of officers, N.J.S ... 4-57; driving while intoxicated 1000 feet from a school, N.J.S.A. 39:4-50.6; and creating risk of an accident, N.J.S ...

docket:	a3481-15
court:	NJ Superior Court Appellate Division
decided:	2018-09-17
status:	Unpublished
citation:
Document Size:	74380

312 STATE OF NEW JERSEY v. KEVIN LANGAN -- rank: 484

... him guilty of driving while intoxicated (DWI) in violation of N.J.S.A. 39:4-50. 1 For the reasons that follow, we affirm. I . The ... for a per se violation for driving while intoxicated under N.J.S.A. 39:4-50(a)(2). Defendant's girlfriend testified on his behalf at ... The State failed to prove [d]efendant's guilt of [ N.J.S.A. ] 39:4-50, because post-operation consumption was clearly established. A. The Law ... B. Post-operation alcohol consumption is a valid defense to N.J.S.A. 39:4-50 when established by credible evidence in the record. II . On ... 17% and established a per se offense of DWI under N.J.S.A. 39:4-50. State v. Sorensen , 439 N.J. Super. 471 , 477 (App ...

docket:	a4770-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-01
status:	unpublished
citation:
Document Size:	26435

313 STATE OF NEW JERSEY v. GARY M. ROSELLI -- rank: 484

... from his de novo conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50. 1 Defendant argues that his conviction should be vacated because ... REASONABLE DOUBT THAT DEFENDANT OPERATED HIS CAR IN VIOLATION OF N.J.S.A. 39:4-50. POINT II DEFENDANT'S CONSTITUTIONAL RIGHT TO A SPEEDY TRIAL ... Ebert , 377 N.J. Super. 1 , 10 (App. Div. 2005), N.J.S.A. 39:4-50, the drunk driving statute, applies to "a person who operates ...

docket:	a4856-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-23
status:	unpublished
citation:
Document Size:	36544

314 STATE OF NEW JERSEY v. VINCENT G. SANBORN, IV -- rank: 484

... 19, 2005 order finding him guilty of a violation of N.J.S.A. 39:4-50 (driving under the influence of narcotics) and N.J.S ... of the municipal court and finding defendant guilty of violating N.J.S.A. 39:4-50 and N.J.S.A. 39:3-40, imposed the ... for purposes of submission to the sobriety test required by N.J.S.A. 39:4-50.4a." State v. Mulcahy , 107 N.J. 467 , 479 (1987 ... 330. The Supreme Court reversed and reiterated its interpretation of N.J.S.A. 39:4-50 that it adopted in State v. Tamburro , 68 N.J ...

docket:	A2155-05
court:	NJ Superior Court Appellate Division
decided:	2006-10-02
status:	unpublished
citation:
Document Size:	97586

315 STATE OF NEW JERSEY v. EDWARD DUDA -- rank: 481

... following motor vehicle offenses: driving while intoxicated (DWI), contrary to N.J.S.A. 39:4-50; unsafe lane change, contrary to N.J.S.A. 39 ... CAN ESTABLISH PROBABLE CAUSE TO ARREST A DEFENDANT FOR VIOLATING N.J.S.A. 39:4-50. POINT II THE LOWER COURT'S HOLDING THAT SUFFICIENT PROBABLE CAUSE EXISTED TO ARREST THE DEFENDANT FOR VIOLATING N.J.S.A. 39:4-50 WAS NOT SUPPORTED BY CREDIBLE EVIDENCE IN THE RECORD. We ... with a blood alcohol concentration of 0.08% or more . . . ." N.J.S.A. 39:4-50(a). Defendant contests the Law Division's decision that the ... was operating a motor vehicle in violation of this section. [ N.J.S.A. 39:4-50(a)(3) (emphasis added).] Finally, the court found defendant's ...

docket:	a4373-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-07
status:	unpublished
citation:
Document Size:	22568