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361 STATE OF NEW JERSEY v. ROBERT VAN PELT -- rank: 463

... was stopped for motor vehicle violations and charged with: DWI, N.J.S.A. 39:4-50; reckless driving, N.J.S.A. 39:4-96; careless ... Slater analysis is unnecessary.' Tate, 220 N.J. at 404. N.J.S.A. 39:4-50(a) defines a DWI offender as '[a] person who operates ...

docket:	a1016-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-06
status:	Unpublished
citation:
Document Size:	22244

362 STATE OF NEW JERSEY v. JOSEPH M. TOMZA -- rank: 463

... 2018, defendant was arrested and charged with driving while intoxicated, N.J.S.A. 39:4-50; driving while intoxicated in a school zone, N.J.S.A. 39:4-50(g); reckless driving, N.J.S.A. 39:4-96 ... defendant entered a conditional guilty plea to driving while intoxicated, N.J.S.A. 39:4-50, in exchange for the State's agreement to dismiss the ...

docket:	a4581-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-12
status:	Unpublished
citation:
Document Size:	29016

363 STATE OF NEW JERSEY v. MICHAEL A. PANICHELLA -- rank: 463

... Panichella's 1986 guilty plea to driving while intoxicated (DWI), N.J.S.A. 39:4-50, "shall not be considered a prior conviction for the purposes ... to the minimum 180-day period of incarceration mandated by N.J.S.A. 39:4-50(a)(3) in the event of a third conviction. 1 ... first time offender for the purposes of sentencing in 2008. N.J.S.A. 39:4-50(a). 2 Panichella was twenty at the time of the ...

docket:	a2328-12
court:	NJ Superior Court Appellate Division
decided:	2014-01-22
status:	unpublished
citation:
Document Size:	20577

364 STATE OF NEW JERSEY v. JOHN B. RIVERA -- rank: 463

... offenses and motor vehicle violations, including driving while intoxicated, (DWI), N.J.S.A. 39:4-50(a); reckless driving, N.J.S.A. 39:4-96 ... that because his second DWI conviction mandated community service under N.J.S.A. 39:4-50(a)(2) (requiring a thirty-day period of community service ...

docket:	a3223-20
court:	NJ Superior Court Appellate Division
decided:	2023-08-14
status:	Unpublished
citation:
Document Size:	58234

365 STATE OF NEW JERSEY VS. WONGYU JANG, ET AL. -- rank: 463

... a March 2, 2023 conviction for driving while intoxicated ('DWI'), N.J.S.A. 39:4-50; refusal to submit to a breath test, N.J.S.A. 39:4-50.2, -50.4a; and careless driving (agricultural or recreational property ...

docket:	a2054-22a2412-22
court:	appellate
decided:	2024-04-02
status:	Published
citation:
Document Size:	21577

366 STATE OF NEW JERSEY v. LUCIA POLITO -- rank: 463

... defendant Lucia Polito was convicted of driving while intoxicated (DWI), N.J.S.A. 39:4-50(a). Because this was defendant's second DWI conviction, the ... tests, well above the 0.08% BAC legal limit. See N.J.S.A. 39:4-50(a). After considering all of the evidence submitted during the ... that defendant drove her vehicle while intoxicated in violation of N.J.S.A. 39:4-50(a).1 This appeal followed. On appeal, defendant raises the ...

docket:	a1175-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-04
status:	unpublished
citation:
Document Size:	20536

367 STATE OF NEW JERSEY v. MIRAJ PATEL -- rank: 461

... of driving while under the influence of intoxicating liquor (DUI), N.J.S.A. 39:4-50. Having considered defendant's arguments in light of the facts ...

docket:	a1683-14
court:	New Jersey Superior Court Appellate Division
decided:	2016-02-02
status:	Published
citation:
Document Size:	68030

368 State v. Carlos B. Green -- rank: 461

... 0.210% at the time of the accident. Pursuant to N.J.S.A. 39:4-50, a person who operates a motor vehicle with a BAC ... 0.210% at the time of the accident. Pursuant to N.J.S.A. 39:4-50, a person 2 who operates a motor vehicle with a ...

docket:	a-39-17
court:	NJ Supreme Court
decided:	2018-11-28
status:
citation:	236 N.J. 71 197 A.3d 1136
Document Size:	39721

369 State of New Jersey v. Bruno Gibson -- rank: 461

... convicted of driving under the influence (DUI), in violation of N.J.S.A. 39:4-50. At trial, the conviction was entered solely on the basis ... subdue defendant. Defendant was charged with DUI, in violation of N.J.S.A. 39:4-50, reckless driving, in violation of N.J.S.A. 39 ... State failed to prove beyond reasonable doubt that defendant violated N.J.S.A. 39:4-50. III. A. We begin with some basic principles. “A ...

docket:	A-11-13
court:	NJ Supreme Court
decided:	2014-09-16
status:
citation:	219 N.J. 227 98 A.3d 519
Document Size:	83237

370 STATE OF NEW JERSEY v. FRANCIS SCHWENDIMAN -- rank: 461

... the judge was free to impose sentence in accordance with N.J.S.A. 39:4-50 as it existed in 1998, i.e., when the offense ... that community service was discretionary under the 1998 version of N.J.S.A. 39:4-50. The Law Division judge ordered further briefing and reserved decision ... vacated. This appeal ensued. II. In 1998, in relevant part, N.J.S.A. 39:4-50 provided that For a third or subsequent violation, a person ... sentencing alternative did not exist under the 1993 version of N.J.S.A. 39:4-50, we concluded, "[j]ust as the 1993 DWI statute applies ... i]t is abundantly clear [] that the enhanced penalties of N.J.S.A. 39:4-50 must be imposed at sentencing on entry of a second ...

docket:	a4403-07
court:
decided:	2009-05-07
status:	Unpublished
citation:
Document Size:	33830

371 STATE OF NEW JERSEY v. STANLEY BUTLER -- rank: 461

... A. 39:3-40; refusal to submit to breath testing, N.J.S.A. 39:4-50.4a; failure to maintain a lane, N.J.S.A ... record provided ample evidence supporting defendant's conviction for DWI. N.J.S.A. 39:4-50(a) prohibits the operation of a motor vehicle under the ... reasonable doubt and in convicting defendant of driving while intoxicated, N.J.S.A. 39:4-50. Defendant's remaining arguments lack sufficient merit to warrant discussion ...

docket:	a1098-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-21
status:	Unpublished
citation:
Document Size:	24139

372 STATE OF NEW JERSEY v. HENRY MAREK -- rank: 461

... his conviction for refusing to submit to a breathalyzer test, N.J.S.A. 39:4-50.4a, after a trial de novo in the Law Division ... Garofolo should not have used his prior DWI convictions under N.J.S.A. 39:4-50.4a, when this was his first conviction for refusal. Defendant ... 96 (2005), where the Court held that "for prosecutions under N.J.S.A. 39:4-50.4a, the State must prove the statutory elements of a ... him with refusing to submit to a breathalyzer test, citing N.J.S.A. 39:4-50.2. The statute cited, however, is the statute pursuant to ... to submit to a breathalyzer test is set forth in N.J.S.A. 39:4-50.4a. We note that defendant did not raise the issues ...

docket:	a3285-04
court:	njappellate
decided:	2006-03-09
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	27498

373 STATE OF NEW JERSEY v. HERIBERTO VALEDON -- rank: 461

... Heriberto Valedon appeals from his driving while intoxicated (DWI) conviction, N.J.S.A. 39:4-50, in the municipal court, and again on appeal in the ... the penalty that's applicable under the first tier of [ N.J.S.A. ] 39:4-50. Defendant was sentenced pursuant to N.J.S.A. 39:4-50(a)(2) as a second time offender to a two ... discussion in this opinion. R. 2:11-3(e)(2). N.J.S.A. 39:4-50(a) prohibits the operation of a motor vehicle under the ... and had recently "operated" the vehicle within the meaning of N.J.S.A. 39:4-50(a) when he pulled over to the side of the ...

docket:	a2209-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-10
status:	unpublished
citation:
Document Size:	18428

374 STATE OF NEW JERSEY v. JOSEPH PETERS -- rank: 459

... Law Division found defendant guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, and found defendant failed to present a prima facie case ... N.J. Super. 34, 48 (App. Div. 2011) (recognizing that N.J.S.A. 39:4-50 may be proven through observation or by proof of a ... found defendant guilty of DWI under the observational prong of N.J.S.A. 39:4- 50(a). See Zeikel, 423 N.J. Super. at 48. Defendant ...

docket:	a2211-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-06
status:	Unpublished
citation:
Document Size:	30523

375 STATE OF NEW JERSEY v. WILLIAM E. NAZARIO -- rank: 459

... suspended or revoked for a second or subsequent violation of [ N.J.S.A. ] 39:4-50. . . ." The statute provides that: "[a] person convicted of an offense ... defendants convicted of a third or subsequent driving while intoxicated, N.J.S.A. 39:4-50, into their work release programs, while his county did not ... that the judge's refusal to allow work release because N.J.S.A. 39:4-50(a)(3) did not expressly permit it as an alternative ... serve 180 consecutive days as a third-time offender under N.J.S.A. 39:4-50, as opposed to serving the time through the Sheriff's ... be served "in a drug or alcohol inpatient rehabilitation program . . . ." N.J.S.A. 39:4-50(a)(3). This archive is a service of Rutgers School ...

docket:	a3062-13
court:	NJ Superior Court Appellate Division
decided:	2014-07-25
status:	unpublished
citation:
Document Size:	15572