Swish-e home page Search Rutgers Law Library N.J. Court Opinions


Limit search to:
Sort by:
Limit to:
    through    
 Results for ("N.J.S.A. 39:4-50")   61 to 75 of 1368 results. Run time: 0.776 seconds | Search time: 0.769 seconds    
 Page:1 2 3 4 5 6 7 8 9 10 92 Previous 15 Next 15
61 /usr/local/share/www/libweb/collections/courts/appellate/a2536-13.opn.html -- rank: 659
... days under certain circumstances stemming from driving while intoxicated (DWI), N.J.S.A. 39:4-50, or refusal to submit to chemical testing (refusal), N.J.S.A. 39:4-50.4(a). In these seven appeals, consolidated for decision, we ... license is administratively restored. The State draws our attention to N.J.S.A. 39:4-50(b): A person convicted under this section must satisfy the ... the consequences when a driver fails to comply with an N.J.S.A. 39:4-50(b) sentence: (a) Failure on the part of the client ... the Division of Motor Vehicles for appropriate action pursuant to N.J.S.A. 39:4-50(b). These statutes and regulations, however, relate to motor vehicle ... carrying a six month mandatory minimum sentence. 4 If anything, N.J.S.A. 39:4-50(b) and N.J.A.C. 10:162-2. ...
docket:
court: superior court trial
decided:
status:
citation:
Document Size: 55014
62 /usr/local/share/www/libweb/collections/courts/appellate/a5726-17.opn.html -- rank: 657
... Criminal Part, for his first conviction of driving while intoxicated, N.J.S.A. 39:4-50(a)(1), erroneously failed to include the ignition interlock device mandated by N.J.S.A. 39:4-50(a)(1)(ii) and N.J.S.A. 39:4-50.17(a)(2). After the opinion was published, the State ... provision requiring the installation of an ignition interlock device under N.J.S.A. 39:4- 50(a)(1)(ii) and N.J.S.A. 39:4-50.17a(l)(b), was not legally in effect. The State ... Court for driving while under the influence of alcohol (DWI), N.J.S.A. 39:4-50(a); reckless driving, N.J.S.A. 39:4- ...
docket:
court:
decided:
status:
citation:
Document Size: 21171
63 COURT A-1562-12T4 STATE OF NEW JERSEY v. DENIS A. TIGHE -- rank: 655
... Municipal Court for refusal to submit to a breath test, N.J.S.A. 39:4-50.4a, which is within the range applicable to a third ... two prior convictions for driving while under the influence (DWI), N.J.S.A. 39:4-50, but no prior convictions for refusal. Defendant raises a single ... offenders convicted of refusal to submit to a breath test, N.J.S.A. 39:4-50. He contends that his prior convictions for driving while under the influence, N.J.S.A. 39:4-50.4, do not qualify as third or subsequent offenses within the meaning of N.J.S.A. 39:4-50.4a. We conclude that they do. Defendant's arguments rest ... App. Div. 1980), and we are bound by that decision. N.J.S.A. 39:4-50.4a requires the municipal court to revoke the driving ...
docket: a1562-12
court: New Jersey Superior Court Appellate Division
decided: 2014-02-19
status: Published
citation:
Document Size: 16714
64 STATE OF NEW JERSEY v. MICHAEL J. REILLY -- rank: 655
... Law Division found defendant guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, DWI with a minor in the motor vehicle, N.J.S.A. 39:4-50.15; possessing an open container of an alcoholic beverage in ... was given the benefit of the 'step down' provision in N.J.S.A. 39:4- 50(a)(3). A-0952-19 8 Defendant appealed to the ... the application, the judge stated: 4 On August 23, 2019, N.J.S.A. 39:4-50 was amended to expand the use of ignition interlock devices ... THE DWI OFFENSE II. ONCE ACQUITTED OF DWI, THEN THE N.J.S.[A.] 39:4-50.15 CONVICTION MUST ALSO RESULT IN AN ACQUITTAL III. THERE ... was insufficient evidence to satisfy the required observational prong under N.J.S.A. 39:4-50. We disagree. Our review is 'limited to determining whether ...
docket: a0952-19
court: NJ Superior Court Appellate Division
decided: 2021-03-03
status: Unpublished
citation:
Document Size: 45982
65 STATE OF NEW JERSEY v. IDRIS R. PERRY -- rank: 653
... days under certain circumstances stemming from driving while intoxicated (DWI), N.J.S.A. 39:4-50, or refusal to submit to chemical testing (refusal), N.J.S.A. 39:4-50.4(a). In these seven appeals, consolidated for decision, we ... license is administratively restored. The State draws our attention to N.J.S.A. 39:4-50(b): A person convicted under this section must satisfy the ... the consequences when a driver fails to comply with an N.J.S.A. 39:4-50(b) sentence: (a) Failure on the part of the client ... the Division of Motor Vehicles for appropriate action pursuant to N.J.S.A. 39:4-50(b). These statutes and regulations, however, relate to motor vehicle ... carrying a six month mandatory minimum sentence. 4 If anything, N.J.S.A. 39:4-50(b) and N.J.A.C. 10:162-2. ...
docket: a1767-13
court: New Jersey Superior Court Appellate Division
decided: 2015-03-03
status: Published
citation:
Document Size: 55545
66 STATE OF NEW JERSEY v. STEVEN B. WATSON, JR -- rank: 650
... license was suspended or removed for a first violation of [ N.J.S.A. ] 39:4-50 or section 2 of P.L.1981, c.512 (C ... suspended or revoked for a second or subsequent violation of [ N.J.S.A. ] 39:4-50 or section 2 of P.L.1981, c.512 ([ N.J.S.A. ] 39:4-50.4a). A person convicted of an offense under this subsection ... license was suspended or revoked for a first violation of [ N.J.S.A. ] 39:4-50, Driving While Intoxicated . . . and [he] had previously been convicted of ...
docket: a1603-13
court: NJ Superior Court Appellate Division
decided: 2015-04-22
status: unpublished
citation:
Document Size: 37245
67 /usr/local/share/www/libweb/collections/courts/appellate/a0861-18.opn.html -- rank: 646
... 1999, defendant was convicted of driving while under the influence, N.J.S.A. 39:4-50. He was convicted in 2016 of refusing to submit to testing, N.J.S.A. 39:4-50.4a, and his driver's license was suspended for two ... a 'second A-0861-18T3 5 or subsequent violation' of N.J.S.A. 39:4-50 (DWI) or N.J.S.A. 39:4-50.4a (refusal). A person convicted under N.J.S.A ... 7 offenders receive under our drunk driving laws[,]' citing to N.J.S.A. 39:4-50. Laurick, 120 N.J. at 5. There is no indication ... term required for repeat offenders in a DWI conviction under N.J.S.A. 39:4-50.' Id. at 7. It was inapplicable in Sylvester because ...
docket:
court:
decided:
status:
citation:
Document Size: 19128
68 STATE OF NEW JERSEY v. JOSEPH MASTROMONACO -- rank: 646
... 17, 2011 Law Division order that adjudicated him guilty of N.J.S.A. 39:4-50.4(a), refusal to submit to chemical test; suspended his ... STATE FAILED TO PROVE THE CHARGE OF REFUSAL TO SUBMIT ( N.J.S.A. 39:4-50.4a) BEYOND A REASONABLE DOUBT. THE RESULT BELOW WAS NOT ... or conclusions is plenary. Ibid. Defendant was convicted of violating N.J.S.A. 39:4-50.4a which provides in pertinent part: Except as provided in ... any operator who, after being arrested for a violation of [N.J.S.A.] 39:4-50 or [ L. 1992, c. 189, § 1] ( C.39:4 ... the police officer to the person under arrest.'" Ibid. (quoting N.J.S.A. 39:4-50.2(e)). The Court further explained that "the corollary question ... S. Ct. 1602 , 16 L. Ed.2d 694 (1966). 2 N.J.S.A. 39:4-50.2(a) provides that drivers who operate motor vehicles ...
docket: a5103-10
court: NJ Superior Court Appellate Division
decided: 2013-04-30
status: unpublished
citation:
Document Size: 44977
69 STATE OF NEW JERSEY v. LONNIE HILL, JR -- rank: 646
... refusing to submit to a breath test in violation of N.J.S.A. 39:4-50.4a. After reviewing the contentions in light of the record ... principles, we affirm. Defendant was charged with driving while intoxicated, N.J.S.A. 39:4-50, refusal to submit to a breath test, N.J.S.A. 39:4-50.4a, possession of an open container of alcohol in a ... charge you with refusal to submit to breath testing. 2 N.J.S.A. 39:4-50.2(e) requires the reading of a uniform statement to ... refusal to submit to a breath test in violation of N.J.S.A. 39:4-50.4a.3 Defendant appealed to the Law Division, where the ... opinion on June 30, 2017, finding defendant guilty of refusal, N.J.S.A. 39:4-50.4a. In his decision, the Law Division judge found ...
docket: a5351-16
court: NJ Superior Court Appellate Division
decided: 2019-03-12
status: Unpublished
citation:
Document Size: 19894
70 STATE OF NEW JERSEY v. DENISE R. FLAHERTY -- rank: 641
... Branchburg police officers charged defendant with driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusal to submit to a breath test (refusal), N.J.S.A. 39:4-50.4a; obstructed view, N.J.S.A. 39:3-74 ... not less than seven months or more than one year . . . .' N.J.S.A. 39:4-50.4a. A-0826-18T4 2 The municipal court judge accepted ... REFUSING TO PROVIDE A BREATH SAMPLE AS REQUIRED PURSUANT TO N.J.S.A. 39:4-50.2(E). II. THE COURT ERRED IN HOLDING THAT THE ... almost legally impossible,'' explaining, 'these penalties could be imposed.' See N.J.S.A. 39:4-50.4a(b). Finally, the judge rejected defendant's argument 'that ... 485, 496 (2010)). To that end, the implied consent law, N.J.S.A. 39:4-50.2, and the refusal law, N.J.S.A. ...
docket: a0826-18
court: NJ Superior Court Appellate Division
decided: 2019-11-13
status: Unpublished
citation:
Document Size: 21500
71 STATE OF NEW JERSEY v. FRANCIS SCANLON -- rank: 641
... his June 21, 2018 conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50(a), after a trial de novo in the Law Division ... defendant argues that he was not subject to prosecution under N.J.S.A. 39:4- 50(a) because the vehicle he was operating, a farm tractor ... concessions, defendant argued that he was not guilty of violating N.J.S.A. 39:4-50(a) because a farm tractor is not a motor vehicle ... argument and found him guilty of the charged violation of N.J.S.A. 39:4- 50(a).1 The judge sentenced defendant to a 10-year ... MEANING OF N.J.S.A. 39:1-1 AND N.J.S.A. 39:4-50(a). II. Because the parties stipulated to all the facts ... farm tractor is considered a motor vehicle for purposes of N.J.S.A. 39:4-50(a). On appeal, we 'consider only the action of ...
docket: a1585-18
court: NJ Superior Court Appellate Division
decided: 2020-03-05
status: Unpublished
citation:
Document Size: 17265
72 VLADIMIR DIAZ v. HERBERT J. REYNOSO -- rank: 639
... legislative enactment' is what is known as 'John's Law,' N.J.S.A. 39:4-50.22. Pursuant to that statute, law enforcement officers must provide ... have been arrested or held in custody for violations of N.J.S.A. 39:4-50 (Driving While Intoxicated). John's Law prescribes, in relevant part ... a person who has been arrested for a violation of [N.J.S.A. 39:4-50] in order to transport or accompany the arrestee from the ... operation of a motor vehicle while the arrestee remains intoxicated. [ N.J.S.A. 39:4-50.22 (emphasis added).] The statute continues: The person to whom ... person who permits another to drive while intoxicated (DWI) violates [N.J.S.A. 39:4-50] (the State Drunk driving statute).' S. Law & Pub. Safety Comm ... motor vehicle violations checked in the box above. Pursuant to N.J.S.A. 39:4-50.22, this WARNING is to advise you that if ...
docket: a1285-20
court: NJ Superior Court Appellate Division
decided: 2021-06-01
status: Published
citation:
Document Size: 62970
73 STATE OF NEW JERSEY v. ROGER M. DENT -- rank: 639
... Law Division finding defendant guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, the State appeals from that part of the September 13 ... noncustodial community service program that does not hold participants overnight. N.J.S.A. 39:4 50(a)(2) and (3) clearly and unambiguously require a sentence ... accident occurred. Police arrested defendant and charged him with DWI, N.J.S.A. 39:4-50, careless driving, N.J.S.A. 39:4-97, improper ... State v. Laurick , 120 N.J. 1 , 4 (1990), and N.J.S.A. 39:4 50(a), defendant should be considered a second-time DWI offender ... 658-59 (1993)) certif. denied , 172 N.J. 181 (2002). N.J.S.A. 39:4-50(a) provides that: (2) For a second [DWI] violation, a ... Ct. 768 , 98 L.Ed.2d 855 (1988). In particular, N.J.S.A. 39:4-50(a) discourages recidivism in DWI offenses by imposing escalating ...
docket: a0498-13
court: NJ Superior Court Appellate Division
decided: 2014-10-07
status: unpublished
citation:
Document Size: 17791
74 STATE OF NEW JERSEY v. MICHAEL LYONS -- rank: 639
... driving while driving under the influence of intoxicating liquor (DUI), N.J.S.A. 39:4-50(a); failure to report an accident, N.J.S.A ... influence of intoxicating liquor and therefore violated the DUI statute, N.J.S.A. 39:4-50(a). The municipal court judge further found Cahill's testimony ... also found defendant operated his vehicle within the meaning of N.J.S.A. 39:4-50(a) by standing next to the vehicle with its engine ... its] heavy burden' of proof. We disagree. In pertinent part, N.J.S.A. 39:4-50(a) prohibits an individual from 'operat[ing] a motor vehicle ... explaining proofs required to establish operation of a vehicle under N.J.S.A. 39:4-50(a)). Operation of a vehicle under N.J.S.A. 39:4-50(a) does not require proof of 'driving' and 'may ...
docket: a3017-19
court: NJ Superior Court Appellate Division
decided: 2021-03-24
status: Unpublished
citation:
Document Size: 36278
75 State of New Jersey v. John R. Cummings -- rank: 639
... New Jersey Motor Vehicle Commission’s standard statement required under N.J.S.A. 39:4-50, and refusing to submit to a breathalyzer test in violation of N.J.S.A. 39:4-50.4a (Refusal Statute). See footnote 1 On May 29, 2003 ... J. Super. 177 (App. Div. 1990), “upheld the constitutionality of N.J.S.A. 39:4-50.4a, which requires the State to prove a refusal to ... Assembly adopted the Governor’s recommendation and, as finally passed, N.J.S.A. 39:4-50.4a provides for a preponderance of the evidence standard of ... Driver Resource Center. See L. 2004, c. 8, §1 (amending N.J.S.A. 39:4-50.4a, eff. Apr. 26, 2004). See footnote 5 Those penalties ... of the violation are not established, no conviction shall issue . [ N.J.S.A. 39:4-50.4a (emphasis supplied).] In State v. Fahrer , 212 N. ...
docket: a-65-04
court: njsupreme
decided: 2005-06-23
status:
citation: 184 N.J. 84
Document Size: 50692
 Page:1 2 3 4 5 6 7 8 9 10 92 Previous 15 Next 15
Powered by Swish-e swish-e.org

Valid HTML 4.01!