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76 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 639
... references examples of increased penalties for driving while intoxicated, see N.J.S.A. 39:4-50, and enhanced charges for distributing or possessing controlled dangerous substances ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 151111
77 STATE OF NEW JERSEY v. JOSEPH B. GAETA -- rank: 639
... Joseph B. Gaeta was convicted of Driving While Intoxicated (DWI), N.J.S.A. 39:4-50. Because the vehicle he was driving was an all-terrain ... issued to defendant, including one charging DWI in violation of N.J.S.A. 39:4-50. At the beginning of the municipal court trial, the prosecutor ... rejected that position and concluded that the usual penalties under N.J.S.A. 39:4-50 would be imposed. The conviction being defendant's first DWI ... court sentenced him within the appropriate range of sentences under N.J.S.A. 39:4-50 to: a fine of $306, $33 in court costs, $50 ... THE APPROPRIATE PENALTIES APPLICABLE TO OFFICER GAETA ARE THOSE UNDER N.J.S.A. 39:4-50, RATHER THAN N.J.S.A. 39:3C-28. Defendant ... cited above . [Emphasis added.] Thus, the statute provided that DWI, N.J.S.A. 39:4-50, was an offense that applied to a person driving ...
docket: a0201-12
court: NJ Superior Court Appellate Division
decided: 2013-07-09
status: unpublished
citation:
Document Size: 25117
78 CHRISTOPHER DIGIOIA v. NEW JERSEY MOTOR VEHICLE COMMISSION - -- rank: 637
... Jersey of driving under the influence of alcohol contrary to N.J.S.A. 39:4-50. He was similarly convicted on October 9, 2019 in New ... 95 N.J. Super. 19 (Law Div. 1967), contended that N.J.S.A. 39:4-50 does not expressly permit the Commission to consider an out ... authorized by N.J.S.A. 39:5D-4 and N.J.S.A. 39:4-50, and supported by the undisputed evidence in the record. Failure ... offense under New Jersey's driving under the influence statute, N.J.S.A. 39:4-50(a), just as it was in New York. See also ... s reliance on Davis. There, defendant was convicted of violating N.J.S.A 39:4-50 in New Jersey and was convicted of a similar offense ... first-time offender. Ibid. The court agreed and reasoned that N.J.S.A. 39:4-50 did not expressly state that a 'previous violation may ...
docket: a3587-19
court: NJ Superior Court Appellate Division
decided: 2021-03-30
status: Unpublished
citation:
Document Size: 17619
79 State v. Charudutt J. Patel -- rank: 637
... convictions, Patel was sentenced as a first-time offender. See N.J.S.A. 39:4-50(a). The two 2015 DWI charges exposed Patel to potential ... the Court. Every defendant charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50, is guaranteed the right to retain counsel or, if indigent ... subject to enhanced custodial sentences, license suspensions, and financial penalties. N.J.S.A. 39:4-50(a)(2)-(3). We held in State v. Laurick that ... at an Intoxicated Driver Resource Center and fined $764. See N.J.S.A. 39:4- 50(a) (providing that, for sentencing purposes, a second DWI conviction ... years, and imposed the requisite fines and administrative penalties. See N.J.S.A. 39:4-50(a)(3). The remaining charges, including the Hillsborough DWI charge ... defendants convicted of a second and subsequent DWI violation. See N.J.S.A. 39:4-50(a)(1)-(3). A first-time offender is subject ...
docket: a-13-18
court: NJ Supreme Court
decided: 2019-08-07
status:
citation: --- A.3d ----
Document Size: 66862
80 KEITH HELD v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 637
... driving while intoxicated ('DWI') in New Jersey, in violation of N.J.S.A. 39:4-50(a). For the reasons that follow, we remand this case ... s Maryland infraction is substantially similar to an offense under N.J.S.A. 39:4-50(a). Appellant has been convicted of offenses stemming from four ... s second offense pursuant to the 'step down' provision in N.J.S.A. 39:4-50(a)(3), which permits a third A-0592-17T1 2 ... Transp. § 21-902(b)(1) was substantially similar to N.J.S.A. 39:4-50(a) for the conviction to be treated as a second ... b)(1) is not substantially similar to a conviction under N.J.S.A. 39:4-50(a). More specifically, he argues that the Md. Code Ann ... level of impairment than required to sustain a conviction under N.J.S.A. 39:4-50(a). Appellant additionally contends he was entitled to an ...
docket: a0592-17
court: NJ Superior Court Appellate Division
decided: 2018-10-24
status: Unpublished
citation:
Document Size: 19323
81 STATE OF NEW JERSEY v. CHRISTOPHER CARRIGAN -- rank: 635
... suspended or revoked for a second or subsequent violation of [ N.J.S.A. 39:4-50, DWI,] or section 2 of [ N.J.S.A. 39:4-50.4a, refusing to submit to an alcohol breath test]. A ... a breath sample. The patrolman issued defendant summonses for DWI, N.J.S.A. 39:4-50; driving with a suspended license, N.J.S.A. 39 ... 39:3-66; refusal to submit to a breath test, N.J.S.A. 39:4-50.2; and reckless driving, N.J.S.A. 39:4 ... e., within the decade before defendant's present offenses. See N.J.S.A. 39:4-50(a)(3) (requiring a mandatory license revocation of ten years ... of mandatory suspension imposed for third or subsequent offenses under N.J.S.A. 39:4-50(a)(3). Given the committee materials that we have ...
docket: a3751-11
court: NJ Superior Court Appellate Division
decided: 2012-11-15
status: published
citation: 428 N.J.Super. 609 55 A.3d 87
Document Size: 43357
82 STATE OF NEW JERSEY v. DAVID C. LILLY -- rank: 630
... On September 5, 2000, defendant was convicted of DWI under N.J.S.A. 39:4-50. On July 11, 2013, defendant was again convicted of DWI ... as a first offender under the step-down provision of N.J.S.A. 39:4-50(a)(3) because there was more than a ten-year ... of license suspension . . . for a second or subsequent violation of" N.J.S.A. 39:4-50. In his motion to dismiss the indictment, defendant argued that ... his first DWI offense under the step-down provision of N.J.S.A. 39:4-50(a)(3), he had not committed "a second or subsequent ... the 2013 DWI was his first offense, the language of N.J.S.A. 39:4-50(a)(3) states that the step-down is for "sentencing ... qualification for lenient sentencing under the step-down provision of N.J.S.A. 39:4-50(a)(3) essentially dissolved his prior DWI conviction and ...
docket: a1495-15
court: NJ Superior Court Appellate Division
decided: 2017-02-28
status: unpublished
citation:
Document Size: 18650
83 STATE OF NEW JERSEY v. DANIEL GONZALEZ -- rank: 630
... of driving under the influence of an intoxicating liquor (DUI), N.J.S.A. 39:4-50, and sentenced defendant to a seven-month driver's license ... also concluded the evidence established a per se violation of N.J.S.A. 39:4-50 because the Alcotest results showed defendant had a BAC of ... results' and concluded the results established defendant's guilt under N.J.S.A. 39:4-50 beyond a reasonable doubt. Judge Jones also rejected defendant's claim that a December 1, 2019 amendment to N.J.S.A. 39:4-50, which reduced some of the penalties for a DUI offense ... probable cause to arrest defendant for DUI in violation of N.J.S.A. 39:4-50. Bealor, 187 N.J. at 588; see also Cleverley, 348 ... with a [BAC] of 0.08 [percent] or more' (quoting N.J.S.A. 39:4- 50(a))). As noted, the court separately determined defendant is ...
docket: a4366-19
court: NJ Superior Court Appellate Division
decided: 2021-09-24
status: Unpublished
citation:
Document Size: 36349
84 STATE OF NEW JERSEY v. WILLIE R. RAINS -- rank: 628
... affirm. In October 1979, defendant was found guilty of DWI, N.J.S.A. 39:4-50, in Willingboro Township Municipal Court. Defendant claims he did not ... second DWI as his first for sentencing purposes pursuant to N.J.S.A. 39:4- 50(a)(3) because his second offense took place more than ... SINCE HE WAS SENTENCED AS A FIRST OFFENDER PURSUANT TO N.J.S.A. 39:4-50(a)(3). POINT III: ON MAY 19, 2016, THE COURT ... qualification for lenient sentencing under the step-down provision of N.J.S.A. 39:4-50(a)(3) rendered him a first- time offender. Defendant maintains ... Defendant's argument is contrary to the unambiguous language of N.J.S.A. 39:4-50(a)(3) and creates a false connection between that statute ... for a second or subsequent violation of' motor vehicle statute N.J.S.A. 39:4-50. N.J.S.A. 39:4-50(a)(3) ...
docket: a1788-17
court: NJ Superior Court Appellate Division
decided: 2019-05-23
status: Unpublished
citation:
Document Size: 18976
85 State v. Barrington McDonald -- rank: 628
... 2C:12-1(c)(3)(a), driving while intoxicated (DWI), N.J.S.A. 39:4-50, and driving with a suspended license, N.J.S.A ... c)(3)(a). He was also issued summonses for DWI, N.J.S.A. 39:4-50, driving with a suspended license, N.J.S.A. 39:3-40, DWI in a school zone, N.J.S.A. 39:4-50(g)(1), reckless driving, N.J.S.A. 39:4 ... defendant’s operation of a vehicle while in violation of N.J.S.A. 39:4-50 (prohibiting driving while intoxicated) “on any school property used ... the Appellate Division, which merged defendant’s DWI conviction under N.J.S.A. 39:4-50 into the assault by auto in a school zone conviction ... Here, the panel’s merger of the DWI conviction under N.J.S.A. 39:4-50 into the assault by auto in a school zone ...
docket: A-118-10
court: NJ Supreme Court
decided: 2012-07-23
status:
citation: 211 N.J. 4 47 A.3d 669
Document Size: 130596
86 STATE OF NEW JERSEY v. JOHN THOMPSON -- rank: 628
... his convictions for operating a vehicle while under the influence, N.J.S.A. 39:4-50(a), and for refusing to submit to a breath test, N.J.S.A. 39:4-50.2, defendant argues that the evidence does not support the ... via municipal appeal, by the Law Division of violating both N.J.S.A. 39:4-50(a) and N.J.S.A. 39:4-50.2. A two-year license suspension was imposed. In appealing ... defendant was 'operating' the motor vehicle within the meaning of N.J.S.A. 39:4-50(a). Our limited scope of review requires deference to the ... a vehicle with its engine running, is in violation of N.J.S.A. 39:4- 50(a). Although a violation of N.J.S.A. ...
docket: a2011-18
court: NJ Superior Court Appellate Division
decided: 2020-02-10
status: Published
citation:
Document Size: 15702
87 STATE OF NEW JERSEY v. LELAN D. HURST -- rank: 628
... his conviction of refusing to submit to a breath test, N.J.S.A. 39:4-50.4(a), after being arrested for driving while intoxicated (DWI ... Miranda 2 rights and read the standard statement required by N.J.S.A. 39:4-50.2(e), including the supplemental instruction to be given when ... submit to a [breath test] when requested to do so[.]" N.J.S.A. 39:4-50.4a(a). [T]he implied consent law, N.J.S.A. 39:4-50.2, . . . (a) provides that by taking to the State's ... statement, prepared by the Motor Vehicle Commissioner, to the arrestee. N.J.S.A. 39:4-50.2(e). "'[A]nything substantially short of an unconditional, unequivocal ... of the rights and penalties attendant to a refusal under N.J.S.A. 39:4-50.4a, and as required under O'Driscoll , despite the ...
docket: a2683-12
court: NJ Superior Court Appellate Division
decided: 2014-07-30
status: unpublished
citation:
Document Size: 49906
88 STATE OF NEW JERSEY v. JOEL D. CINTRON -- rank: 626
... auto if a person drives a vehicle in violation of N.J.S.A. 39:4-50 5 or N.J.S.A. 39:4-50.4a 6 and serious bodily injury results. N.J.S ... auto if a person drives a vehicle in violation of N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4a and bodily injury results. Ibid. The judge, however, only ... find that defendant operated a motor vehicle in violation of N.J.S.A. 39:4-50, it could consider that together with all other evidence when ... that the jury was required to find a violation of N.J.S.A. 39:4-50 or 39:4-50.4a in order to convict ...
docket: a1342-11
court: NJ Superior Court Appellate Division
decided: 2013-09-23
status: unpublished
citation:
Document Size: 34316
89 STATE OF NEW JERSEY v. JAMES J. REVIE -- rank: 626
... appeals from his fourth conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, following a trial in the Law Division. On appeal, defendant ... a second offense pursuant to the step-down provision of N.J.S.A. 39:4-50 because there was a gap of more than ten years ... beyond a reasonable doubt of Driving While Intoxicated pursuant to N.J.S.A. 39:4-50. As to the alleged sentencing error, Judge Ironson found defendant ... SUBSEQUENT OFFENDER UNDER LAURICK AND THE "STEP DOWN" PROVISION OF N.J.S.A. 39:4-50(a)(3). II. Our role in this appeal is limited ... from a DWI conviction escalate with each subsequent DWI conviction. N.J.S.A. 39:4-50. A first-time offender may "in the discretion of the ... a term of imprisonment of not more than 30 days . . . ." N.J.S.A. 39:4-50(a)(1)(i) and (ii). A second offender is ...
docket: a3187-11
court: NJ Superior Court Appellate Division
decided: 2013-04-18
status: unpublished
citation:
Document Size: 35832
90 STATE OF NEW JERSEY v. ALIBEK SHAYMARDANOV -- rank: 623
... to vacate municipal court convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50, and refusal to submit a breath sample, N.J.S.A. 39:4-50.4(a). 1 The State cross-appealed, challenging the sentence ... Standard Statement for Operators of a Motor Vehicle (standard statement), N.J.S.A. 39:4-50.2(e). Defendant demonstrated he understood and agreed to participate ... FAILED SOBRIETY TEST NOR ABNORMAL BREATH SAMPLES AS REQUIRED BY N.J.S.A. 39:4-50.4a. The State cross-appeals, arguing: POINT [III] THE DE ... TO IMPOSE AN ENHANCED SENTENCE FOR DEFENDANT'S VIOLATION OF N.J.S.A. 39:4-50[.4]a DESPITE HIS PRIOR CONVICTION AND FURTHER, IMPROPERLY DETERMINED HE COULD SERVE HIS LICENSE SUSPENSIONS FOR HAVING VIOLATED N.J.S.A. 39:4-50 AND N.J.S.A. 39:4-50.4a ...
docket: a2653-13
court: NJ Superior Court Appellate Division
decided: 2015-08-04
status: unpublished
citation:
Document Size: 35592
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