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 Results for ("N.J.S.A. 39:4-50")   91 to 105 of 1368 results. Run time: 0.754 seconds | Search time: 0.747 seconds    
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91 STATE OF NEW JERSEY v. ROBERT LUZHAK -- rank: 623
... BEEN DISMISSED SINCE DEFENDANT ONLY HAD ONE "CONVICTION" FOR [VIOLATING N.J.S.A. 39:4-50] AND THE STATUTE REQUIRES A SECOND VIOLATION OF [ N.J.S.A. 39:4-50]. POINT II THE COURT SHOULD HAVE GRANTED THE MOTION TO ... be interpreted to specifically require previous license suspensions pursuant to N.J.S.A. 39:4-50. "Whether an indictment should be dismissed or quashed lies within ... suspended or revoked for a second or subsequent violation of [ N.J.S.A. 39:4-50] . . . . A person convicted of an offense under this subsection shall ... subsequent DWI conviction. After Regan was decided, the Legislature amended N.J.S.A. 39:4-50(a)(3) to state that DWI convictions in foreign states ... L. 1997, c. 277, § 1. Consistent with the DLC, N.J.S.A. 39:4-50(a)(3) now states in pertinent part: A conviction ...
docket: a2445-14
court: NJ Superior Court Appellate Division
decided: 2016-04-27
status: published
citation: 445 N.J.Super. 241 137 A.3d 555
Document Size: 31491
92 STATE OF NEW JERSEY v. LATEEF J. COLLEY -- rank: 623
... in another state for conduct equivalent to that proscribed by N.J.S.A. 39:4-50 subjects a defendant to the enhanced penalty set by N ... where the basis of the suspension was a violation of N.J.S.A. 39:4-50. Judge Tessaro reserved his decision on this issue. Subsequently, Judge ... because the prior conviction was not for a violation of N.J.S.A. 39:4-50. Specifically, defendant contends that a literal reading of N.J.S.A. 39:3-40 requires a conviction of N.J.S.A. 39:4-50 in this state in order to trigger the assessment of ... enhanced penalties because he has no prior conviction pursuant to N.J.S.A. 39:4-50. However, a review of New Jersey case and statutory law ... Super. 1 , 2-3 (App. Div. 1983), we held that N.J.S.A. 39:4-50 and New York's drunk driving statute are of ...
docket: a3347-06
court: njappellate
decided: 2007-12-14
status: published
citation: 397 N.J.Super. 214
Document Size: 43107
93 STATE OF NEW JERSEY v. KENNETH IRELAN -- rank: 623
... send a tow truck to impound defendant's vehicle, see N.J.S.A. 39:4-50.23, and advised, "keys rear driver's side tire." The ... Breathalyzer test. See Pierce , supra , 136 N.J. at 192; N.J.S.A. 39:4-50.2. It is equally clear that, under Belton , the search ... pertains to the underlying offense, except in the case of N.J.S.A. 39:4-50 (driving while intoxicated) and N.J.S.A. 39:4 ... the underlying offense, except in the case of violations of N.J.S.A. 39:4-50 (driving while intoxicated) and N.J.S.A. 39:4 ... N.J. 42 , 58 (1987). Footnote: 4 "John's Law," N.J.S.A. 39:4-50.22, -50.23, allows for a temporary impound to assure ... or to any other responsible party authorized by the arrestee. N.J.S.A. 39:4-50.23c, d. Further, as authorized by N.J.S. ...
docket: a6622-03
court: njappellate
decided: 2005-02-14
status: published
citation: 375 N.J. Super. 100
Document Size: 50717
94 STATE OF NEW JERSEY v. BLAIR CREED -- rank: 623
... content (BAC) was 0.16%. Defendant was charged with DWI, N.J.S.A. 39:4-50; crossing over a double yellow line, N.J.S.A ... Defendant raises the following arguments for our consideration: POINT I [ N.J.S.A. ] 39:4-50.2 DOES NOT GIVE POLICE UNBRIDLED AUTHORITY TO TRANSPORT A ... HAVING CONDUCTED A TEST. A. THE DEFENDANT FULLY COMPLIED WITH [ N.J.S.A. ] 39:4-50.2. B. THE POLICE VIOLATED [ N.J.S.A. ] 39:4-50.2 BY FAILING TO PROVIDE AND MAINTAIN A PROPERLY WORKING ... a control test failure. Defendant contends that he complied with N.J.S.A. 39:4-50.2(a) by providing breath samples at the Montvale police ... to provide additional breath samples in Park Ridge. We disagree. N.J.S.A. 39:4-50.2(a) provides that any person who operates a ...
docket: a3496-11
court: NJ Superior Court Appellate Division
decided: 2012-11-20
status: unpublished
citation:
Document Size: 20801
95 /usr/local/share/www/libweb/collections/courts/trial/ma2010-16.opn.html -- rank: 621
... second-offender under the so-called “step down” provision. N.J.S.A. 39:4-50(a)(3). The municipal court sentenced defendant to sixty days ... maximum fine of $1000, the range being $500 to $1000. N.J.S.A. 39:4-50(a)(2). Before hearing this municipal appeal, this court obtained ... incarcerate at all in the case of first offenders. See N.J.S.A. 39:4-50(a)(1)(i) and (ii) (allowing for first offender ... to impose a jail term of up to ninety days. N.J.S.A. 39:4-50(a)(2) (stating that second offenders “shall be sentenced ... suspended or served on probation, nor more than 90 days”); N.J.S.A. 39:4-50(a)(3) (stating that that imprisonment for first or second ... half of that to be served in in-patient treatment. N.J.S.A. 39:4-50(a)(3). The Criminal Code requires a sentencing court ...
docket: ma2010-16
court: NJ Superior Court Law/Chancery Division
decided: 0000-00-00
status:
citation:
Document Size: 42472
96 STATE OF NEW JERSEY v. ADAM C. SPEARS -- rank: 621
... and he was twice convicted of the Pennsylvania equivalent of N.J.S.A. 39:4-50. Accordingly, we affirm. Defendant was issued motor vehicle summonses on ... arguing his prior Pennsylvania convictions were not statutory equivalents of N.J.S.A. 39:4-50, which he maintained he was never convicted of violating. Further ... concedes he was twice convicted of the Pennsylvania equivalent of N.J.S.A. 39:4-50. However, focusing on the effective date of his prior Pennsylvania ... his "suspension for his first Commonwealth of Pennsylvania equivalent of N.J.S.A. 39:4-50[,] did not commence until . . . months after [his] operation in [New ... NOT SUSPENDED FOR THE COMMONWEALTH OF PENNSYLVANIA'S EQUIVALENT OF N.J.S.A. 39:4-50 ON THE DAY HE OPERATED A MOTOR VEHICLE IN OCEAN ... suspended or revoked for a second or subsequent violation of [ N.J.S.A. ] 39:4-50, or section 2 of [ N.J.S.A. ] 39: ...
docket: a4839-14
court: NJ Superior Court Appellate Division
decided: 2017-02-16
status: unpublished
citation:
Document Size: 39309
97 STATE OF NEW JERSEY v. SEAN WATKINS -- rank: 621
... given defendant's prior conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, his guilty plea to refusing to submit to a breath test (refusal), N.J.S.A. 39:4-50.4a, made him a second offender under that statute. As ... is whether a prior conviction for [DWI] in violation of N.J.S.A. 39:4-50 satisfies the language of "a subsequent offense under this section" contained in N.J.S.A. 39:4-50.4a, thereby mandating the imposition of the enhanced penalty of ... prior refusal to take a breathalyzer test in violation of N.J.S.A. 39:4-50.4a satisfies this statutory language and that a prior conviction for [DWI] in violation of N.J.S.A. 39:4-50 does not lead to the enhanced two-year penalty. ...
docket: a2594-07
court: NJ Superior Court Appellate Division
decided: 2009-04-02
status: unpublished
citation:
Document Size: 45151
98 State of New Jersey v. Florence Hessen -- rank: 619
... a ban on plea bargaining in cases involving violations of N.J.S.A. 39:4-50 does not violate the constitutional separation of powers and does ... intoxicated person to operate her motor vehicle, in violation of N.J.S.A. 39:4-50 (hereinafter referred to as an "allowing" or "permitting" offense). The ... a ban on plea bargaining in cases involving violations of N.J.S.A. 39:4-50. That statute includes four specific offenses, two of which do ... A . Driving while under the influence of liquor or drugs ( N.J.S.A. 39:4-50 are: [1]Operating a motor vehicle while under the influence ... on the types of drinking and driving offenses listed in N.J.S.A. 39:4-50 that were subject to the ban on plea bargaining. Accordingly ... reduction initiatives, supported by the Legislature through the codification of N.J.S.A. 39:4-50, N.J.S.A. 2C:35-1 et seq. ...
docket: a-49-94
court: njsupreme
decided: 1996-07-22
status:
citation: 145 N.J. 441
Document Size: 43563
99 STATE OF NEW JERSEY V. EILEEN PIERCE -- rank: 614
... operation of motor vehicle while knowingly possessing controlled dangerous substances); N.J.S.A. 39:4-50 (imposing mandatory license suspensions for driving-while-intoxicated convictions; six ... public highway for purpose of obstructing passage of other vehicles); N.J.S.A. 39:4-50, -96 to -98, -129) that have resulted in death or ...
docket: a-19-93
court: njsupreme
decided: 1994-06-15
status:
citation: 136 N.J. 184
Document Size: 117446
100 STATE OF NEW JERSEY v. WILLIAM O'DRISCOLL -- rank: 614
... Defendant appeals from his convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusal to submit to a chemical breath test, N.J.S.A. 39:4-50.4a and N.J.S.A. 39:4-50.2; and possessing an open container of alcohol in an ... Vehicle Commission Standard Statement for Operators of a Motor Vehicle, N.J.S.A. 39:4-50.2(e), revised effective January 21, 2004 (the January 2004 ... DEFENDANT POINT II THE POLICE DID NOT READ THE VALID N.J.S.A. 39:4-50.2(e) STATEMENT TO MR. O'DRISCOLL; SINCE THE REFUSAL ... must be reversed. To sustain a conviction for refusal under N.J.S.A. 39:4-50.4a(a), the State must prove each of the ...
docket: a4341-10
court: NJ Superior Court Appellate Division
decided: 2012-03-01
status: unpublished
citation:
Document Size: 30613
101 STATE OF NEW JERSEY v. SCOTT ROBERTSON -- rank: 614
... of driving while under the influence of intoxicating liquor (DWI), N.J.S.A. 39:4-50. Defendant's appeal pertains mainly to the admissibility of Alcotest ... producing the .13 BAC result, he was charged with DWI, N.J.S.A. 39:4-50, as well as failure to maintain a lane, N.J ... months — the minimum sanctions allowed under the circumstances. See N.J.S.A. 39:4-50(a)(1)(ii). Defense counsel requested a stay of the ... results were admissible to prove a per se violation of N.J.S.A. 39:4-50. Ibid. To demonstrate the device's proper working order, the ... seven days — thirty days for his first DWI offense, N.J.S.A. 39:4-50 (a)(1)(ii); sixty days on the reckless driving charge ... and Law Division judges were satisfied that defendant had violated N.J.S.A. 39:4-50 based on the observational case. The State's stipulation ...
docket: a0296-13
court: NJ Superior Court Appellate Division
decided: 2014-11-14
status: published
citation: 438 N.J.Super. 47 102 A.3d 381
Document Size: 77917
102 STATE OF NEW JERSEY v. DONALD LESSER -- rank: 614
... 31, 2012, defendant was arrested for driving while intoxicated (DWI), N.J.S.A. 39:4-50. It is undisputed that, after he was transported to police headquarters, defendant was read the Standard Statement authorized by N.J.S.A. 39:4-50.2(e). 1 Defendant declined to submit to the breathalyzer ... charged with refusal to consent to provide a breath sample, N.J.S.A. 39:4-50.2. 2 Defendant entered a guilty plea to the DWI ... mandatory minimum seven-month license suspension. The implied consent law, N.J.S.A. 39:4-50.2(a), sets the framework for this argument, as it ... of refusing to submit to such test in accordance with [ N.J.S.A. 39:4-50.4a]. A standard statement, prepared by the chief administrator, shall ... read by the police officer to the person under arrest. [ N.J.S.A. 39:4-50.2(e).] The focus of the appeal in State ...
docket: a4162-13
court: NJ Superior Court Appellate Division
decided: 2015-06-29
status: unpublished
citation:
Document Size: 20573
103 STATE OF NEW JERSEY v. JOSEPH A. VIRGINIA JR -- rank: 614
... DWI OFFFENSE WAS TREATED AS A FIRST OFFENSE PURSUANT TO N.J.S.A. 39:4-50(a)(3). We have considered this argument in light of ... the second DWI pursuant to the step-down provision of N.J.S.A. 39:4-50(a)(3), and defendant's license was suspended for seven ... his August 9, 2011 second DWI under the DWI statute ( N.J.S.A. 39:4-50(a)(3)). Therefore, he was properly allowed to have that ... a first DWI "for sentencing purposes." The defendant cannot use N.J.S.A. 39:4-50(a)(3) to negate the applicability under these facts of ... qualification for lenient sentencing under the step-down provision of N.J.S.A. 39:4-50(a)(3) essentially dissolves his prior DWI conviction and renders ... offenders. This reading is contrary to the unambiguous language of N.J.S.A. 39:4-50(a)(3) and creates a false connection between N. ...
docket: a2415-13
court: New Jersey Superior Court Appellate Division
decided: 0000-00-00
status: Published
citation:
Document Size: 16255
104 STATE OF NEW JERSEY v. THOMAS BURNS -- rank: 612
... 40, and driving without an interlock device in violation of N.J.S.A. 39:4-50.19. On July 31, 2014, the police discovered that defendant ... ten years due to driving while intoxicated (DWI) contrary to N.J.S.A. 39:4-50. The police also learned defendant had multiple prior convictions and ... TO THE STATE'S PROOF, APPELLANT HAD ONLY ONE (1) N.J.S.A. 39:4-50 CONVICTION ON THE DAY HE OPERATED A MOTOR VEHICLE IN ... suspended or revoked for a second or subsequent violation of [ N.J.S.A. 39:4-50]. . . . A person convicted of an offense under this subsection shall ... We also adopted the rationale that "enhanced penalties pursuant to N.J.S.A. 39:4-50 or N.J.S.A. 39:3-40 may be ... a motor vehicle.'" Id. at 637-38. A conviction under N.J.S.A. 39:4-50 is of a "substantially similar nature" to the DLC' ...
docket: a0923-15
court: NJ Superior Court Appellate Division
decided: 2017-05-23
status: unpublished
citation:
Document Size: 25297
105 State v. Reynold Regis -- rank: 610
... arrested defendant for driving under the influence in violation of N.J.S.A. 39:4-50. Although no controlled dangerous substances were found on defendant’s ... driving under the influence of a controlled dangerous substance (CDS), N.J.S.A. 39:4-50, possession of CDS, N.J.S.A. 2C:35-10 ...
docket: A-81-10
court: NJ Supreme Court
decided: 2011-12-14
status:
citation:
Document Size: 65769
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