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46 STATE OF NEW JERSEY v. LORI YAKITA -- rank: 651

... you again, will you submit to breath testing? 1 See N.J.S.A. 39:4-50.2(e), providing in pertinent part: No chemical test . . . or specimen ... v. Marquez, 202 N.J. 485, 503 (2010)); see also N.J.S.A. 39:4-50.2(e); N.J.S.A. 39:4-50.4a]. Refusal ... giving rise to reasonable doubt. Under the implied consent statute, N.J.S.A. 39:4-50.2(a), each 'motorist using the public roads in the State ...

docket:	a2589-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-29
status:	Unpublished
citation:
Document Size:	21815

47 STATE OF NEW JERSEY v. LONNIE HILL, JR -- rank: 648

... 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 all ... 2013) (quoting Marquez, 202 N.J. at 503); see also N.J.S.A. 39:4- 50.2(e); N.J.S.A. 39:4-50.4a]. A ... standard statement to anyone subjected to the breath test under N.J.S.A. 39:4- 50.2(e). State v. Widmaier, 157 N.J. 475, 489 (1999 ... standard statement, including paragraphs five and eight as required under N.J.S.A. 39:4-50.2(e). Defendant testified he understood the statement 'loud and clear ...

docket:	a5351-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-12
status:	Unpublished
citation:
Document Size:	19894

48 STATE OF NEW JERSEY v. LOUIS MCGRATH -- rank: 648

... conviction for refusing to submit to a chemical breath test, N.J.S.A. 39:4-50.2. Defendant argues the conviction should be reversed because the officer ... read the April 2004 version of the standard statement under N.J.S.A. 39:4-50.2(e), which omitted mention that, if convicted, the court would ... 50, and refusing to submit to a chemical breath test, N.J.S.A. 39:4-50.2. Shouldis testified that shortly after 8:30 p.m., he ... 476; see also Marquez , supra , 202 N.J. at 503; N.J.S.A. 39:4-50.2(e). In making the materiality finding, courts must "examine whether ...

docket:	a2929-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-21
status:	unpublished
citation:
Document Size:	28862

49 STATE OF NEW JERSEY v. GARY H. CONDIT -- rank: 646

... A. 39:4-88(b); refusal to provide breath samples, N.J.S.A. 39:4-50.2; and failure to keep right, N.J.S.A. 39 ...

docket:	a2080-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-10
status:	Unpublished
citation:
Document Size:	23595

50 STATE OF NEW JERSEY v. MALICK THIOUBOU -- rank: 643

... for motor vehicle operators to defendant as required pursuant to N.J.S.A. 39:4-50.2(e). Defendant ultimately refused to submit to the test, even ... A. 39:4-50; refusal to provide samples of breath, N.J.S.A. 39:4- 50.2; reckless driving, N.J.S.A. 39:4-96; failure ... exclusionary rule is applicable. POINT IV Defendant's conviction of [ N.J.S.A.] 39:4-50.2 (and amended [ N.J.S.A.] 39:4-50.4 ...

docket:	a0716-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-20
status:	Unpublished
citation:
Document Size:	29497

51 STATE OF NEW JERSEY v. EMMITT WORTHY, III -- rank: 643

... 39:4-50; refusal to submit to a breathalyzer test, N.J.S.A. 39:4-50.2; reckless driving, N.J.S.A. 39:4-96; and ... the IDRC for refusing to submit to a breathalyzer test, N.J.S.A. 39:4-50.2; and a concurrent six-month license suspension for leaving the ... device term for refusing to submit to a breathalyzer test, N.J.S.A. 39:4-50.2; and a concurrent six-month license suspension for leaving the ...

docket:	a1780-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-28
status:	unpublished
citation:
Document Size:	25407

52 STATE OF NEW JERSEY v. JERMAINE BURNS -- rank: 643

... finding him guilty of refusal to submit a breath sample. N.J.S.A. 39:4-50.2 The court imposed a seven-month suspension of his driving ... 39:4-50 (DWI); refusal to submit a breath sample, N.J.S.A. 39:4-50.2 (refusal statute); and careless driving, N.J.S.A. 39 ... Vehicle Commission Standard Statement for Operators of a Motor vehicle-- N.J.S.A. 39:4-50.2(e) and that he twice refused the test. Officer Koval ...

docket:	a5033-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-28
status:	unpublished
citation:
Document Size:	22525

53 STATE OF NEW JERSEY v. ROGER PAUL FRYE Before Judges Carchman, Baxter and Nugent On appeal from the Superior Court of New Jersey, Law Division, Camden County, Municipal Appeal No. 43-09 Roger Paul Frye, , -- rank: 638

... to submit to a chemical testing as required pursuant to [ N.J.S.A. ] 39:4-50.2. Pursuant to [ Rule ] 3:23-8(e)[,] the [c]ourt ...

docket:	a4290-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-16
status:	unpublished
citation:
Document Size:	45585

54 STATE OF NEW JERSEY v. LELAN D. HURST -- rank: 638

... 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 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 roadways ... 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 assent ...

docket:	a2683-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-30
status:	unpublished
citation:
Document Size:	49906

55 STATE OF NEW JERSEY v. RAMON A. RODRIGUEZ-ALEJO -- rank: 635

... 39:4-50; refusal to submit to a breath test, N.J.S.A. 39:4-50.2; possession of an open container in a motor vehicle, N ... the Director of the Division of Motor Vehicles pursuant to N.J.S.A. 39:4-50.2(e), revised and effective April 26, 2004, read as follows ...

docket:	a0815-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-25
status:	published
citation:	419 N.J. Super. 33 15 A.3d 876
Document Size:	41470

56 STATE OF NEW JERSEY v. FREDERIC D. SMITH -- rank: 630

... refusing to submit to a breath test, as required by N.J.S.A. 39:4-50.2(e). Officer Mayo also read to defendant a standard statement ...

docket:	a4016-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-22
status:	unpublished
citation:
Document Size:	29591

57 STATE OF NEW JERSEY v. TINA M. YILMAZ -- rank: 625

... plea of guilty to a violation of the refusal statute, N.J.S.A. 39:4-50.2. 1 She was sentenced to fines, penalties, costs, a two ... constituted a refusal to give breath samples in violation of N.J.S.A. 39:4-50.2. On this score, Officer Jackson Harrington of the Clayton Township ... public policy embodied in New Jersey's implied consent law, N.J.S.A. 39:4-50.2, "is the removal of drunk drivers from our highways." Id ... standard statement to anyone subjected to the test pursuant to N.J.S.A. 39:4-50.2(e). Id. at 489. Here, Officer Harrington read aloud paragraphs ... Director of the Motor Vehicle Commission as required pursuant to N.J.S.A. 39:4-50.2(e). Defendant's response to the reading of the first ...

docket:	a0156-13
court:	NJ Superior Court Appellate Division
decided:	2014-11-11
status:	unpublished
citation:
Document Size:	29651

58 STATE OF NEW JERSEY v. RANDALL THULIN -- rank: 625

... the offense as "refusal to submit to blood" and cited N.J.S.A. 39:4-50.2. No separate summons was issued for refusal to submit to ... S.A. 39:4-88, failure to wear a seatbelt, N.J.S.A. 39:4-50.2. At trial, much of Trooper Green's testimony on cross ... the offense as "refused to submit to blood" and cited N.J.S.A. 39:4-50.2 as the statute violated. That statute, known as "New Jersey ... tests to determine the content of alcohol in [their] blood[.]' N.J.S.A. 39:4-50.2(a)." State v. Ravotto , 169 N.J. 227 , 233 (2001 ... a Breathalyzer test result, as provided in subsection (c) of N.J.S.A. 39:4-50.2. However, police often use a blood sample as an alternative ...

docket:	a1691-07
court:	NJ Superior Court Appellate Division
decided:	2008-11-06
status:	unpublished
citation:
Document Size:	33297

59 STATE OF NEW JERSEY v. STEPHEN A. MCMAHON -- rank: 623

... court also imposed a $1000 fine and other mandatory 1 N.J.S.A. 39:4-50. 2 N.J.S.A. 39:4-50.4a. 3 N ... to the following: 1. Driving While Intoxicated in violation of N.J.S.A. 39:4-50; 2. Refusal to Submit to Breath Testing, in violation of N.J.S.A. 39:4-50.2; 3. Reckless Driving, in violation of N.J.S.A ...

docket:	a0450-16
court:	NJ Superior Court Appellate Division
decided:	2017-12-27
status:	unpublished
citation:
Document Size:	38921

60 STATE OF NEW JERSEY v. KENNETH IRELAN -- rank: 620

... 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 at ...

docket:	a6622-03
court:	njappellate
decided:	2005-02-14
status:	published
citation:	375 N.J. Super. 100
Document Size:	50717