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16 STATE OF NEW JERSEY v. JOSEPH ECKERT -- rank: 715

... a conviction for refusal to submit to a breath test, N.J.S.A. 39:4-50.4a, and for driving while intoxicated (DWI), N.J.S.A ... 4-50, and refusal to submit to a breath test, N.J.S.A. 39:4-50.4a, in the Mantua Township Municipal Court. Pursuant to an agreement ... while intoxicated that arises out of the same incident. See N.J.S.A. 39:4-50.4a. As the Court observed in In re Kallen , 92 N ... S.A. 39:4-50.2, and the refusal statute, N.J.S.A. 39:4-50.4a, together advance New Jersey's public policy of preventing drunk ... broadly seeks to punish those who drive while intoxicated, while N.J.S.A. 39:4-50.4a promotes the narrower goal of punishing those who seek to ... subject to a fine of between $300 and $500. See N.J.S.A. 39:4-50.4a(a). The imposition of an enhanced penalty is problematic. ...

docket:	a0216-08
court:	NJ Superior Court Appellate Division
decided:	2009-11-16
status:	published
citation:	410 N.J. Super. 389 982 A.2d 469
Document Size:	55862

17 State v. William O'Driscoll -- rank: 709

... laws, N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4a, the officer read defendant a standard statement designed to inform ... a refusal to submit to breath testing. 8. According to N.J.S.A. 39:4-50.4a, if a court of law finds you guilty of refusing ... S.A. 39:4-50.2, and the refusal law, N.J.S.A. 39:4-50.4a. Marquez , supra , 202 N.J. at 497. The implied consent ... L. 2004, c. 8, § 1 (codified as amended at N.J.S.A. 39:4-50.4a). It raised the penalty for a first offense to a ... than one year, and a fine of $300 to $500. N.J.S.A. 39:4-50.4a(a). Increasing fines and penalties apply to second and subsequent ... and a $2000 fine for a third or subsequent offense. N.J.S.A. 39:4-50.4a(b). As part of the 1977 amendment to the ...

docket:	A-7-12
court:	NJ Supreme Court
decided:	2013-09-18
status:
citation:	215 N.J. 461 73 A.3d 496
Document Size:	73911

18 STATE OF NEW JERSEY v. JAMES L. ROGERS, JR -- rank: 699

... of refusing to submit to a chemical breath test (refusal), N.J.S.A. 39:4-50.4a, and displaying fictitious plates, N.J.S.A. 39:3 ... for ten motor vehicle violations, which included charges for refusal, N.J.S.A. 39:4-50.4a, driving with fictitious plates, N.J.S.A. 39:3 ... breathalyzer test, warranting a reversal of his conviction for refusal. N.J.S.A. 39:4-50.4a provides in pertinent part: a. [T]he municipal court shall ... test. Marquez, 202 N.J. at 490. The refusal statute, N.J.S.A. 39:4-50.4a, provides the penalties for refusing to submit to a breath ... J.S.A. 39:4-50.2(e); then citing N.J.S.A. 39:4-50.4a).] Here, defendant does not contest the State proved the first ...

docket:	a2820-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-03
status:	Unpublished
citation:
Document Size:	45058

19 STATE OF NEW JERSEY v. THOMAS TAYLOR -- rank: 683

... was sentenced by the municipal judge as a "third offender," N.J.S.A. 39:4-50.4a, to a $1006 fine, $33 in court costs, a $100 ... did not qualify as prior offenses within the meaning of N.J.S.A. 39:4-50.4a. Defendant contended that State v. Ciancaglini , 204 N.J. 597 ... Ciancaglini considered whether a defendant previously convicted of refusal under N.J.S.A. 39:4-50.4a, should be sentenced as a first or second offender on ... of enhancing the sentence on a subsequent refusal conviction under N.J.S.A. 39:4-50.4a. Ciancaglini , supra , 204 N.J. at 610 n.10. Specifically ... at 607. As the Court further noted: The refusal statute, N.J.S.A. 39:4-50.4a, is similarly structured with penalties based on whether the conviction ... submit to a [breath test] when requested to do so." N.J.S.A. 39:4-50.4a(a). The length of the license suspension under a ...

docket:	a3923-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-11
status:	published
citation:	440 N.J.Super. 387 113 A.3d 1222
Document Size:	24105

20 State of New Jersey v. John R. Cummings -- rank: 678

... 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, defendant ... 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 consent ... 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 proof ... 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 increase ... 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.J. Super ... are sometimes considered quasi -criminal actions, the legislative history of N.J.S.A. 39:4-50.4a evinces an intent that proceedings under this statute continue ...

docket:	a-65-04
court:	njsupreme
decided:	2005-06-23
status:
citation:	184 N.J. 84
Document Size:	50692

21 State of New Jersey v. James J. Revie -- rank: 675

... for refusing to take a Breathalyzer test, in violation of N.J.S.A. 39:4-50.4a, did not serve as the functional equivalent of a prior ...

docket:	A-31-13
court:	NJ Supreme Court
decided:	2014-12-17
status:
citation:	220 N.J. 126 104 A.3d 221
Document Size:	80476

22 STATE OF NEW JERSEY v. MARIANNE LAMURA -- rank: 672

... trial de novo for refusal to submit to breath analysis, N.J.S.A. 39:4-50.4a, and failure to keep right, N.J.S.A. 39 ... interlock device (IID) installed as a consequence of her refusal. N.J.S.A. 39:4-50.4a(a). As a result, even if the police had the ... IID consequences of her refusing to take the Breathalyzer test. N.J.S.A. 39:4-50.4a(a). Following her arrest, Voelker read to defendant from the ... was adopted as a mandatory consequence for refusal in 2010. N.J.S.A. 39:4-50.4a(a), 50.16, 50.17. Based on that omission, defendant ...

docket:	a1020-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-13
status:	unpublished
citation:
Document Size:	39659

23 STATE OF NEW JERSEY v. PHILLIP G. COLSON -- rank: 664

... guilty plea to refusing to submit to a breath test, N.J.S.A. 39:4- 50.4a. We affirm. On November 29, 2017, defendant was charged with ... A. 39:4-50; refusal to submit to breath testing, N.J.S.A. 39:4- 50.4a; and reckless driving, N.J.S.A. 39:4-96 ... court to the refusal to submit to a breath test, N.J.S.A. 39:4-50.4a. All other charges were dismissed based on the defendant's ... an ignition interlock device based on his conviction for violating N.J.S.A. 39:4-50.4a, because he is a licensed Pennsylvania driver. We disagree. 'When ... to consent to said breath test is criminalized pursuant to N.J.S.A. 39:4-50.4a. A reading of this statute plainly confirms that if the ... motor vehicle owned, leased, or principally operated by the person . . . .' N.J.S.A. 39:4-50.4a(a). Defendant asserts there 'is nothing in the language ...

docket:	a1551-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-13
status:	Unpublished
citation:
Document Size:	16129

24 STATE OF NEW JERSEY v. ANTHONY SCUDIERI -- rank: 662

... A. 39:4-50, and refusal to submit to testing, N.J.S.A. 39:4-50.4a. He pled guilty to the refusal violation and the State ... RESULT. We reject both arguments and affirm. When it amended N.J.S.A. 39:4- 50.4a, the Legislature clearly stated that the new legislation would become ... is neither curative nor ameliorative. As noted, the Legislature revised N.J.S.A. 39:4-50.4a because it concluded that interlock devices 'are more effective in ... 4-50(a), the 2019 amendment to the refusal statute, N.J.S.A. 39:4-50.4a, does not equivalate offense to the time of conviction. III ...

docket:	a0352-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-01
status:	Published
citation:
Document Size:	48459

25 State v. John Widmaier -- rank: 659

... knowingly subject himself to the penalties for refusal mandated by N.J.S.A. 39:4-50.4a. The court suggested that Officer Walker could have done more ... failure to consent are not insignificant. Under the refusal statute, N.J.S.A. 39:4-50.4a, the mandatory sentence for a first conviction is revocation of ... Super. 375 , 380 (App. Div. 1993) (holding that “violation of N.J.S.A. 39:4-50.4a . . . is civil in character”); Todaro , supra , 242 N.J. Super ... a reason to classify the refusal statute as civil. See N.J.S.A. 39:4-50.4a (“The municipal court shall determine by a preponderance of the ... 262 N.J. Super. at 380-81 (finding violation of N.J.S.A. 39:4-50.4a to be “civil in character, requiring only proof by preponderance ... supra , 242 N.J. Super. at 180. The successor statute, N.J.S.A. 39:4-50.4a. Focusing on the more relevant criteria among those used ...

docket:	a-169-97
court:	njsupreme
decided:	1999-03-03
status:
citation:	157 N.J. 475
Document Size:	62149

26 COURT A-1562-12T4 STATE OF NEW JERSEY v. DENIS A. TIGHE -- rank: 638

... 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 or ... 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 on ... 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 privileges of ... dissent, the Court relied on the rather peculiar wording of N.J.S.A. 39:4-50.4a, which then read: "[R]evocation . . . for refusing . . . shall be for ... fact, the Legislature's intent. Id. at 438-39. Although N.J.S.A. 39:4-50.4a has been amended several times since 1981, it still contains ... connection with a third or subsequent offense under this section . . . ." N.J.S.A. 39:4-50.4a. Despite the subsequent amendments to this repeat offender provision, ...

docket:	a1562-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-02-19
status:	Published
citation:
Document Size:	16714

27 State v. Jane H. Chun, et al. -- rank: 635

... operator is not required to issue a summons for refusal. N.J.S.A. 39:4-50.4a. Charging an arrestee with refusal remains largely within the officerâ ... refusal, carries with it the possibility of severe sanctions. See N.J.S.A. 39:4-50.4a. In the face of abundant evidence in the record that ...

docket:	a-96-06
court:
decided:	2008-03-17
status:
citation:	194 N.J. 54
Document Size:	336511

28 STATE OF NEW JERSEY v. LONNIE HILL, JR -- rank: 633

... 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 and ... 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 motor ... 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 court ... 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 Schulhafer more ... also N.J.S.A. 39:4- 50.2(e); N.J.S.A. 39:4-50.4a]. A-5351-16T4 7 Defendant contends the third element was ... statement, is not a material element to a violation of N.J.S.A. 39:4-50.4a.4 The paragraph was intended as an additional 'procedural ...

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

29 STATE OF NEW JERSEY v. CAMILLA A. TOFT -- rank: 630

... offender provision for refusal to submit to a breath test, N.J.S.A. 39:4-50.4a. Hill pled guilty on September 24, 2008 to refusal to submit to a breath test, N.J.S.A. 39:4-50.4a, and was sentenced by the municipal judge to a $1006 ... are bound, we affirm the decisions of the Law Division. N.J.S.A. 39:4-50.4a requires the municipal court to revoke the driving privileges of ... dissent, the Court relied on the rather peculiar wording of N.J.S.A. 39:4-50.4a: [R]evocation . . . for refusing . . . shall be for 90 days unless ... fact, the Legislature's intent. Id. at 438-39. Although N.J.S.A. 39:4-50.4a has been amended several times since 1981, it still contains ...

docket:	a6003-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-26
status:	unpublished
citation:
Document Size:	20006

30 STATE OF NEW JERSEY v. WILLIAM HILL -- rank: 630

... offender provision for refusal to submit to a breath test, N.J.S.A. 39:4-50.4a. Hill pled guilty on September 24, 2008 to refusal to submit to a breath test, N.J.S.A. 39:4-50.4a, and was sentenced by the municipal judge to a $1006 ... are bound, we affirm the decisions of the Law Division. N.J.S.A. 39:4-50.4a requires the municipal court to revoke the driving privileges of ... dissent, the Court relied on the rather peculiar wording of N.J.S.A. 39:4-50.4a: [R]evocation . . . for refusing . . . shall be for 90 days unless ... fact, the Legislature's intent. Id. at 438-39. Although N.J.S.A. 39:4-50.4a has been amended several times since 1981, it still contains ...

docket:	a0640-11
court:	NJ Superior Court Appellate Division
decided:	2012-06-26
status:	unpublished
citation:
Document Size:	20293