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31 STATE OF NEW JERSEY v. ALIBEK SHAYMARDANOV -- rank: 620

... 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 NOVO ... HAVING VIOLATED N.J.S.A. 39:4-50 AND N.J.S.A. 39:4-50.4a CONCURRENTLY WHEN DEFENDANT WAS STATUTORILY REQUIRED TO SERVE THOSE TERMS ... his refusal conviction be considered as a second offense and N.J.S.A. 39:4-50.4a mandates the license suspensions for DWI and refusal run consecutively ... State v. Frye , 217 N.J. 566 , 568 (2014) (citing N.J.S.A. 39:4-50.4a). "The statute provides that a person convicted of refusal will ... subsequent] offense under this section.'" Ibid. (alteration in original) (quoting N.J.S.A. 39:4-50.4a). A defendant's prior DWI convictions are appropriately considered for ... a breath test. Id. at 569. The plain language of N.J.S.A. 39:4-50.4a states if "the refusal was in connection with a ...

docket:	a2653-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-04
status:	unpublished
citation:
Document Size:	35592

32 STATE OF NEW JERSEY v. ANSHU PATHAK -- rank: 617

... with a license suspension imposed on a related DWI conviction. N.J.S.A. 39:4-50.4a(a). However, the court's discretion to run the license ... to the enhanced school zone penalties under the refusal statute, N.J.S.A. 39:4-50.4a(b). The record in this case indicates only that defendant ... to enhance the sentence for a subsequent conviction for refusal, N.J.S.A. 39:4-50.4a. State v. Frye , __ N.J. __ (2014). This archive is a ...

docket:	a2257-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	54776

33 /usr/local/share/www/libweb/collections/courts/appellate/a0861-18.opn.html -- rank: 614

... 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 years ... 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. 2C ...

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Document Size:	19128

34 STATE OF NEW JERSEY v. DENISE R. FLAHERTY -- rank: 612

... 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; and ... 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 defendant ... 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 the ... S.A. 39:4-50.2, and the refusal law, N.J.S.A. 39:4-50.4a, were enacted '[t]o improve enforcement efforts and address the ... citing N.J.S.A. 39:4- 50.2(e); N.J.S.A. 39:4-50.4a).] Currently, the standard statement required to be read to motor ...

docket:	a0826-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-13
status:	Unpublished
citation:
Document Size:	21500

35 MATTHEW ROBINSON v. PEDRO PACHECO, et al. -- rank: 612

... N.J.S.A. 39:4-50.2, rather than N.J.S.A. 39:4-50.4a, which is the statutory provision relating to a motor vehicle ... violation of the provisions of R.S. 39:4-50 . N.J.S.A. 39:4-50.4a provides in pertinent part: a. Except as provided in subsection ... in which case the revocation shall be for ten years. N.J.S.A. 39:4-50.4a also sets forth the fines that must be imposed for ... in violation of N.J.S.A. 39:4-50. N.J.S.A. 39:4-50.4a is the statutory provision that establishes a motor vehicle violation ... submit to a blood alcohol test should be charged under N.J.S.A. 39:4-50.4a rather than N.J.S.A. 39:4-50.4a. It would elevate form over substance to allow plaintiff ...

docket:	A3854-05
court:	NJ Superior Court Appellate Division
decided:	2007-03-13
status:	unpublished
citation:
Document Size:	24113

36 /usr/local/share/www/libweb/collections/courts/supreme/a4214svd.opn.html -- rank: 604

... license suspension, will be entitled to a jury trial, see N.J.S.A. 39:4-50.4a(a), whereas the motorist who takes the breathalyzer will be ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	212375

37 Jersey v. James R. Denelsbeck -- rank: 604

... license suspension, will be entitled to a jury trial, see N.J.S.A. 39:4-50.4a(a), whereas the motorist who takes the breathalyzer will be ...

docket:	a-42-14
court:	New Jersey Supreme Court
decided:	2016-05-12
status:
citation:
Document Size:	212208

38 STATE OF NEW JERSEY v. IRIS QUINTERO -- rank: 604

... novo conviction for refusal to submit to a breath test, N.J.S.A. 39:4-50.4a. Defendant argues that her conviction should be vacated because the ... 39:4-50, refusal to submit to a breath test, N.J.S.A. 39:4-50.4a, 3 and careless driving, N.J.S.A. 39:4 ... S.A. 39:4-50.2, and the refusal law, N.J.S.A. 39:4-50.4a." State v. O'Driscoll , 215 N.J. 461 , 472-73 ... 300 or more than $500 for a first offense." See N.J.S.A. 39:4-50.4a. The statement is similarly flawed, defendant continues, because it merely ...

docket:	a2186-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-27
status:	published
citation:	443 N.J.Super. 620 129 A.3d 1125
Document Size:	26085

39 STATE OF NEW JERSEY v. JOEL D. CINTRON -- rank: 601

... 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.A ... 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 charged ... violation of N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4a, and thus to sustain convictions under N.J.S.A ... of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug[.]" 6 N.J.S.A. 39:4-50.4a makes it a crime to refuse to submit to a ...

docket:	a1342-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-23
status:	unpublished
citation:
Document Size:	34316

40 STATE OF NEW JERSEY v. SEAN WATKINS -- rank: 598

... 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 a ... 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 a ... 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 ... 193 (App. Div. 1996), noting "our courts have consistently interpreted [ N.J.S.A. 39:4-50.4a] as requiring that a prior DWI conviction be deemed a ... defendant's conviction for refusal was a second offense under N.J.S.A. 39:4-50.4a that required the mandatory license revocation period of two years ...

docket:	a2594-07
court:	NJ Superior Court Appellate Division
decided:	2009-04-02
status:	unpublished
citation:
Document Size:	45151

41 STATE OF NEW JERSEY v. LORI YAKITA -- rank: 591

... and refusal to submit to a chemical breath test (refusal), N.J.S.A. 39:4-50.4a. In May 2017, the municipal court conducted a one-day ... DOUBT THERETO, DEFENDANT'S CONVICTION FOR REFUSAL IN VIOLATION OF N.J.S.A. 39:4- 50.4A MUST BE REVERSED BY THE APPELLATE DIVISION SINCE THE FIRST ... POINT III DEFENDANT'S CONVICTION FOR REFUSAL IN VIOLATION OF N.J.S.A. 39:4-50.4a SHOULD BE REVERSED AND REMANDED FOR A NEW TRIAL BASED ... also N.J.S.A. 39:4-50.2(e); N.J.S.A. 39:4-50.4a]. Refusal is 'a separate and distinct offense from conviction of ... requested to do so will be charged with refusal under N.J.S.A. 39:4-50.4a. Ultimately, ''anything substantially short of an unconditional, unequivocal assent to ...

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

42 STATE OF NEW JERSEY v. JENNIFER O'NEILL -- rank: 572

... of guilt to refusing to submit to a breath test, N.J.S.A. 39:4-50.4a, defendant Jennifer O'Neill appealed the municipal court's denial ... 4-50; (2) Refusing to Submit to a Breath Test, N.J.S.A. 39:4-50-4a; (3) Speeding, N.J.S.A. 39:4-98; and ... citing N.J.S.A. 39:4-50.2(e); N.J.S.A. 39:4-50.4a(a)). This archive is a service of Rutgers School of ...

docket:	a5937-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-10
status:	unpublished
citation:
Document Size:	21992

43 STATE OF NEW JERSEY v. FRANCIS STINE -- rank: 567

... 15(b); refusal to submit to alcohol testing, contrary to N.J.S.A. 39:4-50.4a; failure to maintain lane, contrary to N.J.S.A ...

docket:	a4637-08
court:	NJ Superior Court Appellate Division
decided:	2010-10-04
status:	unpublished
citation:
Document Size:	43389

44 GEORGE CASTANO v. WENDELL D. AUGUSTINE -- rank: 567

... in violation of [N.J.S.A.] 39:4-50, [N.J.S.A. 39:4-50.4a], [1] or a similar statute from any other jurisdiction, in ... the legal limit at the time of the accident. 1 N.J.S.A. 39:4-50.4a punishes the refusal to submit to a breath test after ... in violation of [ N.J.S.A.] 39:4-50, [ N.J.S.A. 39:4- 50.4a] or a similar statute from any other jurisdiction, in connection ...

docket:	a3925-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-06
status:	Published
citation:
Document Size:	29448

45 STATE OF NEW JERSEY v. HUGH BRESLIN -- rank: 564

... year suspension of his driving privileges as a second offender, N.J.S.A. 39:4-50.4a. We affirm both the conviction and the sentence imposed. Defendant ... to a two-year suspension as a second offender under N.J.S.A. 39:4-50.4a because his first conviction under the refusal statute was subject ... in DiSomma , from seeking the elevated two-year penalty under N.J.S.A. 39:4-50.4a. N.J.S.A. 39:4-50.4a provides in pertinent part: a. Except as provided in subsection ... from being considered in determining a defendant's status under N.J.S.A. 39:4-50.4a as a second offender after a second conviction of the ...

docket:	a6074-05
court:	njappellate
decided:	2007-05-09
status:	published
citation:	392 N.J. Super. 584
Document Size:	43004