Search Rutgers Law Library N.J. Court Opinions

46 /usr/local/share/www/libweb/collections/courts/appellate/a2506-17.opn.html -- rank: 559

... was convicted of refusal to submit to a breath test, N.J.S.A. 39:4-50.4a; and failure to maintain a lane, N.J.S.A ... citing N.J.S.A. 39:4-50.2(e); N.J.S.A. 39:4-50.4a(a); State v. Wright, 107 N.J. 488, 490 (1987 ... requested to do so will be charged with refusal under N.J.S.A. 39:4-50.4a, triggering a mandatory suspension of the motorist's driving privileges ... of refusing to submit to such test in accordance with [N.J.S.A. 39:4-50.4a]' and '[a] standard statement . . . shall be read by the police ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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47 STATE OF NEW JERSEY v. RICHARD D. LORA -- rank: 559

... 4-50, and refusal to submit to a breath test, N.J.S.A. 39:4-50.4a. We affirm. We derive the following facts from the trial ... 4-50, and refusal to submit to a breath test, N.J.S.A. 39:4-50.4a.2 The municipal court judge denied defendant's motion to ... pre-recorded Standard Statement was sufficient to satisfy the statute, N.J.S.A. 39:4-50.4a, and that the facts support a conviction beyond a reasonable ...

docket:	a1082-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-13
status:	Unpublished
citation:
Document Size:	26570

48 STATE OF NEW JERSEY v. JOSEPH MASTROMONACO -- rank: 559

... STATE FAILED TO PROVE THE CHARGE OF REFUSAL TO SUBMIT ( N.J.S.A. 39:4-50.4a) BEYOND A REASONABLE DOUBT. THE RESULT BELOW WAS NOT REASONABLY ... or conclusions is plenary. Ibid. Defendant was convicted of violating N.J.S.A. 39:4-50.4a which provides in pertinent part: Except as provided in subsection ... 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 [now prepared ...

docket:	a5103-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-30
status:	unpublished
citation:
Document Size:	44977

49 STATE OF NEW JERSEY v. JOHN B. CHAMBERS -- rank: 559

... to a minimum seven month, See footnote 7 license suspension, N.J.S.A. 39:4-50.4a. The Legislature may have contemplated that in sentencing first offenders ...

docket:	a6987-03
court:	njappellate
decided:	2005-05-13
status:	published
citation:	377 N.J. Super. 365
Document Size:	31783

50 STATE OF NEW JERSEY v. DONALD P. MIMNAUGH -- rank: 556

... 50, and guilty of refusing to submit to chemical tests, N.J.S.A. 39:4-50.4a, per a negotiated plea agreement. We affirm largely for reasons ... A. 39:4-50; refusal to submit to chemical tests, N.J.S.A. 39:4-50.4a; refusal to consent to take samples of breath samples, N ... violations of N.J.S.A. 39:4-50 and N.J.S.A. 39:4-50.4a, reserving his ability to appeal the denial of his suppression ... of N.J.S.A. 39:4-50 and to N.J.S.A. 39:4-50.4a. The other summonses were dismissed. 4 3 We were not ...

docket:	a0611-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-08
status:	Unpublished
citation:
Document Size:	25971

51 STATE OF NEW JERSEY v. JEFFREY S. ZEIKEL -- rank: 548

... conviction for refusal to submit to a chemical test under N.J.S.A. 39:4-50.4a could not be counted as a prior DWI conviction to ...

docket:	a1495-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-09
status:	published
citation:	423 N.J. Super. 34 30 A.3d 339
Document Size:	42222

52 Frederick W. Voss v. Kristoffe J. Tranquilino -- rank: 548

... violation of [ N.J.S.A. ] 39:4-50 . . . [or N.J.S.A. ] 39:4-50.4a[], or a similar statute from any other jurisdiction, in connection ... S.A. 39:4-50 (prohibiting driving while intoxicated); and N.J.S.A. 39:4-50.4a(a) (revoking license of person refusing to submit to breathalyzer ...

docket:	A-110-09
court:	NJ Supreme Court
decided:	2011-06-01
status:
citation:	206 N.J. 93 19 A.3d 470
Document Size:	56184

53 STATE OF NEW JERSEY v. SHERRI CAIRNS -- rank: 546

... her conviction for refusal to submit to a breath test, N.J.S.A. 39:4-50.4a, following her arrest for driving while intoxicated (DWI), N.J ... POLICE OFFICER. POINT IV IN A PROSECUTION ALLEGING VIOLATION OF N.J.S.A. 39:4-50.4A, THE POLICE MUST VIDEO RECORD ALL PROCEEDINGS FROM THE READING ... requested to do so will be charged with refusal under N.J.S.A. 39:4-50.4a, triggering a mandatory suspension of the motorist's driving privileges ... 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 be ...

docket:	a3675-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-20
status:	unpublished
citation:
Document Size:	36789

54 STATE OF NEW JERSEY v. WILLIAM O'DRISCOLL -- rank: 540

... 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 ... 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 following elements ... conclusion is supported by the plain language of the statute. N.J.S.A. 39:4-50.4a(a) sets forth the elements that must be proven by ...

docket:	a4341-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-01
status:	unpublished
citation:
Document Size:	30613

55 STATE OF NEW JERSEY v. ANNE SHEARMAN -- rank: 530

... 50; and refusal to submit to a chemical breath test, N.J.S.A. 39:4-50.4a. The court grounded its finding of DUI on defendant's ... chemical breath test. To sustain a conviction for refusal under N.J.S.A. 39:4-50.4a, the State must prove the following beyond a reasonable doubt ...

docket:	a1780-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-21
status:	unpublished
citation:
Document Size:	55083

56 /usr/local/share/www/libweb/collections/courts/appellate/a3558-16.opn.html -- rank: 527

... de novo of refusal to submit to a chemical test, N.J.S.A. 39:4-50.4a (refusal statute), and failure to maintain a lane, N.J ... A-3558-16T3 8 POINT II THE CONVICTION FOR VIOLATING N.J.S.A. 39:4- 50.[4a] SHOULD BE REVERSED BECAUSE AT THE TRIAL DE NOVO THE ... CONSENT TO A BREATH SAMPLE, CONTRARY TO THE PROVISIONS OF N.J.S.A. 39:4-50.[4a]. Our standard of review is well-settled. The trial judge ...

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57 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the STATE OF NEW JERSEY v. AMY BLOODWORTH -- rank: 527

... 4- 50, and for refusal to submit a breath test, N.J.S.A. 39:4-50.4a. Having considered defendant's argument in light of the facts ... A. 39:4-50; refusal to submit a breath test, N.J.S.A. 39:4-50.4a; possession of an open alcoholic beverage in a motor vehicle ... test. [State v. Marquez, 202 N.J. 485, 503 (2010); N.J.S.A. 39:4-50.4a]. 10 A-2570-15T2 When a defendant is informed of ...

docket:	a2570-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-03
status:	unpublished
citation:
Document Size:	44692

58 STATE OF NEW JERSEY v. RICHARD CAMPBELL January 13, 2014 -- rank: 525

... 4-50.2, and was sentenced as a "second offender," N.J.S.A. 39:4-50.4a, by the municipal judge to a $756 fine, $33 in ... 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 ...

docket:	a3153-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-14
status:	unpublished
citation:
Document Size:	10016

59 STATE OF NEW JERSEY v. STEVEN B. WATSON, JR -- rank: 525

... 50 or section 2 of P.L.1981, c.512 ([ N.J.S.A. ] 39:4-50.4a). A person convicted of an offense under this subsection shall ...

docket:	a1603-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-22
status:	unpublished
citation:
Document Size:	37245

60 STATE OF NEW JERSEY v. RANDALL THULIN -- rank: 522

... test. The Law Division concluded defendant was guilty of violating N.J.S.A. 39:4-50.4a. The court relied on the State Trooper's testimony that ... he judge was persuaded that a refusal conviction, pursuant to N.J.S.A. 39:4-50.4a, was sustainable based upon Trooper Green's trial testimony that ... made by a person or physician of his own selection." N.J.S.A. 39:4-50.4a. Ibid. The penalties for refusal to cooperate are imposed solely ...

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