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61 STATE OF NEW JERSEY v. LOUIS MCGRATH -- rank: 522

... be required to order installation of an ignition interlock device. N.J.S.A. 39:4-50.4a(a); -50.17(b). Having reviewed defendant's arguments in ... privileges; and imposed minimum required monetary fines and penalties. See N.J.S.A. 39:4-50.4a (setting penalties for refusal to submit to breath test); In ... 430 (2012). A. To sustain a conviction for refusal under N.J.S.A. 39:4-50.4a(a), the State must prove the following beyond a reasonable ...

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status:	unpublished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

62 STATE OF NEW JERSEY v. SALVATORE PAPPALARDO -- rank: 519

... device if defendant refuses to provide breath samples. 1 See N.J.S.A. 39:4-50.4a(a). Thus, defendant contends he was denied due process. We ... Ibid. (citations omitted). To sustain a conviction for refusal under N.J.S.A. 39:4-50.4a(a), the State must prove the following beyond a reasonable ... installation of an ignition interlock, promulgated on January 14, 2010. N.J.S.A. 39:4-50.4a; L. 2009, c. 201, eff. Jan. 14, 2010. The standard ...

docket:	a5567-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-04
status:	unpublished
citation:
Document Size:	19260

63 STATE OF NEW JERSEY v. ANDREA RIVERA -- rank: 519

... s sentence, the Law Division judge noted the refusal statute, N.J.S.A. 39:4-50.4a(3), 'explicitly considers the date of conviction when enhancing a ... v. Frye, 217 N.J. 566, 575-76 (2014) (citing N.J.S.A. 39:4-50.4a). A first-time refusal conviction triggers the suspension of a ... driver's license ranging from seven months to one year. N.J.S.A. 39:4-50.4a. Following a second conviction, a two-year license suspension is ... under this section.'' Frye, 217 N.J. at 576 (quoting N.J.S.A. 39:4-50.4a). Our Supreme Court has held that a defendant's previous ...

docket:	a1946-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-16
status:	Unpublished
citation:
Document Size:	26563

64 STATE OF NEW JERSEY v. SEMA KOKAN -- rank: 517

... to N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4a. 1 We affirm. We derive the following facts from the ... refusal to submit to a breath test in violation of N.J.S.A. 39:4-50.4a. Defendant's boyfriend at the time, A.G., 3 testified ... of refusal to provide a breath test. The refusal statute, N.J.S.A. 39:4-50.4a(a), provides: The municipal court shall determine by a preponderance ... implicates both the implied consent statute, and the refusal statute, N.J.S.A. 39:4-50.4a, as they "not only cross-reference one another internally, but ...

docket:	a1334-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-16
status:	unpublished
citation:
Document Size:	28886

65 STATE OF NEW JERSEY, v. LUKE GARBIN -- rank: 511

... submit to a chemical test under the Implied Consent Law, N.J.S.A. 39:4-50.4a (emphasis added). Defendant contends that "if in order to obtain ...

docket:	a3799-97
court:	njappellate
decided:	1999-11-18
status:	published
citation:	<a href=
Document Size:	30764

66 STATE OF NEW JERSEY v. LELAN D. HURST -- rank: 511

... submit to a [breath test] when requested to do so[.]" N.J.S.A. 39:4-50.4a(a). [T]he implied consent law, N.J.S.A ... of the rights and penalties attendant to a refusal under N.J.S.A. 39:4-50.4a, and as required under O'Driscoll , despite the fact that ...

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

67 State of New Jersey v. James Badessa -- rank: 509

... take the test and was charged under the refusal statute, N.J. S.A. 39:4-50.4a. He then moved to suppress all evidence, including the officer ... refusal to submit to a breathalyzer test, in violation of N.J. S.A. 39:4-50.4a. In Ventnor Municipal Court, defendant claimed that the stop of ... to submit to the test upon request of the officer. [ N.J.S.A. 39:4-50.4a.] Thus, the State must establish that “(1) the arresting officer ... under the influence and “was placed under arrest” for DWI. N.J.S.A. 39:4-50.4a. The principal purpose of a police officer advising a driver ...

docket:	a-94-04
court:	njsupreme
decided:	2005-11-10
status:
citation:	185 N.J. 303
Document Size:	43053

68 STATE OF NEW JERSEY v. DEBORAH HARRIS -- rank: 501

... of refusal to submit to a breath test contrary to N.J.S.A. 39:4- -50.4a. We affirm. The procedural history and facts of this case ... of refusing to take the breath test in violation of N.J.S.A. 39:4- -50.4a. In so ruling, the judge considered and rejected defendant's ... of refusal to provide a breath test. The refusal statute, N.J.S.A. 39:4-50.4a(a), provides: The municipal court shall determine by a preponderance ... station to another and, after she was charged with violating N.J.S.A. 39:4-50.4a, indicated that she understood her Miranda rights and exercised them ...

docket:	a5499-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-26
status:	Unpublished
citation:
Document Size:	24274

69 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: 501

... s conviction for Refusal to Submit to a Chemical Test, N.J.S.A. 39:4-50.4a (the refusal), the narrow issue presented in the Law Division ... revocation of driving privileges for a third-time offender under N.J.S.A. 39:4-50.4a is mandatory. The judge could not exercise discretion in sentencing ...

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

70 STATE OF NEW JERSEY v. LANCE KNOLMAYER -- rank: 498

... constitutionally required burden of proof for a refusal conviction under N.J.S.A. 39:4-50.4a, is proof beyond a reasonable doubt, State v. Cummings , 184 ... the statutory burden of proof specified by the Legislature in N.J.S.A. 39:4-50.4a, was found to be unconstitutional, Cummings , supra , 184 N.J ... Cummings , supra , 184 N.J. at 89, "for prosecutions under N.J.S.A. 39:4-50.4a, the State must prove the statutory elements of a defendant ... or a narcotic, hallucinogenic, or habit-producing drug or marijuana. [ N.J.S.A. 39:4-50.4a.] The inclusion of probable cause as a necessary element of ... his prior DWI conviction when imposing the enhanced penalties of N.J.S.A. 39:4-50.4a. Our decisions are clear on this issue. See State v ...

docket:	a5000-05
court:	njappellate
decided:	2007-03-08
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	32000

71 STATE OF NEW JERSEY v. CARLY A. WOODWARD -- rank: 496

... BEYOND A REASONABLE DOUBT. POINT III PROOF OF GUILT UNDER [ N.J.S .A. ] 39:4-50.4a REQUIRES PRIOR IMPLIED CONSENT; PROOF OF IMPLIED CONSENT UNDER [ N ... BEYOND A REASONABLE DOUBT OF OPERATION. POINT IV GUILT UNDER [ N.J.S .A. ] 39:4-50.4a REQUIRES PROOF THAT THE IMPLIED CONSENT WARNINGS WERE GIVEN. POINT ... DRIVE. POINT X DENIAL OF MERGER OF THE CONVICTION UNDER [ N.J.S .A. ] 39:4-50.4a INTO THE JUDGMENT OF CONVICTION UNDER [ N.J.S .A ...

docket:	a0460-07
court:	NJ Superior Court Appellate Division
decided:	2008-11-19
status:	unpublished
citation:
Document Size:	40743

72 MITCHELL E. LEVINE v. STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DIVISION OF MOTOR VEHICLES -- rank: 490

... 262 N.J. Super. 375 , 382 (App. Div. 1993):             That N.J.S.A. 39:4-50.4a includes the number 50 in its compilation or citation number ... 34.4 essentially repeats the statutory language. Footnote: 3      3 N.J.S.A. 39:4-50.4a was enacted by L. 1981, c. 512 § 2. Its predecessor ...

docket:	A2505-99
court:	NJ Superior Court Appellate Division
decided:	2001-03-13
status:	published
citation:	338 N.J. Super. 28
Document Size:	12341

73 State v.Justin Bealor -- rank: 490

... doubt standard of proof to prosecutions under the Refusal Statute, N.J.S.A. 39:4-50.4a). Therefore, we must examine whether the record in this case ...

docket:	a-31-05
court:
decided:	2006-07-20
status:
citation:	*CITE_PENDING*
Document Size:	81273

74 STATE OF NEW JERSEY v. BELAL RAHIM -- rank: 488

... 4-50 (DWI); refusal to submit to a breath test, N.J.S.A. 39:4- 50.4a; making an unsafe lane change, N.J.S.A. 39 ... at 5-6). In Scudieri, we held: When it amended N.J.S.A. 39:4-50.4a, the Legislature clearly stated that the new legislation would become ...

docket:	a4379-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-10
status:	Unpublished
citation:
Document Size:	17267

75 STATE OF NEW JERSEY v. CHRISTOPHER CLARKE -- rank: 488

... him guilty of refusal to submit to a breathalyzer test, N.J.S.A. 39:4-50.4a, after de novo review. The facts giving rise to this ... statutory elements, which the State must prove for prosecutions under N.J.S.A. 39:4-50.4a, were met beyond a reasonable doubt. See Cu mmings , supra ... the future, however, care should be taken to list instead N.J.S.A. 39:4-50.4a, the exact statutory provision applicable to breathalyzer refusal cases. (continued ...

docket:	a6152-05
court:	njappellate
decided:	2007-11-23
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	35011