Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY , v. ANDRES I. CHAVARRIA -- rank: 1000

... 39:4-50.4a, refusal to provide a breath sample. N.J.S.A. 2C:40-26(b). Defendant also pleaded guilty to DUI. In accordance with ... as a condition of probation for defendant's convictions under N.J.S.A. 2C:40-26(b). The court also imposed a 180-day concurrent custodial ... our consideration: THE SENTENCES IMPOSED UPON DEFENDANT ARE ILLEGAL, AS [ N.J.S.A.] 2C:40-26 REQUIRES A SENTENCE OF IMPRISONMENT, PROBATIONARY SENTENCES CANNOT INCLUDE PERIODS ... In the first instance, defendant notes that a conviction under N.J.S.A. 2C:40-26 requires imposition of a 'term of imprisonment' which shall include ... during which the defendant shall not be eligible for parole.' N.J.S.A. 2C:40-26(c). He contends that, because a term of imprisonment with ... minimum period of parole ineligibility is a required disposition under N.J.S.A. 2C:40-26, a sentence of imprisonment as a condition of probation ...

docket:	a4473-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-04
status:	Published
citation:
Document Size:	60650

2 State v. Rene M. Rodriguez -- rank: 958

... period of license suspension for driving while intoxicated (DWI) under N.J.S.A. 2C:40-26. The issue presented is whether N.J.S.A. 2C:40-26(c) -- which prescribes a “fixed minimum” sentence of at ... Id. at 224-25. The panel also pointed out that N.J.S.A. 2C:40-26(c) contains no language requiring that days be served consecutively ... sentenced to a fixed minimum term of parole ineligibility under N.J.S.A. 2C:40-26(c) may not serve his or her sentence intermittently at ... N.J.S.A. 2C:43- 2(a), (b)(7). N.J.S.A. 2C:40-26 makes it a crime of the fourth degree to either ... which the defendant shall not be eligible for parole.” N.J.S.A. 2C:40-26(c) (emphases added). The issue is whether that provision ...

docket:	a-80-17
court:	NJ Supreme Court
decided:	2019-05-21
status:
citation:	238 N.J. 105 207 A.3d 1269
Document Size:	43710

3 /usr/local/share/www/libweb/collections/courts/appellate/a5077-15a5078-15a5146-15a5147-15a5160-15.opn.html -- rank: 940

... operating a motor vehicle during a period of license suspension. N.J.S.A. 2C:40-26. The statute prescribes a sentence of a 'fixed minimum' term of at least 180 days without parole eligibility. N.J.S.A. 2C:40- 26(c). We must decide whether the trial court exceeded its ... matters for resentencing. I. Four defendants pleaded guilty to violating N.J.S.A. 2C:40- 26(b). Appearing before the same judge, they admitted they drove ... 39:4-50. A fifth defendant pleaded guilty to violating N.J.S.A. 2C:40-26(a). She admitted driving a motor vehicle while her license ... Rodriguez pleaded guilty to two separate indictments charging violations of N.J.S.A. 2C:40-26(b). The first charged a violation on July 11, 2012 ... day minimum. 3 Colon's indictment charged a violation of N.J.S.A. 2C:40-26(b), which requires at least two prior DUI convictions. ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	64436

4 STATE OF NEW JERSEY, V. ENOC PIMENTEL -- rank: 930

... with, among other things, the fourth-degree criminal offense under N.J.S.A. 2C:40-26, which prohibits driving with a license suspended due to a ... 180 days. Defendant moved to dismiss the indictment, arguing that N.J.S.A. 2C:40- 26 is invalid under the United States and New Jersey State ... we concur with the trial court and likewise conclude that N.J.S.A. 2C:40-26 does not violate the constitutional principles invoked by defendant. We ... of license suspension pursuant to a second or subsequent DWI, N.J.S.A. 2C:40-26(b). Defendant's driving record is woefully non-exemplary. His ... license count of the indictment by challenging the constitutionality of N.J.S.A. 2C:40-26. He did not, however, challenge the sufficiency of this count ... he argued the six-month mandatory minimum sentence imposed by N.J.S.A. 2C:40- 26(c) constitutes cruel and unusual punishment under the Eighth ...

docket:	a2814-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-22
status:	Published
citation:
Document Size:	56489

5 STATE OF NEW JERSEY v. CHRISTOPHER CARRIGAN -- rank: 883

... Christopher Carrigan with a violation of a relatively new statute, N.J.S.A. 2C:40-26(b). The statute, which became effective on August 1, 2011 ... trial court dismissed the complaint, concluding that the application of N.J.S.A. 2C:40-26(b) to defendant violated ex post facto principles, essentially because ... statute's effective date. We conclude that a violation of N.J.S.A. 2C:40-26(b) comprises a new offense based upon new conduct, and ... January 18, 2010, the Legislature enacted the provision at issue, N.J.S.A. 2C:40-26(b), which provides that: It shall be a crime of ... multiple prior DWI or refusal convictions. Before the enactment of N.J.S.A. 2C:40-26(b), such an offender only faced the sanctions that are ... J.S.A. 2C:43-6(a)(4), and, moreover, N.J.S.A. 2C:40-26(b) expressly carries a mandatory minimum penalty of 180 ...

docket:	a3751-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-15
status:	published
citation:	428 N.J.Super. 609 55 A.3d 87
Document Size:	43357

6 /usr/local/share/www/libweb/collections/courts/appellate/a0861-18.opn.html -- rank: 849

... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b). He contends based on State v. Laurick, 120 N ... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b). For each offense, defendant acknowledged that at the time ... conviction of N.J.S.A 39:3-40 or N.J.S.A. 2C:40-26 pursuant to [Laurick].' On October 23, 2018, defendant was sentenced ... rejected defendant's request that he apply Laurick on the N.J.S.A. 2C:40-26(b) charges. He found Laurick was 'inapplicable' because 'there is ... opposed to a mandatory minimum sentence under 2C:40-26.' N.J.S.A. 2C:40-26 was a 'mandatory minimum sentence,' and not an 'enhanced sentence ... these issues: SENTENCING APPELLANT TO IMPRISONMENT OF 180 DAYS UNDER N.J.S.A. 2C:40-26 WOULD BRING ABOUT AN INCREASED PERIOD OF INCARCERATION AS ...

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Document Size:	19128

7 STATE OF NEW JERSEY v. IDRIS R. PERRY -- rank: 829

... the court was delivered by ALVAREZ, P.J.A.D. N.J.S.A. 2C:40-26(a) and (b) make driving while suspended a fourth-degree ... period of suspension, resulting in the indictment on appeal under N.J.S.A. 2C:40-26(a). Judge Douglas K. Wolfson granted Perry's motion to ... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40 26(a). Nay's motion to dismiss the indictment was granted ... was indicted on March 7, 2013, for driving while suspended, N.J.S.A. 2C:40-26(a). Evans's motion to dismiss the indictment was granted ... operating a motor vehicle during a period of suspension under N.J.S.A. 2C:40-26(a). Papp's motion to dismiss the indictment was granted ... indicted Brewer for driving during a period of license suspension, N.J.S.A. 2C:40 26(b). On December 16, 2013, the trial court denied ...

docket:	a1767-13
court:	New Jersey Superior Court Appellate Division
decided:	2015-03-03
status:	Published
citation:
Document Size:	55545

8 STATE OF NEW JERSEY v. IDRIS R. PERRY -- rank: 809

... the court was delivered by ALVAREZ, P.J.A.D. N.J.S.A. 2C:40-26(a) and (b) make driving while suspended a fourth-degree ... period of suspension, resulting in the indictment on appeal under N.J.S.A. 2C:40-26(a). Judge Douglas K. Wolfson granted Perry's motion to ... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40 26(a). Nay's motion to dismiss the indictment was granted ... was indicted on March 7, 2013, for driving while suspended, N.J.S.A. 2C:40-26(a). Evans's motion to dismiss the indictment was granted ... operating a motor vehicle during a period of suspension under N.J.S.A. 2C:40-26(a). Papp's motion to dismiss the indictment was granted ... indicted Brewer for driving during a period of license suspension, N.J.S.A. 2C:40 26(b). On December 16, 2013, the trial court denied ...

docket:	a2533
court:	NJ Superior Court Appellate Division
decided:	2015-03-03
status:	published
citation:
Document Size:	55578

9 STATE OF NEW JERSEY v. IDRIS R. PERRY -- rank: 809

... the court was delivered by ALVAREZ, P.J.A.D. N.J.S.A. 2C:40-26(a) and (b) make driving while suspended a fourth-degree ... period of suspension, resulting in the indictment on appeal under N.J.S.A. 2C:40-26(a). Judge Douglas K. Wolfson granted Perry's motion to ... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40 26(a). Nay's motion to dismiss the indictment was granted ... was indicted on March 7, 2013, for driving while suspended, N.J.S.A. 2C:40-26(a). Evans's motion to dismiss the indictment was granted ... operating a motor vehicle during a period of suspension under N.J.S.A. 2C:40-26(a). Papp's motion to dismiss the indictment was granted ... indicted Brewer for driving during a period of license suspension, N.J.S.A. 2C:40 26(b). On December 16, 2013, the trial court denied ...

docket:	a2531
court:	NJ Superior Court Appellate Division
decided:	2015-03-03
status:	published
citation:
Document Size:	55575

10 STATE OF NEW JERSEY v. IDRIS R. PERRY -- rank: 809

... the court was delivered by ALVAREZ, P.J.A.D. N.J.S.A. 2C:40-26(a) and (b) make driving while suspended a fourth-degree ... period of suspension, resulting in the indictment on appeal under N.J.S.A. 2C:40-26(a). Judge Douglas K. Wolfson granted Perry's motion to ... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40 26(a). Nay's motion to dismiss the indictment was granted ... was indicted on March 7, 2013, for driving while suspended, N.J.S.A. 2C:40-26(a). Evans's motion to dismiss the indictment was granted ... operating a motor vehicle during a period of suspension under N.J.S.A. 2C:40-26(a). Papp's motion to dismiss the indictment was granted ... indicted Brewer for driving during a period of license suspension, N.J.S.A. 2C:40 26(b). On December 16, 2013, the trial court denied ...

docket:	a1767
court:	NJ Superior Court Appellate Division
decided:	2015-03-03
status:	published
citation:
Document Size:	55578

11 STATE OF NEW JERSEY v. IDRIS R. PERRY -- rank: 809

... the court was delivered by ALVAREZ, P.J.A.D. N.J.S.A. 2C:40-26(a) and (b) make driving while suspended a fourth-degree ... period of suspension, resulting in the indictment on appeal under N.J.S.A. 2C:40-26(a). Judge Douglas K. Wolfson granted Perry's motion to ... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40 26(a). Nay's motion to dismiss the indictment was granted ... was indicted on March 7, 2013, for driving while suspended, N.J.S.A. 2C:40-26(a). Evans's motion to dismiss the indictment was granted ... operating a motor vehicle during a period of suspension under N.J.S.A. 2C:40-26(a). Papp's motion to dismiss the indictment was granted ... indicted Brewer for driving during a period of license suspension, N.J.S.A. 2C:40 26(b). On December 16, 2013, the trial court denied ...

docket:	a1768
court:	NJ Superior Court Appellate Division
decided:	2015-03-03
status:	published
citation:
Document Size:	55578

12 /usr/local/share/www/libweb/collections/courts/appellate/a1770-13.opn.html -- rank: 809

... the court was delivered by ALVAREZ, P.J.A.D. N.J.S.A. 2C:40-26(a) and (b) make driving while suspended a fourth-degree ... period of suspension, resulting in the indictment on appeal under N.J.S.A. 2C:40-26(a). Judge Douglas K. Wolfson granted Perry's motion to ... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40 26(a). Nay's motion to dismiss the indictment was granted ... was indicted on March 7, 2013, for driving while suspended, N.J.S.A. 2C:40-26(a). Evans's motion to dismiss the indictment was granted ... operating a motor vehicle during a period of suspension under N.J.S.A. 2C:40-26(a). Papp's motion to dismiss the indictment was granted ... indicted Brewer for driving during a period of license suspension, N.J.S.A. 2C:40 26(b). On December 16, 2013, the trial court denied ...

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court:	superior court trial
decided:
status:
citation:
Document Size:	55014

13 STATE OF NEW JERSEY v. IDRIS R. PERRY -- rank: 809

... the court was delivered by ALVAREZ, P.J.A.D. N.J.S.A. 2C:40-26(a) and (b) make driving while suspended a fourth-degree ... period of suspension, resulting in the indictment on appeal under N.J.S.A. 2C:40-26(a). Judge Douglas K. Wolfson granted Perry's motion to ... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40 26(a). Nay's motion to dismiss the indictment was granted ... was indicted on March 7, 2013, for driving while suspended, N.J.S.A. 2C:40-26(a). Evans's motion to dismiss the indictment was granted ... operating a motor vehicle during a period of suspension under N.J.S.A. 2C:40-26(a). Papp's motion to dismiss the indictment was granted ... indicted Brewer for driving during a period of license suspension, N.J.S.A. 2C:40 26(b). On December 16, 2013, the trial court denied ...

docket:	a1769
court:	NJ Superior Court Appellate Division
decided:	2015-03-03
status:	published
citation:
Document Size:	55579

14 /usr/local/share/www/libweb/collections/courts/appellate/a1768-13.opn.html -- rank: 809

... the court was delivered by ALVAREZ, P.J.A.D. N.J.S.A. 2C:40-26(a) and (b) make driving while suspended a fourth-degree ... period of suspension, resulting in the indictment on appeal under N.J.S.A. 2C:40-26(a). Judge Douglas K. Wolfson granted Perry's motion to ... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40 26(a). Nay's motion to dismiss the indictment was granted ... was indicted on March 7, 2013, for driving while suspended, N.J.S.A. 2C:40-26(a). Evans's motion to dismiss the indictment was granted ... operating a motor vehicle during a period of suspension under N.J.S.A. 2C:40-26(a). Papp's motion to dismiss the indictment was granted ... indicted Brewer for driving during a period of license suspension, N.J.S.A. 2C:40 26(b). On December 16, 2013, the trial court denied ...

docket:
court:	superior court trial
decided:
status:
citation:
Document Size:	55014

15 STATE OF NEW JERSEY v. IDRIS R. PERRY -- rank: 809

... the court was delivered by ALVAREZ, P.J.A.D. N.J.S.A. 2C:40-26(a) and (b) make driving while suspended a fourth-degree ... period of suspension, resulting in the indictment on appeal under N.J.S.A. 2C:40-26(a). Judge Douglas K. Wolfson granted Perry's motion to ... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40 26(a). Nay's motion to dismiss the indictment was granted ... was indicted on March 7, 2013, for driving while suspended, N.J.S.A. 2C:40-26(a). Evans's motion to dismiss the indictment was granted ... operating a motor vehicle during a period of suspension under N.J.S.A. 2C:40-26(a). Papp's motion to dismiss the indictment was granted ... indicted Brewer for driving during a period of license suspension, N.J.S.A. 2C:40 26(b). On December 16, 2013, the trial court denied ...

docket:	a2536
court:	NJ Superior Court Appellate Division
decided:	2015-03-03
status:	published
citation:
Document Size:	55578