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106 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 parties in the case and its use in other cases is limited. R.1:36-3 STATE OF NEW JERSEY v. -- rank: 449

... J.S.A. 39:4-50.4, in violation of N.J.S.A. 2C:40-26 (b). The indictment arose out of defendant's arrest on ... policy" to reject admission into PTI, persons charged with violating N.J.S.A. 2C:40-26. Finally, defendant maintained that given her maturity and the fact ... admission into PTI those persons charged with a violation of N.J.S.A. 2C:40-26. Those factors also represented individual characteristics of defendant that clearly ...

docket:	a1649-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-27
status:	unpublished
citation:
Document Size:	18189

107 STATE OF NEW JERSEY v. EMMA PRESTON -- rank: 446

... fourth-degree driving while suspended for a second DWI conviction, N.J.S.A. 2C:40-26(b), and third-degree assault by auto, N.J.S ... fourth-degree driving while suspended for a second DWI conviction, N.J.S.A. 2C:40-26(b), third-degree representing self as another, N.J.S ... 4541-16T3 driving while suspended for a second DWI conviction, N.J.S.A. 2C:40-26(b), and will determine whether the 2016 DWI charge, if ...

docket:	a4541-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-16
status:
citation:
Document Size:	24513

108 STATE OF NEW JERSEY v. ROBERT J. HULME -- rank: 444

... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b). Defendant's passenger was also a suspended driver. Defendant ... 2016), however, he applied for PTI. Rizzitello holds that an N.J.S.A. 2C:40-26(b) charge is not a per se bar to admission ... application, relying upon the public policy behind the adoption of N.J.S.A. 2C:40-26(b), as well as defendant's 'blatant disregard for the ...

docket:	a3857-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-25
status:	unpublished
citation:
Document Size:	17639

109 STATE OF NEW JERSEY v. JOHN P. KELLY -- rank: 444

... vehicle during a second or subsequent license suspension for DWI, N.J.S.A. 2C:40-26(b). Defendant sought admission into the PTI program. The Probation ... of termination of the existing revocation or suspension period."). Thus, N.J.S.A. 2C:40-26(b) applied to him. Cf. State v. Perry , 439 N ...

docket:	a0181-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-25
status:	unpublished
citation:
Document Size:	31216

110 STATE OF NEW JERSEY v. PATRICK HEALY -- rank: 444

... two or more convictions of driving while intoxicated (DWI), 1 N.J.S.A. 2C:40-26(b). Defendant was also charged with the disorderly persons offense ... parole in the Gloucester County Correctional Facility as mandated by N.J.S.A. 2C:40-26(c). He also suspended defendant's driver's license for ... suspended or revoked for a second or more DWI convictions. N.J.S.A. 2C:40- 26(b). Defendant does not dispute that the State met its ...

docket:	a1425-16
court:	NJ Superior Court Appellate Division
decided:	2020-02-11
status:	Unpublished
citation:
Document Size:	23272

111 STATE OF NEW JERSEY v. ROBERT J. GARDNER -- rank: 434

... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b) (count four); and fourth-degree assault by auto, N ...

docket:	a2550-19
court:	NJ Superior Court Appellate Division
decided:	2023-01-27
status:	Unpublished
citation:
Document Size:	69762

112 /usr/local/share/www/libweb/collections/courts/appellate/a2338-19.opn.html -- rank: 429

... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b). Defendant was tried before a jury in September 2019 ... 428 N.J. Super. 609, 624 (App. Div. 2012) (recognizing N.J.S.A. 2C:40-26 as a 'recidivist statute'). We also reject defendant's argument ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	28465

113 STATE OF NEW JERSEY v. RICARDO J. SALAZAR -- rank: 429

... a conditional guilty plea to fourth-degree driving while suspended, N.J.S.A. 2C:40-26(b), and on July 31, 2015, was sentenced to six ... but rather, to offer an alternative. He quoted the statute, N.J.S.A. 2C:40-26(b): "It shall be a crime of the fourth degree ... used to find a defendant guilty of a violation of N.J.S.A. 2C:40-26(b). "In [ Ciancaglini ], however, the Court left undisturbed the holding ...

docket:	a0219-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-11
status:	unpublished
citation:
Document Size:	15149

114 STATE OF NEW JERSEY v. MARTI WOODWARD -- rank: 424

... a motor vehicle during a second or subsequent license suspension, N.J.S.A. 2C:40-26(b). The judge found aggravating factors three and nine, imposed ... for a second or subsequent DWI conviction, in violation of N.J.S.A. 2C:40-26(b), which provides: It shall be a crime of the ... DWI or Refusal to Submit to a Chemical Breath Test ( N.J.S.A. 2C:40- 26)' (rev. Apr. 11, 2016).] A-4011-17T4 4 Defendant contends ...

docket:	a4011-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-20
status:	Unpublished
citation:
Document Size:	16322

115 STATE OF NEW JERSEY v. SARAH MURRAR -- rank: 422

... suspended for a second or subsequent driving while intoxicated conviction, N.J.S.A. 2C:40-26(c). We affirm. Defendant was also charged with third-degree ... PROGRAM BECAUSE OF THE MANDATORY JAIL SENTENCE SHE FACED UNDER N.J.S.A. 2C:40-26. Defendant argues in her brief she was drug-dependent, would ... offenders like defendant." While acknowledging the mandatory incarceration requirement of N.J.S.A. 2C:40-26(c), the State consented to defendant's admission into Drug ...

docket:	a3806-13
court:	NJ Superior Court Appellate Division
decided:	2016-07-05
status:	unpublished
citation:
Document Size:	16405

116 STATE OF NEW JERSEY v. CHARLES E. HUNT -- rank: 409

... Legislature adopted L. 2009, c. 333, § 1 (codified at N.J.S.A. 2C:40-26(b)), which made it a fourth-degree crime to drive ... an analogy to post-revocation sanctions discussed in Johnson , supra . N.J.S.A. 2C:40-26(b) does not change the duration of the license suspensions ...

docket:	a3136-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-17
status:	unpublished
citation:
Document Size:	23717

117 STATE OF NEW JERSEY IN THE INTEREST OF JUVENILE, I.C. -- rank: 407

... were not serving a "term of imprisonment" as required by N.J.S.A. 2C:40-26, a statute mandating jail terms for persons convicted of driving ...

docket:	a5119-13
court:	NJ Superior Court Appellate Division
decided:	2016-09-19
status:	published
citation:	447 N.J.Super. 247 146 A.3d 1245
Document Size:	41276

118 /usr/local/share/www/libweb/collections/courts/appellate/a4214-16.opn.html -- rank: 402

... suspended for a second or subsequent driving while intoxicated (DWI), N.J.S.A. 2C:40-26(b), and motor vehicle violations related to DWI. He argues ... and driving while suspended for a second or subsequent offense, N.J.S.A. 2C:40-26(b). After the hearing, the judge denied defendant's motion ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	15070

119 STATE OF NEW JERSEY v. STEPHEN C. JONES, SR -- rank: 397

... Camden County grand jury and charged with a violation of N.J.S.A. 2C:40-26(b) (making it a fourth-degree crime, subject to mandatory ... th[e] conviction to meet its burden of proof under N.J.S.A. 2C:40-26(b)." This archive is a service of Rutgers School of ...

docket:	a0582-14
court:	NJ Superior Court Appellate Division
decided:	2015-09-23
status:	unpublished
citation:
Document Size:	16224

120 STATE OF NEW JERSEY v. RYAN SUTHERLAND -- rank: 395

... of license suspension for a second or subsequent DWI conviction, N.J.S.A. 2C:40-26(b), was lawful under the community caretaking doctrine. We hold ... for a second or subsequent DWI conviction in violation of N.J.S.A. 2C:40-26(b). Defendant filed a motion to suppress the evidence obtained ...

docket:	a5432-14
court:	NJ Superior Court Appellate Division
decided:	2016-05-05
status:	published
citation:	445 N.J.Super. 358 138 A.3d 551
Document Size:	30377