151 Results for [("N.J.S.A. 2C:40-26")]

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16 /usr/local/share/www/libweb/collections/courts/appellate/a1769-13.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
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Document Size:	55014

17 /usr/local/share/www/libweb/collections/courts/appellate/a2533-13.opn.html -- rank: 809

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court:	superior court trial
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18 /usr/local/share/www/libweb/collections/courts/appellate/a2531-13.opn.html -- rank: 809

docket:
court:	superior court trial
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citation:	439 N.J.Super. 514 110 A.3d 122
Document Size:	55183

19 /usr/local/share/www/libweb/collections/courts/appellate/a2536-13.opn.html -- rank: 809

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court:	superior court trial
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Document Size:	55014

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

docket:	a1770
court:	NJ Superior Court Appellate Division
decided:	2015-03-03
status:	published
citation:
Document Size:	55578

21 STATEOF NEW JERSEY v. LEON FAISON -- rank: 792

... for a second or subsequent driving while intoxicated (DWI) conviction, N.J.S.A. 2C:40-26(b). He also appeals from a June 19, 2015 order ... of license suspension for a second or subsequent DWI conviction, N.J.S.A. 2C:40-26(b). On April 3, 2014, defendant filed a petition for ... a motion to dismiss the indictment charging him with violating N.J.S.A. 2C:40-26(b). After the Law Division denied his motion, defendant stipulated ... and the judge found him guilty as charged. Pursuant to N.J.S.A. 2C:40-26(c), the judge sentenced defendant to the mandatory minimum 180 ... the trial court's interpretation of the applicable provisions of N.J.S.A. 2C:40- 26, which state: b. It shall be a crime of the ... she operated a motor vehicle and was indicted for violating N.J.S.A. 2C:40-26(b). Ibid. The defendant then successfully filed for PCR ...

docket:	a3629-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-29
status:	published
citation:	452 N.J.Super. 390 174 A.3d 1006
Document Size:	32674

22 STATE OF NEW JERSEY v. VICTOR FERRIGNO -- rank: 790

... a second or subsequent violation of driving while intoxicated (DWI), N.J.S.A. 2C:40-26(b), the trial judge imposed a mandatory minimum 180-day jail sentence without parole eligibility, N.J.S.A. 2C:40-26(c). Guided by well-established law, we reject defendant's ... second violation of operating a motor vehicle during license suspension, N.J.S.A. 2C:40-26(b), and fourth-degree possession of a false government issued ... to appeal the decision and to dismiss the indictment, claiming N.J.S.A. 2C:40-26 was unconstitutional.1 The judge denied the motions. Defendant thereafter ... minimum 180-day jail term based upon his interpretation of N.J.S.A. 2C:40-26. Defendant does not assert he was not on notice that ... during which the defendant shall not be eligible for parole. [ N.J.S.A. 2C:40-26 (emphasis added).] As set forth in the plea agreement, ...

docket:	a5041-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-14
status:	Unpublished
citation:
Document Size:	34466

23 STATE OF NEW JERSEY v. DAVI F. KANE -- rank: 787

... exposing her to prosecution for a fourth-degree offense under N.J.S.A. 2C:40-26(b) and a 180-day minimum jail sentence. As a ... 39:3-40 and barred a prosecution of defendant under N.J.S.A. 2C:40-26(b) because of double jeopardy principles. The State now appeals ... his client's conduct could be subject to prosecution under N.J.S.A. 2C:40-26(b). For the reasons that follow, we reject the State ... to defendant because her conduct was also in violation of N.J.S.A. 2C:40-26(b). That statute, which became effective on August 1, 2011 ... s original plea was especially advantageous to her is that N.J.S.A. 2C:40-26(b) carries a mandatory minimum penalty of 180 days in ... A. 39:3-40 is a lesser-included offense of N.J.S.A. 2C:40-26(b), because the elements of the former statute are ...

docket:	a5773-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-17
status:	unpublished
citation:
Document Size:	44078

24 A-0STATE OF NEW JERSEY v. ROBERTO DIAZ July 24, 2015 -- rank: 780

... Atlantic County Indictment No. 14-01-0193, charging him under N.J.S.A. 2C:40-26(a) with the fourth degree offense of driving while his ... parole in the Atlantic County Correctional Facility as mandated under N.J.S.A. 2C:40-26(c). Defendant pleaded guilty pursuant to a negotiated agreement with ... here, that at the time he was charged with violating N.J.S.A. 2C:40-26(a), his driver's license was not suspended or revoked ... argued that at the time he was charged with violating N.J.S.A. 2C:40-26(a), his license was suspended under N.J.S.A ... confront here, to wit: "whether charges can be brought under [ N.J.S.A. 2C:40-26] when the act of driving occurs beyond the determinate sentenced ... the seven consolidated appeals decided in Perry , we concluded that N.J.S.A. 2C:40-26 "criminalizes the operation of a motor vehicle only while ...

docket:	a3515-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-25
status:	unpublished
citation:
Document Size:	28604

25 /usr/local/share/www/libweb/collections/courts/appellate/a2498-17.opn.html -- rank: 765

... license suspension for a second or subsequent DWI conviction. See N.J.S.A. 2C:40-26(b). An issue was later raised concerning defendant's competency ... sentenced defendant to a mandatory 180-day custodial term, see N.J.S.A. 2C:40-26(c), as a condition of two-year's probation. The ... BEEN GRANTED BECAUSE HE COULD NOT BE GUILTY OF VIOLATING N.J.S.A. 2C:40-26[(b)] BY DRIVING WITH A SUSPENDED LICENSE FOR A SECOND ... claims he was entitled to dismissal of the charge under N.J.S.A. 2C:40-26(b) because the statute applies only to individuals driving while ... 39:4-50(a)(3), he cannot be convicted under N.J.S.A. 2C:40-26(b) for driving during a period of license suspension for ... Defendant's argument is founded on an incorrect interpretation of N.J.S.A. 2C:40-26(b) and a misapplication of the step-down provision ...

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26 STATE OF NEW JERSEY v. KEIRA R. BARBER -- rank: 760

... a motor vehicle during a period of a license suspension, N.J.S.A. 2C:40-26(b). She contends the court erred by denying her motion ... N.J.S.A. 39:4-50.2(a). See N.J.S.A. 2C:40-26(b). She filed a motion to dismiss the indictment claiming she did not violate N.J.S.A. 2C:40-26(b) because it applied only where an individual has two ... Defendant argued the evidence did not establish that she violated N.J.S.A. 2C:40-26(b) because she had only one conviction for DWI and ... one for refusal. The court rejected defendant's interpretation of N.J.S.A. 2C:40-26(b). The court found the plain language of the statute ... determined defendant was properly charged in the indictment with violating N.J.S.A. 2C:40-26(b) because the evidence showed she had prior convictions ...

docket:	a1092-16
court:	NJ Superior Court Appellate Division
decided:	2017-09-21
status:	unpublished
citation:
Document Size:	20996

27 STATE OF NEW JERSEY v. THOMAS BURNS -- rank: 750

... CURIAM Defendant Thomas Burns appeals from his conviction for violating N.J.S.A. 2C:40-26(b) by driving during a second or subsequent license suspension ... in Pennsylvania. As a result, defendant was charged with violating N.J.S.A. 2C:40-26(b). Defendant was indicted by a Cape May County Grand ... or subsequent suspension stemming from a DWI, in violation of N.J.S.A. 2C:40-26(b) (count two). Defendant moved to dismiss count two of ... in Pennsylvania did not qualify as predicate DWI convictions under N.J.S.A. 2C:40-26(b). Judge John C. Porto denied the motion on March ... or subsequent suspension resulting from a DWI, in violation of N.J.S.A. 2C:40-26(b), in exchange for a sentencing recommendation of the mandatory ... DISMISS BASED ON A STRICT CONSTRUCTION AND PLAIN READING OF N.J.S.A. 2C:40-26(b). FURTHER, APPELLANT HAD NO NOTICE THAT HE WOULD ...

docket:	a0923-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-23
status:	unpublished
citation:
Document Size:	25297

28 STATE OF NEW JERSEY v. ADAM C. SPEARS -- rank: 743

... PER CURIAM This matter regards interpretation of the requirements of N.J.S.A. 2C:40-26(b), a fourth-degree offense for operating a motor vehicle ... Cape May County Indictment No. 14-08-0658, for violating N.J.S.A. 2C:40-26(b). Defendant moved to dismiss the indictment, arguing his prior ... major violation," which was considered a predicate offense required by N.J.S.A. 2C:40-26(b), on September 15, 2007. The offense was driving while ... DISMISS BASED ON A STRICT CONSTRUCTION AND PLAIN READING OF N.J.S.A. 2C:40-26(b). APPELLANT HAD NO NOTICE THAT HE WOULD BE LIABLE ... be sentenced by the court to a term of imprisonment. [ N.J.S.A. 2C:40-26(b) (emphasis added).] In adopting the statute, the Legislature stiffened ... 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 ...

docket:	a4839-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-16
status:	unpublished
citation:
Document Size:	39309

29 STATE OF NEW JERSEY v. ANDRE L. URLIN -- rank: 740

... of his motion to dismiss an indictment charging him under N.J.S.A. 2C:40-26(b) with the fourth-degree crime of operating a motor ... Passaic County grand jury indicted defendant under the criminal statute, N.J.S.A. 2C:40-26(b), for operating a vehicle while his license was suspended ... dismiss the indictment, arguing an ambiguity between the criminal statute, N.J.S.A. 2C:40-26, and the motor vehicle code, N.J.S.A. 39 ... at issue ( N.J.S.A. 39:3-40 and N.J.S.A. 2C:40-26) are not, either standing alone or in concert with each ... 2018). A-3638-18T2 4 Defendant contends the criminal statute, N.J.S.A. 2C:40-26, and the motor vehicle code provision, N.J.S.A ... was nothing vague or ambiguous regarding defendant's indictment under N.J.S.A. 2C:40-26. We start with the strong presumption in favor of ...

docket:	a3638-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-12
status:	Unpublished
citation:
Document Size:	19947

30 STATE OF NEW JERSEY v. STEVEN RIZZITELLO -- rank: 738

... conviction for driving while intoxicated (DWI), 1 in violation of N.J.S.A. 2C:40-26(b). The State appeals from the order of the Law ... against admission into PTI that applies to those charged under N.J.S.A. 2C:40-26(b). Consequently, the prosecutor argues the trial judge erred when ... the OCPO's characterization of the fourth degree offense under N.J.S.A. 2C:40-26(b) as falling within the "crimes that are, by their ... formally arrested and charged with a fourth degree crime under N.J.S.A. 2C:40-26(b). He was subsequently released from custody. The record does ... defendant from continuing to drive while his license was suspended. N.J.S.A. 2C:40-26(b) "was put into effect to deter people from driving ... as she does here, that the fourth degree offense under N.J.S.A. 2C:40-26(b) should carry a presumption against admission into PTI ...

docket:	a0536-15
court:	NJ Superior Court Appellate Division
decided:	2016-09-20
status:	published
citation:	447 N.J.Super. 301 147 A.3d 480
Document Size:	41398

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