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46 STATE OF NEW JERSEY v. CRAIG DARLING -- rank: 651

... license was suspended for a second or subsequent DWI conviction, N.J.S.A. 2C:40-26(b). If he were convicted of this offense, the trial ... Harris , 439 N.J. Super. 150 , 159 (App. Div.) (quoting N.J.S.A. 2C:40-26(c)), certif. denied , 221 N.J. 566 (2015). Defendant applied ... impose a mandatory jail sentence without parole for violations of N.J.S.A. 2C:40-26(b) to deter such conduct, and the need to deter ... to impose a non-custodial term for a conviction under N.J.S.A. 2C:40-26(b)] and the Appellate Division has already ruled on the ... employ a per se rule absolutely barring anyone charged under N.J.S.A. 2C:40-26(b) from PTI and, instead, had based its decision on ... for the mandatory custodial sentence required for a conviction under N.J.S.A. 2C: 40-26(b), defendant would be an "acceptable candidate for PTI . . . ." ...

docket:	a0393-15
court:	NJ Superior Court Appellate Division
decided:	2016-02-03
status:	unpublished
citation:
Document Size:	26537

47 STATE OF NEW JERSEY v. WAYNE KACZOWSKI -- rank: 646

... pretrial intervention program (PTI) after he was charged with violating N.J.S.A. 2C:40-26(b), a fourth-degree offense, by driving during a third ... OF A POLICY OF REJECTING ALL APPLICANTS CHARGED WITH VIOLATING N.J.S.A. 2C:40-26(b). (. . . Request for Discovery not raised below). The criteria for ... se rule against PTI admission for defendants charged with violating N.J.S.A. 2C:40- 26(b), basing his denial almost entirely on the nature of the case. We recognize N.J.S.A. 2C:40-26(c) does not carry a presumption against admission into PTI ... not merely the fact that he was guilty of violating N.J.S.A. 2C:40-26(b). Generally, motor vehicle violations are not appropriate factors for ... have been suspended due to DWI' by prosecuting violations of N.J.S.A. 2C:40-26(b). The consideration of that factor was appropriate and ...

docket:	a2399-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-21
status:	unpublished
citation:
Document Size:	53777

48 STATE OF NEW JERSEY v. STEPHEN WHITE -- rank: 644

... for a second or subsequent driving while intoxicated (DWI) violation, N.J.S.A. 2C:40-26(b). Defendant asserts that the trial judge abused her discretion ... vehicle while suspended for a second or subsequent DWI offense, N.J.S.A. 2C:40-26(b). On February 13, the first day of trial for ... weight on this factor. The statutory and legislative intent behind [ N.J.S.A.]2C:40-26 is to deter folks who have their license suspended for ... TO FAIL TO INCLUDE IN THE JURY CHARGE RELATING TO N.J.S.A. 2C:40-26(b) THAT [DEFENDANT] KNOWINGLY OPERATED A MOTOR VEHICLE IN NEW ... knowingly operated a motor vehicle in New Jersey pursuant to N.J.S.A. 2C:40-26(b). Defendant contends that by not instructing the jury that ... was in New Jersey, 'the [t]rial [c]ourt converted N.J.S.A. 2C:40-26(b) into a strict liability statute[.]' We agree with ...

docket:	a4322-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-13
status:	Unpublished
citation:
Document Size:	37138

49 STATE OF NEW JERSEY v. MICHAEL W. KERR -- rank: 644

... J.S.A. 39:3-40, a fourth-degree offense, N.J.S.A. 2C:40-26(b). In particular, defendant argues that the prosecutor's rejection ... imposed in 2002. He was indicted for a violation of N.J.S.A. 2C:40-26. Defendant applied for PTI and the PTI director in Atlantic ... to impose a mandatory sentence without parole for violations of N.J.S.A. 2C:40-26 to deter such conduct, and the need to deter would ... together with the applicable legal precedents, and find them unpersuasive. N.J.S.A. 2C:40-26(a) provides: It shall be a crime of the fourth ... be sentenced by the court to a term of imprisonment. N.J.S.A. 2C:40-26(b) provides: It shall be a crime of the fourth ... 180 days without parole for a conviction under either provision. N.J.S.A. 2C:40-26(c). Admission into the PTI program is based on ...

docket:	a1436-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-25
status:	unpublished
citation:
Document Size:	22027

50 STATE OF NEW JERSEY v. ROBERT NAHM -- rank: 639

... license suspension for multiple convictions of driving while intoxicated (DWI), N.J.S.A. 2C:40-26(b), and driving while suspended, N.J.S.A. 39 ... while suspended. He was subsequently charged and indicted for violating N.J.S.A. 2C:40-26(b) after it was discovered that defendant's license suspension ... gross abuse of discretion. Thereafter, defendant pled guilty to violating N.J.S.A. 2C:40-26, and driving while suspended, N.J.S.A. 39:3 ... rejection was an impermissible per se denial. We note that N.J.S.A. 2C:40-26(c) requires the imposition of a mandatory minimum period of ... 2014), certif. denied , 220 N.J. 575 (2015). Notwithstanding same, N.J.S.A. 2C:40-26(b) does not carry a presumption against admission into PTI ... to the protective benefit to society by prosecuting violations of N.J.S.A. 2C:40-26(b). The consideration of that factor was appropriate and ...

docket:	a4137-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-23
status:	unpublished
citation:
Document Size:	30183

51 STATE OF NEW JERSEY v. CHARLES W. KIEFER -- rank: 634

... a second license suspension following convictions for driving while intoxicated, N.J.S.A. 2C:40-26(b). Defendant argues the judge erred by denying his motion ... in support of the charged offense. That is, defendant contends N.J.S.A.  2C:40-26(b) does not criminalize operating a motor vehicle beyond the ... degree operating a motor vehicle during a second license suspension, N.J.S.A. 2C:40-26(b). In October 2013, defendant filed a motion to dismiss ... a trial court's construction of a statute de novo"). N.J.S.A.  2C:40-26 was designed to "create[] criminal penalties    for persons whose driver ... be sentenced by the court to a term of imprisonment. [ N.J.S.A. 2C:40-26(b).] In denying defendant's motion to dismiss the indictment ... issue raised here — "whether charges can be brought under [ N.J.S.A. 2C:40-26] when the act of driving occurs beyond the determinate ...

docket:	a5203-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-22
status:	unpublished
citation:
Document Size:	14591

52 STATE OF NEW JERSEY v. ROBERT B. ANSTATT -- rank: 632

... second or subsequent conviction for driving under the influence (DUI), N.J.S.A. 2C:40-26(b). He was sentenced to a year of probation with ... suspension was for a second or subsequent DUI conviction. See N.J.S.A. 2C:40-26(b) (mandating a 180-day term of incarceration); see also ... 98 L. Ed.2d 358 (1987)). The plain wording of N.J.S.A. 2C:40-26(b) establishes that the statute is intended to impose penalties ... operate a motor vehicle during the period of license suspension." N.J.S.A. 2C:40-26(b). We have previously recognized that the violation of N.J.S.A. 2C:40-26(b) constitutes a new and separate crime from the predicate ... 620-21 (App. Div. 2012) (holding that a conviction under N.J.S.A. 2C:40-26(b) does not violate ex post facto constitutional principles), ...

docket:	a0396-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-08
status:	unpublished
citation:
Document Size:	30201

53 STATE OF NEW JERSEY v. GREGORY S. FLETCHER -- rank: 627

... of license suspension after a second or subsequent DWI conviction. N.J.S.A. 2C:40-26(b). 3 On October 14 , 2014, defendant moved to dismiss ... term of 180 days in jail without parole pursuant to N.J.S.A. 2C:40-26(b). The judge imposed appropriate fines and penalties and stayed ... BEEN GRANTED BECAUSE DEFENDANT CANNOT BE FOUND GUILTY OF VIOLATING N.J.S.A. 2C:40-26(b) FOR DRIVING WITH A SUSPENDED LICENSE WHERE THE UNDERLYING ... Because defendant had two DWI convictions, he was indicted under N.J.S.A. 2C:40-26(b) for "operat[ing] a motor vehicle during the period ... subsequent" DWI and, therefore, should not have been charged under N.J.S.A. 2C:40-26(b). We disagree. "Construction of any statute begins with a ... the third conviction as a second offense for sentencing purposes. N.J.S.A. 2C:40-26(b) and (c) state the following: It shall be ...

docket:	a5494-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-16
status:	unpublished
citation:
Document Size:	20415

54 STATE OF NEW JERSEY v. FRANCES H. LESZCZYNSKI -- rank: 624

... suspension for a second driving under the influence (DUI) conviction, N.J.S.A. 2C:40-26(b). The State objected to defendant's application to PTI ... IMPERMISSIBLE PER SE RULE EXCLUDING ALL INDIVIDUALS CHARGED WITH VIOLATING N.J.S.A. 2C:40-26 WITH ELIGIBILITY FOR PTI. II. We begin our analysis by ... prosecutor's objection 'stems from an overemphasis of the charged N.J.S.A. 2C:40-26 offense and its underlying elements' rather than on defendant's ... bar to PTI admission for all individuals charged with violating N.J.S.A. 2C:40-26.' We reject defendant's characterization of the prosecutor's reasoning ... prior DUI convictions are required to prove a violation of N.J.S.A. 2C:40-26(b), the prosecutor's consideration of her prior DUI convictions ... convictions in addition to the two DUI convictions required under N.J.S.A. 2C:40-26. A-3653-18T1 9 words, for extending the double ...

docket:	a3653-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-05
status:	Unpublished
citation:
Document Size:	23924

55 STATE OF NEW JERSEY v. VICTORIA GITSU -- rank: 622

... summons for driving with a suspended license in violation of N.J.S.A. 2C:40-26(b). Defendant's license was suspended because of a prior ... law disfavoring non-custodial alternatives to incarceration for violations of N.J.S.A. 2C:40-26 militates against defendant's entry into PTI.' Beyond that, the ... per se policy of denying PTI to defendants charged with N.J.S.A. 2C:40-26. The State acknowledges defendants charged with this offense are eligible ... the defendants, like defendant here, were charged with violations of N.J.S.A. 2C:40-26. Id. at 154. N.J.S.A. 2C:40-26(c), in part, reads 'if a person is convicted of ... days[.]' Harris addressed the practice of sentencing defendants convicted of N.J.S.A. 2C:40-26 to home detention or community service programs contrary to ...

docket:	a3458-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-29
status:	Unpublished
citation:
Document Size:	9902

56 STATE OF NEW JERSEY v. ANGEL M. SANTOS -- rank: 622

... Tommie Jones, and Mark A. Poindexter pled guilty to violating N.J.S.A. 2C:40-26(b), and now appeal from the 180-day jail term the court imposed pursuant to N.J.S.A. 2C:40-26(c). We affirm the sentence in each case. I For ... a grand jury returned an indictment charging Santos, pursuant to N.J.S.A. 2C:40-26(b), with operating a motor vehicle while his license was ... and later mailed him a summons charging him pursuant to N.J.S.A. 2C:40-26(b). On June 4, 2013, Jones pled guilty to operating ... DWI conviction. He was indicted on one count of violating N.J.S.A. 2C:40-26(b). Poindexter pled guilty on June 25, 2013 before Judge ... a stay pending appeal. II These three appeals focus on N.J.S.A. 2C:40-26, which provides in relevant part: b. It shall be ...

docket:	a0594-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-05
status:	unpublished
citation:
Document Size:	19487

57 STATE OF NEW JERSEY v. ANGEL M. SANTOS -- rank: 622

... Tommie Jones, and Mark A. Poindexter pled guilty to violating N.J.S.A. 2C:40-26(b), and now appeal from the 180-day jail term the court imposed pursuant to N.J.S.A. 2C:40-26(c). We affirm the sentence in each case. I For ... a grand jury returned an indictment charging Santos, pursuant to N.J.S.A. 2C:40-26(b), with operating a motor vehicle while his license was ... and later mailed him a summons charging him pursuant to N.J.S.A. 2C:40-26(b). On June 4, 2013, Jones pled guilty to operating ... DWI conviction. He was indicted on one count of violating N.J.S.A. 2C:40-26(b). Poindexter pled guilty on June 25, 2013 before Judge ... a stay pending appeal. II These three appeals focus on N.J.S.A. 2C:40-26, which provides in relevant part: b. It shall be ...

docket:	a6166-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-05
status:	unpublished
citation:
Document Size:	19487

58 STATE OF NEW JERSEY v. RYAN S. ROBERTS -- rank: 619

... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b),1 and was sentenced to a one-year probationary ... COURT ERRED IN DENYING DEFENDANT'S MOTION TO SUPPRESS[.] .... 1 N.J.S.A. 2C:40-26(b) provides '[i]t shall be a crime of the ... 4- 50.4a (refusal to submit to breath testing)].' Under N.J.S.A. 2C:40-26(c), there is 'a fixed minimum sentence of not less than 180 days' without parole for a conviction under N.J.S.A. 2C:40-26(b). 2 When defendant was arrested, he was also issued ... OF CONVICTIONS THAT ARE ESSENTIAL TO SUPPORT A VIOLATION OF N.J.S.[A.] 2C:40- 26[(B).] We have considered these arguments in light of the ... the following reasons: The crime the defendant is charged with, [N.J.S.A.] 2C:40-26(b), is a crime that the Legislature felt should ...

docket:	a0042-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-05
status:	Unpublished
citation:
Document Size:	34919

59 STATE OF NEW JERSEY v. STEVEN B. WATSON, JR -- rank: 617

... presented to a grand jury evidence that defendant had violated N.J.S.A. 2C:40-26, which provides: a. It shall be a crime of the ... for that first DWI . . . offense, contrary to the provisions of N.J.S.A. 2C:40-26(a) . . . . Defendant subsequently moved to dismiss the indictment. The trial ... license suspended), as well as the penalties set forth in N.J.S.A. 2C:40-26. The court did not discuss the provisions of Title 39 ... OF A VALID DRIVER'S LICENSE, AN INDIVIDUAL CANNOT VIOLATE N.J.S.A. 2C:40-26(a) BY OPERATING AN ATV DURING A PERIOD OF DRIVER ...

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. JAMES W. FRENCH -- rank: 614

... license suspension for multiple convictions of driving while intoxicated (DWI). N.J.S.A. 2C:40-26(b). Defendant James W. French argues that an inpatient drug ... that had been suspended after more than one DWI conviction. N.J.S.A. 2C:40-26 provides in pertinent part: b.  It shall be a crime ... eligible for parole. Defendant pled guilty to a violation of N.J.S.A. 2C:40-26(b) . Although defendant happened to be driving drunk when he ... intoxication is not an element of this fourth-degree crime. N.J.S.A. 2C:40-26(c) requires the imposition of a mandatory minimum period of ... otherwise be subject to a mandatory minimum period of incarceration). N.J.S.A. 2C:40-26(b) is not the only fourth-degree crime that requires ...

docket:	a4963-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:	437 N.J.Super. 333 98 A.3d 603
Document Size:	23249