Search Rutgers Law Library N.J. Court Opinions

76 /usr/local/share/www/libweb/collections/courts/appellate/a0068-16a0069-16a0070-16a0071-16.opn.html -- rank: 543

... was charged on September 27, 2011, with a violation of N.J.S.A. 2C:40-26(b) (effective August 1, 2011), which makes it a fourth ... suspended. Id. at 615. We stated that a violation of N.J.S.A. 2C:40-26(b) comprises a new offense based upon new 21 A ... the terms of parole). We reject this conception of what N.J.S.A. 2C:40-26(b) accomplishes. N.J.S.A. 2C:40-26(b) does not change the duration of the license suspensions ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	50359

77 STATE OF NEW JERSEY v. MELVIN HESTER -- rank: 543

... was charged on September 27, 2011, with a violation of N.J.S.A. 2C:40-26(b) (effective August 1, 2011), which makes it a fourth ... suspended. Id. at 615. We stated that a violation of N.J.S.A. 2C:40-26(b) comprises a new offense based upon new conduct, and ... the terms of parole). We reject this conception of what N.J.S.A. 2C:40-26(b) accomplishes. N.J.S.A. 2C:40-26(b) does not change the duration of the license suspensions ...

docket:	a0068-16
court:	NJ Superior Court Appellate Division
decided:	2017-03-23
status:	published
citation:	449 N.J.Super. 314 157 A.3d 865
Document Size:	56026

78 STATE OF NEW JERSEY v. JOHN D. HARRIS, III -- rank: 543

... either the HEDS or CSLS programs were illegal. We agree. N.J.S.A. 2C:40-26 provides: a. It shall be a crime of the fourth ...

docket:	a1523-13
court:	superior court trial
decided:	2015-02-04
status:	published
citation:
Document Size:	42541

79 STATE OF NEW JERSEY v. JOHN D. HARRIS, III -- rank: 543

... either the HEDS or CSLS programs were illegal. We agree. N.J.S.A. 2C:40-26 provides: a. It shall be a crime of the fourth ...

docket:	a3591-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-04
status:	published
citation:
Document Size:	42685

80 /usr/local/share/www/libweb/collections/courts/appellate/a0068-16a0069-16a0070-16a0071-16corropn.opn.html -- rank: 543

... was charged on September 27, 2011, with a violation of N.J.S.A. 2C:40-26(b) (effective August 1, 2011), which makes it a fourth ... suspended. Id. at 615. We stated that a violation of N.J.S.A. 2C:40-26(b) comprises a new offense based upon new 21 A ... the terms of parole). We reject this conception of what N.J.S.A. 2C:40-26(b) accomplishes. N.J.S.A. 2C:40-26(b) does not change the duration of the license suspensions ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	50366

81 STATE OF NEW JERSEY v. BENIGNO RIVERA -- rank: 533

... a second or subsequent offense of driving while intoxicated (DWI), N.J.S.A. 2C:40-26(b). Defendant was convicted after a jury trial and was ... of the contentions advanced on appeal, we affirm defendant's N.J.S.A. 2C:40-26(b) conviction and sentence, but remand for merger of defendant ... a second or subsequent DWI conviction, he charged defendant with N.J.S.A. 2C:40-26(b). In addition to the testimony of Sgt. Hoppe, the ... driving while suspended for a second or subsequent DWI under N.J.S.A. 2C:40-26(b), an indictable offense. The elements of the motor vehicle ... offense, making merger appropriate. We therefore affirm the conviction under N.J.S.A. 2C:40-26(b), but remand for resentencing in light of the need ...

docket:	a5579-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-18
status:	unpublished
citation:
Document Size:	20114

82 STATE OF NEW JERSEY v. KWABENA OHENE-BONSU -- rank: 525

... vehicle during a period of license suspension in violation of N.J.S.A 2C:40-26(b). We reject defendant's assertions that his conviction should ... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b), and fourth-degree obtaining the personal identifying information of ... court sentenced defendant to the mandatory minimum term required by N.J.S.A. 2C:40-26(b) of 180 days incarceration, in addition to required fines ...

docket:	a2240-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-13
status:	Unpublished
citation:
Document Size:	21358

83 STATE OF NEW JERSEY v. BRENDAN GALDIERI -- rank: 525

... CURIAM Defendant Brendan Galdieri appeals from his conviction for violating N.J.S.A. 2C:40-26(b) by driving during a second or subsequent license suspension ... 28, 2013, defendant pled guilty to one count of violating N.J.S.A. 2C:40-26(b). That provision reads in pertinent part: It shall be ... be sentenced by the court to a term of imprisonment. [ N.J.S.A. 2C:40-26(b).] At the plea hearing, defendant admitted under oath that ... State of New York. 1 He did not contest that N.J.S.A. 2C:40-26(b) applied to his situation, nor did he reserve the ... Super. 333 , 336 (App. Div. 2014) (discussing the purpose of N.J.S.A. 2C:40-26(b) to increase the penalty for driving on a suspended ... a first DWI offense, he cannot thereafter be charged under N.J.S.A. 2C:40-26(b) for driving while serving that suspension. Implicitly, he ...

docket:	a2470-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-24
status:	unpublished
citation:
Document Size:	12450

84 STATE OF NEW JERSEY v. MATTHEW P. ARLUNA -- rank: 523

... Because his license remained suspended, defendant was charged with violating N.J.S.A. 2C:40-26(b), operating a motor vehicle while his license was suspended ... November 15, 2017, a jury found defendant guilty of violating N.J.S.A. 2C:40-26(b). Prior to sentencing, defendant filed a motion to withdraw ... APPLIED TO THE PRE-2011 DUI OFFENSES, MR. ARLUNA'S N.J.S.A. 2C:40-26 CONVICTION VIOLATES THE EX POST FACTO CLAUSE. POINT II THE ... a grand jury returned an indictment charging defendant with violating N.J.S.A. 2C:40-26(b). Following a trial, on November 15, 2017, a jury ... same judge who presided at defendant's trial on the N.J.S.A. 2C:40-26(b) charge. Following a trial de novo, the judge denied ...

docket:	a5844-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-12
status:	Unpublished
citation:
Document Size:	19945

85 STATE OF NEW JERSEY v. DAVID R. HARY -- rank: 513

... for a second or subsequent driving while intoxicated (DWI) conviction, N.J.S.A. 2C:40-26(b). Defendant applied for PTI, which the Criminal Division manager ... not available to defendants convicted of committing a violation of N.J.S.A. 2C:40- 26(c) that carries a mandatory 180-day period of incarceration ... w]hile there are certainly scenarios where those who violate N.J.S.A. 2C:40-26 should be permitted entry into PTI, this case is not ... prosecutor opined that under our holding in Harris, violators of N.J.S.A. 2C:40-26 are somehow barred from PTI is of no moment because ...

docket:	a0599-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-04
status:	Unpublished
citation:
Document Size:	20887

86 STATE OF NEW JERSEY v. LAWRENCE VIARENGO -- rank: 503

... charged carries a presumption against PTI. We note here that N.J.S.A. 2C:40-26 is not a crime where PTI is presumptively unavailable. Under ...

docket:	a2004-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-29
status:	unpublished
citation:
Document Size:	17118

87 STATE OF NEW JERSEY v. PIERRE R. CRUMPLER -- rank: 501

... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b). Thereafter, the trial judge, on November 6, 2017, sentenced ... of license suspension under a different section of the statute, N.J.S.A. 2C:40-26(a). He had just finished serving a six-month county ... New Jersey Supreme Court recently held that individuals convicted under N.J.S.A. 2C:40-26 may not serve their sentences on nights or weekends pursuant ... DWI or Refusal to Submit to a Chemical Breath Test (N.J.S.A. 2C:40-26)' (rev. Apr. 11, 2016), and the requisite mental state, the ...

docket:	a3206-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-26
status:	Unpublished
citation:
Document Size:	17082

88 State v. Ryan Sutherland -- rank: 496

... vehicle during a period of license suspension in violation of N.J.S.A. 2C:40-26. A Morris County Grand Jury later indicted defendant and charged ... second or subsequent driving-while- intoxicated conviction in violation of N.J.S.A. 2C:40-26(b). Defendant filed a motion to suppress the traffic stop ...

docket:	a_14_16
court:	NJ Supreme Court
decided:	2018-01-11
status:
citation:
Document Size:	54988

89 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 JERSEY STATE OF NEW JERSEY -- rank: 496

... suppress. He was indicted for and pled guilty to violating N.J.S.A. 2C:40-26(b), a crime of the fourth-degree that applies to ... 180 days during which he is not eligible for parole. N.J.S.A. 2C:40-26(c). The judge also suspended defendant's license for twelve ... driving while intoxicated violations, which qualified him for prosecution under N.J.S.A. 2C:40-26(b). Prior to the suppression hearing, the prosecutor and defense ... We recognize evidence leading to defendant's indictment for violating N.J.S.A. 2C:40-26(b) was acquired when defendant's traffic tickets were returned ...

docket:	a0694-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-03
status:	unpublished
citation:
Document Size:	21223

90 STATE OF NEW JERSEY v. ANTHONY F. TORELLA SR. -- rank: 493

... the statute did not apply to such conduct, we emphasized: [ N.J.S.A. 2C:40-26] was designed to "create[] criminal penalties for persons whose driver ...

docket:	a5255-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-11
status:	unpublished
citation:
Document Size:	20647