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91 STATE OF NEW JERSEY v. SUZANNE SYLVESTER -- rank: 491

... a period of license suspension, fourth degree, in violation of N.J.S.A. 2C:40-26(b). [Sixth.] On August 15th of 2012, defendant filed a ... be a subject of some discussion in the Appellate Division , [ N.J.S.A. ] 2C:40-26, the statute under which Ms. Sylvester is now being prosecuted ...

docket:	a5192-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-10
status:	unpublished
citation:	437 N.J.Super. 1 96 A.3d 256
Document Size:	28781

92 STATE OF NEW JERSEY v. M.G.M. -- rank: 491

... Intervention (PTI) application decisions for all individuals charged with violating N.J.S.A. 2C:40-26(b). We reverse. Following a second conviction for driving while ... motor vehicle while his driving privileges were revoked, pursuant to N.J.S.A. 2C:40-26(b). 1 A conviction under this statute requires the imposition ... produce "ten examples" of PTI review for defendants charged under N.J.S.A. 2C:40-26(b), which would prove or refute whether there was a ... correspondence of [PTI] application decisions concerning individuals charged with violating N.J.S.A. 2C:40-26(b)[,] generated as of January 1, 2013." The trial court ...

docket:	a6028-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-25
status:	unpublished
citation:
Document Size:	23670

93 STATE OF NEW JERSEY v. KEVIN A. ROBBINS -- rank: 491

... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b). Defendant stipulated that on the day of the alleged ... at that time, sign a complaint charging a violation of N.J.S.A. 2C:40-26(b). Colfer learned during the stop that Robbins lived "maybe ... fter further investigation" Robbins was mailed a summons for violating N.J.S.A. 2C:40-26(b), which Colfer admitted did not occur until July 24 ... issued this complaint after learning that the facts supported an N.J.S.A. 2C:40-26 charge. Colfer testified that he wrote a second report on ...

docket:	a5066-13
court:	NJ Superior Court Appellate Division
decided:	2016-10-10
status:	unpublished
citation:
Document Size:	40028

94 STATE OF NEW JERSEY v. CHRISTOPHER CARRIGAN -- rank: 481

... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b), as well as to a motor vehicle violation of ... S.A. 39:3-40 [(f)](2)[] because of the N.J.S.A. 2C:40-26[(b)] conviction, [and he] submits that the conviction for violation ... N.J.S.A. 39:3-40 conviction into the N.J.S.A. 2C:40-26(b) conviction'). The mandatory penalties of the two offenses survives ...

docket:	a1252-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-10
status:	Unpublished
citation:
Document Size:	24251

95 STATE OF NEW JERSEY v. FINBARR T. DEMPSEY -- rank: 481

... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b). The judge stayed defendant's service of the mandatory ... definition of a judicially imposed suspension or revocation. Therefore, since N.J.S.A. 2C:40- 26(b) applies to license suspensions imposed by a foreign jurisdiction ... AS PREDICATE OFFENSES DOES NOT MEET THE PLAIN LANGUAGE OF [N.J.S.A.] 2C:40-26. State v. O'Donnell, 435 N.J. Super. 351 (App ... New Jersey, thus under Perry a proper basis for an N.J.S.A. 2C:40-26(b) conviction. But the issue cannot be determined in the ...

docket:	a4436-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-08
status:	Unpublished
citation:
Document Size:	20812

96 STATE OF NEW JERSEY v. EDWARD J. TESSEY -- rank: 476

... DWI conviction. That conduct constitutes a fourth-degree crime under N.J.S.A. 2C:40-26(b). Criminal Presiding Judge Edward J. McBride convened a hearing ... subject to the six-month mandatory jail term prescribed by N.J.S.A. 2C:40-26(c). The court also imposed the required fines and penalties ... the New Jersey Supreme Court concluded: [T]he language of N.J.S.A. 2C:40-26(c) manifests a legislative intent to bar intermittent sentences under ... specific wording regarding the custodial sentence to be imposed under N.J.S.A. 2C:40-26(c) does not permit resort to an alternative, intermittent sentence ...

docket:	a0562-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-15
status:	Unpublished
citation:
Document Size:	14259

97 STATE OF NEW JERSEY v. AMY LOCANE -- rank: 471

... a mandatory 180-day jail sentence for the crime. See N.J.S.A. 2C:40-26. These legislative enactments speak loudly to the ongoing public interest ...

docket:	a1990-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-23
status:	published
citation:	454 N.J.Super. 98 184 A.3d 495
Document Size:	147759

98 STATE OF NEW JERSEY v. VIJAY CHAUHAN -- rank: 466

... violation of N.J.S.A. 39:4-50 (DWI), N.J.S.A. 2C:40-26(b). On June 4, 2012, defendant pled not guilty and ... se policy of denying PTI admission to individuals charged with N.J.S.A. 2C:40-26. Based on our review of the record and applicable law ... for 180 days for those in violation of this statute [ N.J.S.A. 2C:40-26]. The decision by the Legislature to impose a mandatory period ... J. __ (2013), the public need for prosecution for violations of N.J.S.A. 2C:40-26 by a mandatory 180 days of incarceration without parole has ...

docket:	a2583-12
court:	New Jersey Superior Court Appellate Division
decided:	2013-07-03
status:	Published
citation:
Document Size:	15323

99 /usr/local/share/www/libweb/collections/courts/supreme/a2583-12.opn.html -- rank: 466

... violation of N.J.S.A. 39:4-50 (DWI), N.J.S.A. 2C:40-26(b). On June 4, 2012, defendant pled not guilty and ... se policy of denying PTI admission to individuals charged with N.J.S.A. 2C:40-26. Based on our review of the record and applicable law ... for 180 days for those in violation of this statute [ N.J.S.A. 2C:40-26]. The decision by the Legislature to impose a mandatory period ... J. __ (2013), the public need for prosecution for violations of N.J.S.A. 2C:40-26 by a mandatory 180 days of incarceration without parole has ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	15772

100 STATE OF NEW JERSEY v. MATTHEW DRUMMOND -- rank: 459

... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b). The Law Division judge stayed his January 13, 2017 ... Improperly Found that 'pursuant to the Clear Mandatory Language In N.J.S.A. 2C:40-26, if a defendant who is charged with committing that offense ... the prosecutor of defendant's application. State v. Rizzitello, concerning N.J.S.A. 2C:40-26(b), among other things, stands for the proposition that '[t ...

docket:	a2565-16
court:	NJ Superior Court Appellate Division
decided:	2018-09-05
status:	Unpublished
citation:
Document Size:	15077

101 STATE OF NEW JERSEY v. JOSEPH POLLINA -- rank: 454

... of the indicted charge of fourth-degree driving while suspended, N.J.S.A. 2C:40-26. Before engaging in the plea colloquy, Judge Stuart A. Minkowitz ...

docket:	a6118-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-15
status:	unpublished
citation:
Document Size:	10515

102 STATE OF NEW JERSEY v. RANDOLPH PALMER -- rank: 454

... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b), charged in a single-count Gloucester County indictment. He ... prima facie case A-2953-18T2 4 that defendant violated N.J.S.A. 2C:40-26(b). Aptly analyzing the elements of the offense, the judge ... traffic violation. Id. at 519-22. Considering the language of N.J.S.A. 2C:40-26(b), we observed: Subsection (b) provides that a driver commits ...

docket:	a2953-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-02
status:	Unpublished
citation:
Document Size:	16290

103 STATE OF NEW JERSEY v. ELIJAH ANTHONY -- rank: 451

... operating a motor vehicle during a period of license suspension, N.J.S.A. 2C:40-26(b).1 In his opening statement, defense counsel argued to ... The prosecutor objected and, at the close of the 1 N.J.S.A. 2C:40-26(b) makes it a fourth-degree offense, with a mandatory ... uneventful encounters with defendant and any conceivable defense to the N.J.S.A. 2C:40-26(b) charge, the judge denied defendant the opportunity to call ... them. These circumstances had no bearing on whether defendant violated N.J.S.A. 2C:40-26(b). Affirmed. A-0940-17T2 5 This archive is a ...

docket:	a0940-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-22
status:	Unpublished
citation:
Document Size:	9444

104 STATE OF NEW JERSEY v. THOMAS J. BUNTING -- rank: 451

... N.J.S.A. 39:4-50 (driving while intoxicated), N.J.S.A. 2C:40-26(b). Defendant now appeals, contending that the trial judge erred ...

docket:	a0132-16
court:	NJ Superior Court Appellate Division
decided:	2018-04-23
status:	unpublished
citation:
Document Size:	33464

105 STATE OF NEW JERSEY v. PEDRO C. ANICAMA -- rank: 451

... intermittent service permissible for a different crime under different statutes, N.J.S.A. 2C:40-26 and N.J.S.A. 2C:43-2, we commented ...

docket:	a0452-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-13
status:	Published
citation:
Document Size:	59377