Search Rutgers Law Library N.J. Court Opinions

1 State of New Jersey v. James J. Revie -- rank: 1000

... the Court considers whether the “step-down” provision of N.J.S.A. 39:4-50(a)(3) can be applied to the benefit of a ... DWI offender, rather than a third DWI offender, pursuant to N.J.S.A. 39:4-50(a)(3)’s “step-down” provision. In 2011 ... s third and fourth DWI offenses, the municipal court construed N.J.S.A. 39:4-50(a)(3) to afford a defendant only a single � ... was not entitled to a second “step-down” under N.J.S.A. 39:4-50(a)(3). The Appellate Division affirmed defendant’s conviction and ... regarding his conviction. 216 N.J. 14 (2013). HELD : The N.J.S.A. 39:4-50(a)(3) “step-down” provision can benefit a DWI ... Legislature. The penalties imposed under New Jersey’s DWI statute, N.J.S.A. 39:4-50(a), increase with successive violations. For a second offense, ...

docket:	A-31-13
court:	NJ Supreme Court
decided:	2014-12-17
status:
citation:	220 N.J. 126 104 A.3d 221
Document Size:	80476

2 /usr/local/share/www/libweb/collections/courts/appellate/a2813-18.opn.html -- rank: 934

... submit to a chemical breath test (refusal) in violation of N.J.S.A. 39:4-50.4a after his arrest for driving while under the influence of intoxicating liquor (DWI) under N.J.S.A. 39:4-50. Defendant contends his conviction for refusal should be reversed because ... summons-complaint charged him with violating the implied consent statute, N.J.S.A. 39:4-50.2, instead of the refusal statute, N.J.S.A. 39:4-50.4a. Defendant also contends his conviction should be reversed because ... station, the officer read defendant the standard statement required by N.J.S.A. 39:4-50.2(e) advising defendant of the consequences of a refusal to consent to a breath test. N.J.S.A. 39:4-50.2(e) A-2813-18T1 2 provides that an ...

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3 State v. German Marquez -- rank: 916

... analyzes the interplay between New Jersey's implied consent law, N.J.S.A. 39:4-50.2, and its refusal law, N.J.S.A. 39:4-50.4a, to determine whether the statutes require law enforcement officials ... the Court holds that New Jersey's implied consent law, N.J.S.A. 39:4-50.2, and refusal law, N.J.S.A. 39:4-50.4a, require proof that an officer requested the motorist to ... Legislature addressed this problem by enacting an implied consent law, N.J.S.A. 39:4-50.2, and a refusal statute, N.J.S.A. 39:4-50.4. The former deemed that all motorists consented to ...

docket:	a-35-09
court:	supreme
decided:	2010-07-12
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citation:
Document Size:	161798

4 Jersey v. James R. Denelsbeck -- rank: 878

... third or subsequent driving while intoxicated (DWI) charge pursuant to N.J.S.A. 39:4-50. Defendant James R. Denelsbeck was stopped by police for failing ... less than 180 days, with no allowance for noncustodial alternatives. N.J.S.A. 39:4-50(a)(3). In addition to the ten-year license suspension ... third or subsequent driving while intoxicated (DWI) charge pursuant to N.J.S.A. 39:4-50. This Court previously answered that question in the negative, over ... percent. Defendant was issued a motor-vehicle summons for DWI, N.J.S.A. 39:4-50; careless driving, N.J.S.A. 39:4-97; and ... of 180 days in the Atlantic County Jail, pursuant to N.J.S.A. 39:4-50(a)(3). Defendant was also sentenced to a ten-year ... New Jersey Constitution. The State argues that the amendments to N.J.S.A. 39:4-50(a) have not converted a third or subsequent DWI ...

docket:	a-42-14
court:	New Jersey Supreme Court
decided:	2016-05-12
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Document Size:	212208

5 State v. Roger Paul Frye -- rank: 876

... considers whether a previous conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, may serve to enhance the sentence for a subsequent conviction for refusal to submit to a breathalyzer test (refusal), N.J.S.A. 39:4-50.4a. State v. Ciancaglini , 204 N.J. 597 (2011), in ... sentence for a subsequent refusal conviction under the refusal statute, N.J.S.A. 39:4-50.4a. 1. The paramount goal of statutory interpretation is to ... a second[, third, or subsequent] offense under this section.” N.J.S.A. 39:4-50.4a. The length of the driver’s license suspension differs ... for 1 year.” L. 1977, c. 29, § 4; N.J.S.A. 39:4-50.4(b). That amendment was prompted by a Motor Vehicle ... in connection with a subsequent offense of this section.” N.J.S.A. 39:4-50.4(b). The Appellate Division majority found that the ...

docket:	A-30-12
court:	NJ Supreme Court
decided:	2014-06-03
status:
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Document Size:	83841

6 /usr/local/share/www/libweb/collections/courts/supreme/a4214svd.opn.html -- rank: 876

... third or subsequent driving while intoxicated (DWI) charge pursuant to N.J.S.A. 39:4-50. Defendant James R. Denelsbeck was stopped by police for failing ... less than 180 days, with no allowance for noncustodial alternatives. N.J.S.A. 39:4-50(a)(3). In addition to the ten-year license suspension ... third or subsequent driving while intoxicated (DWI) charge pursuant to N.J.S.A. 39:4-50. This Court previously answered that question in the negative, over ... percent. Defendant was issued a motor-vehicle summons for DWI, N.J.S.A. 39:4-50; careless driving, N.J.S.A. 39:4-97; and ... of 180 days in the Atlantic County Jail, pursuant to N.J.S.A. 39:4-50(a)(3). Defendant was also sentenced to a ten-year ... New Jersey Constitution. The State argues that the amendments to N.J.S.A. 39:4-50(a) have not converted a third or subsequent DWI ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	212375

7 STATE OF NEW JERSEY v. GERALD E. NUNNALLY -- rank: 869

... officer also charged him with violating the general refusal statute, N.J.S.A. 39:4-50.4a, 2 instead of the statute pertaining to refusal by ... and may not be prosecuted under the general refusal statute, N.J.S.A. 39:4-50.4a. Therefore, we affirm the decision of the Law Division ... to take a breath test under the general refusal statute, N.J.S.A. 39:4-50.4a. Defendant denies that he was intoxicated, contending that his ... test, N.J.S.A. 39:3-10.24f and N.J.S.A. 39:4-50.4a(a), the CDL refusal statute requires proof that the ... while the person was under the influence of intoxicating liquor . [ N.J.S.A. 39:4-50.4a(a) (emphasis added).] A driver is "under the influence" of alcohol, N.J.S.A. 39:4-50, when his or her "physical coordination or mental faculties ...

docket:	a6031-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-04
status:	published
citation:	420 N.J. Super. 58 18 A.3d 1044
Document Size:	49556

8 STATEOF NEW JERSEY v. MINA GIRGIS -- rank: 846

... refusing to submit to the breath test as required by N.J.S.A. 39:4-50.29(e). Defendant refused to submit to the test. As ... charged defendant with refusal to provide breath samples 'contrary to N.J.S.A. 39:4-50.2.' The officer also issued Summons No. TR-088015, which ... 2 A-1501-16T4 with driving while intoxicated, contrary to N.J.S.A. 39:4-50; and Summons No. TR-088017, which charged defendant with possessing ... of the refusal charge, arguing that the summons erroneously cited N.J.S.A. 39:4-50.2. Counsel argued that the summons should have cited N.J.S.A. 39:4-50.4a, which he asserted was the statute applicable to the ... summons must be dismissed because the officer failed to cite N.J.S.A. 39:4-50.4a. The judge noted that N.J.S.A. ...

docket:	a1501-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-02
status:	unpublished
citation:
Document Size:	36814

9 STATE OF NEW JERSEY v. PETER J. DITO -- rank: 837

... the alcohol level of his blood because the summons cited N.J.S.A. 39:4-50.2 rather than N.J.S.A. 39:4-50.4a. We reverse. On December 13, 2015, an officer of ... 0244-E15-002005 for driving while intoxicated (DWI), contrary to N.J.S.A. 39:4- 50, and Summons No. 0244-E15-002007 for refusing to submit to a breath test, contrary to N.J.S.A. 39:4-50.2. Defendant moved to dismiss the refusal charge on the ground that the summons referenced N.J.S.A. 39:4-50.2 rather than N.J.S.A. 39:4-50.4a. On April 21, 2016, the municipal court judge ...

docket:	a2699-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-11
status:	unpublished
citation:
Document Size:	35242

10 /usr/local/share/www/libweb/collections/courts/appellate/a4496-16.opn.html -- rank: 835

... ARE ILLEGAL BECAUSE APPELLANT PLEADED GUILTY TO A VIOLATION OF N.J.S.A. 39:4-50.2 BUT WAS SENTENCED UNDER N.J.S.A. 39:4- 50.4a. Following our review of the record, we reject this ... In November 1997, Officer Andrew Perrella charged defendant with violating N.J.S.A. 39:4-50, driving while intoxicated (DWI), and N.J.S.A. 39:4- 50.2, refusal to submit to a breathalyzer examination. The matter ... of refusing to take the breathalyzer test . . . in violation of [N.J.S.A.] 39:4-50.2,' and imposed applicable fines and penalties, including a ten ... in his PCR petition asserts that he 'was charged under N.J.S.A. 39:4-50.2, a statute that does not allege a motor ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	21614

11 State v. Manaf Stas -- rank: 828

... and charged with driving while intoxicated (DWI) in violation of N.J.S.A. 39:4-50(a). Defendant did not comment on Putz’s confession to ... vehicle, defendant said nothing. Defendant was given a summons under N.J.S.A. 39:4-50(a) for allowing Putz, while intoxicated, to operate a vehicle ... use the minivan under defendant’s control in violation of N.J.S.A. 39:4-50(a). It held that Putz’s statement to officers that ... 14) 2. To convict a defendant of “allowing” under N.J.S.A 39:4-50(a), the State must demonstrate beyond a reasonable doubt that ... to a defendant accused of an “allowing” violation of N.J.S.A. 39:4-50. Accordingly, this case is governed by decisions applying self-incrimination ... of a summons at the scene for a violation of N.J.S.A. 39:4-50, the functional equivalent of an arrest for purposes of ...

docket:	A-14-11
court:	NJ Supreme Court
decided:	2012-09-12
status:
citation:	212 N.J. 37 50 A.3d 632
Document Size:	86572

12 State of New Jersey v. Aaron P. Schmidt -- rank: 828

... a second statement in addition to the Standard Statement under N.J.S.A. 39:4-50.2(e). At police headquarters, defendant was read his Miranda ... with refusal to give a breath sample, in violation of N.J.S.A. 39:4-50.2. In the municipal court, defendant consented to be tried ... a reasonable doubt.” Adjudging defendant guilty of refusal under N.J.S.A. 39:4-50.2, the Law Division imposed the same sentence as had ... will lie. Save for penalties that may be imposed under N.J.S.A. 39:4-50.4a, the substance of the standard statement has been delegated ... content of alcohol in his blood[,]” in violation of N.J.S.A. 39:4-50.2(a). Defendant was tried on a stipulated record consisting ... by the police officer to the person under arrest.” N.J.S.A. 39:4-50.2(e). 1 That statement, prepared by the Executive ...

docket:	a-35-10
court:	NJ Supreme Court
decided:	2011-05-26
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citation:
Document Size:	97511

13 STATE OF NEW JERSEY v. PEDRO C. ANICAMA -- rank: 822

... his third or subsequent conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50(a)(3). The Municipal Court allowed him to serve his ... the Municipal Court to a third or subsequent DWI violation, N.J.S.A. 39:4- 50(a)(3); disorderly-persons possession of drug paraphernalia, N.J ... efendant's argument that periodic service is permissible pursuant to N.J.S.A. 39:4-50(a)(3) is without merit,' and ordered defendant to surrender ... to defendants convicted of third or subsequent DWI violations under N.J.S.A. 39:4-50(a)(3). To decide this issue, we must review the ... with the additions and [deletions]. First, Michael's Law amended N.J.S.A. 39:4-50(a)(3): For a third or subsequent violation, a person ... circumstances] participating in a drug or alcohol inpatient rehabilitation program . . . [ N.J.S.A. 39:4-50(a)(3) (1993) & (2018).] Second, Michael's Law amended ...

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

14 State v. Deje M. Coviello -- rank: 822

... ing]” the IID as an additional “penalty.” N.J.S.A. 39:4-50.17(b) (2009) (emphasis added). The court’s role in ... S.A. 2C:33- -2, and the summons for DWI, N.J.S.A. 39:4-50. By agreement, the other charges were dismissed. In April 2014 ... to be started only when the driver is sober.” N.J.S.A. 39:4-50.16(b). It is “a blood alcohol equivalence measuring ... of drunk driving.” Id. § 1(b) (codified at N.J.S.A. 39:4-50.16(b)). Under the original 1999 statutory scheme, sentencing judges ... of the mandatory lic ense suspension period set forth in N.J.S.A. 39:4-50. Id. § 2 (providing that “the court may order� ... id. § 7 (noting the mandatory license suspension periods in N.J.S.A. 39:4-50). The device was to be installed in “every ...

docket:	a-54-21
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:
citation:
Document Size:	53674

15 STATE OF NEW JERSEY v. GERARD E. MAZZARA -- rank: 819

... April 11, 2019 third conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, defendant Gerard E. Mazzara filed a 'PETITION FOR POST[-]CONVICTION ... incarceration, for second and subsequent DWI offenses as required by N.J.S.A. 39:4-50(c). The Paterson Municipal Court denied what it construed as ... 17, 2017, a conviction for a first DWI offense under N.J.S.A. 39:4- 50(a)(1)(i) and (ii) did not permit or require ... was required only for second and subsequent DWI convictions under N.J.S.A. 39:4-50(a)(2) and (3). See ibid. N.J.S.A. 39:4-50(a) was amended effective December 1, 2019, to require installation ... Court and was sentenced as a second-time offender under N.J.S.A. 39:4-50(a)(2).3 At that time, defendant signed a ...

docket:	a5605-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-20
status:	Unpublished
citation:
Document Size:	46532