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106 STATE OF NEW JERSEY v. ADAM C. SPEARS -- rank: 621

... and he was twice convicted of the Pennsylvania equivalent of N.J.S.A. 39:4-50. Accordingly, we affirm. Defendant was issued motor vehicle summonses on ... arguing his prior Pennsylvania convictions were not statutory equivalents of N.J.S.A. 39:4-50, which he maintained he was never convicted of violating. Further ... concedes he was twice convicted of the Pennsylvania equivalent of N.J.S.A. 39:4-50. However, focusing on the effective date of his prior Pennsylvania ... his "suspension for his first Commonwealth of Pennsylvania equivalent of N.J.S.A. 39:4-50[,] did not commence until . . . months after [his] operation in [New ... NOT SUSPENDED FOR THE COMMONWEALTH OF PENNSYLVANIA'S EQUIVALENT OF N.J.S.A. 39:4-50 ON THE DAY HE OPERATED A MOTOR VEHICLE IN OCEAN ... suspended or revoked for a second or subsequent violation of [ N.J.S.A. ] 39:4-50, or section 2 of [ N.J.S.A. ] 39: ...

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status:	unpublished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

107 State of New Jersey v. Florence Hessen -- rank: 619

... a ban on plea bargaining in cases involving violations of N.J.S.A. 39:4-50 does not violate the constitutional separation of powers and does ... intoxicated person to operate her motor vehicle, in violation of N.J.S.A. 39:4-50 (hereinafter referred to as an "allowing" or "permitting" offense). The ... a ban on plea bargaining in cases involving violations of N.J.S.A. 39:4-50. That statute includes four specific offenses, two of which do ... A . Driving while under the influence of liquor or drugs ( N.J.S.A. 39:4-50 are:         [1]    Operating a motor vehicle while under the influence ... on the types of drinking and driving offenses listed in N.J.S.A. 39:4-50 that were subject to the ban on plea bargaining. Accordingly ... reduction initiatives, supported by the Legislature through the codification of N.J.S.A. 39:4-50, N.J.S.A. 2C:35-1 et seq. ...

docket:	a-49-94
court:	njsupreme
decided:	1996-07-22
status:
citation:	145 N.J. 441
Document Size:	43563

108 STATE OF NEW JERSEY v. SCOTT ROBERTSON -- rank: 614

... of driving while under the influence of intoxicating liquor (DWI), N.J.S.A. 39:4-50. Defendant's appeal pertains mainly to the admissibility of Alcotest ... producing the .13 BAC result, he was charged with DWI, N.J.S.A. 39:4-50, as well as failure to maintain a lane, N.J ... months — the minimum sanctions allowed under the circumstances. See N.J.S.A. 39:4-50(a)(1)(ii). Defense counsel requested a stay of the ... results were admissible to prove a per se violation of N.J.S.A. 39:4-50. Ibid. To demonstrate the device's proper working order, the ... seven days — thirty days for his first DWI offense, N.J.S.A. 39:4-50 (a)(1)(ii); sixty days on the reckless driving charge ... and Law Division judges were satisfied that defendant had violated N.J.S.A. 39:4-50 based on the observational case. The State's stipulation ...

docket:	a0296-13
court:	NJ Superior Court Appellate Division
decided:	2014-11-14
status:	published
citation:	438 N.J.Super. 47 102 A.3d 381
Document Size:	77917

109 STATE OF NEW JERSEY V. EILEEN PIERCE -- rank: 614

... operation of motor vehicle while knowingly possessing controlled dangerous substances); N.J.S.A. 39:4-50 (imposing mandatory license suspensions for driving-while-intoxicated convictions; six ... public highway for purpose of obstructing passage of other vehicles); N.J.S.A. 39:4-50, -96 to -98, -129) that have resulted in death or ...

docket:	a-19-93
court:	njsupreme
decided:	1994-06-15
status:
citation:	136 N.J. 184
Document Size:	117446

110 STATE OF NEW JERSEY v. JOSEPH A. VIRGINIA JR -- rank: 614

... DWI OFFFENSE WAS TREATED AS A FIRST OFFENSE PURSUANT TO N.J.S.A. 39:4-50(a)(3). We have considered this argument in light of ... the second DWI pursuant to the step-down provision of N.J.S.A. 39:4-50(a)(3), and defendant's license was suspended for seven ... his August 9, 2011 second DWI under the DWI statute ( N.J.S.A. 39:4-50(a)(3)). Therefore, he was properly allowed to have that ... a first DWI "for sentencing purposes." The defendant cannot use N.J.S.A. 39:4-50(a)(3) to negate the applicability under these facts of ... qualification for lenient sentencing under the step-down provision of N.J.S.A. 39:4-50(a)(3) essentially dissolves his prior DWI conviction and renders ... offenders. This reading is contrary to the unambiguous language of N.J.S.A. 39:4-50(a)(3) and creates a false connection between N. ...

docket:	a2415-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	16255

111 STATE OF NEW JERSEY v. DONALD LESSER -- rank: 614

... 31, 2012, defendant was arrested for driving while intoxicated (DWI), N.J.S.A. 39:4-50. It is undisputed that, after he was transported to police headquarters, defendant was read the Standard Statement authorized by N.J.S.A. 39:4-50.2(e). 1 Defendant declined to submit to the breathalyzer ... charged with refusal to consent to provide a breath sample, N.J.S.A. 39:4-50.2. 2 Defendant entered a guilty plea to the DWI ... mandatory minimum seven-month license suspension. The implied consent law, N.J.S.A. 39:4-50.2(a), sets the framework for this argument, as it ... of refusing to submit to such test in accordance with [ N.J.S.A. 39:4-50.4a]. A standard statement, prepared by the chief administrator, shall ... read by the police officer to the person under arrest. [ N.J.S.A. 39:4-50.2(e).] The focus of the appeal in State ...

docket:	a4162-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-29
status:	unpublished
citation:
Document Size:	20573

112 STATE OF NEW JERSEY v. WILLIAM O'DRISCOLL -- rank: 614

... Defendant appeals from his convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusal to submit to a chemical breath test, N.J.S.A. 39:4-50.4a and N.J.S.A. 39:4-50.2; and possessing an open container of alcohol in an ... Vehicle Commission Standard Statement for Operators of a Motor Vehicle, N.J.S.A. 39:4-50.2(e), revised effective January 21, 2004 (the January 2004 ... DEFENDANT POINT II THE POLICE DID NOT READ THE VALID N.J.S.A. 39:4-50.2(e) STATEMENT TO MR. O'DRISCOLL; SINCE THE REFUSAL ... must be reversed. To sustain a conviction for refusal under N.J.S.A. 39:4-50.4a(a), the State must prove each of the ...

docket:	a4341-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-01
status:	unpublished
citation:
Document Size:	30613

113 STATE OF NEW JERSEY v. THOMAS BURNS -- rank: 612

... 40, and driving without an interlock device in violation of N.J.S.A. 39:4-50.19. On July 31, 2014, the police discovered that defendant ... ten years due to driving while intoxicated (DWI) contrary to N.J.S.A. 39:4-50. The police also learned defendant had multiple prior convictions and ... TO THE STATE'S PROOF, APPELLANT HAD ONLY ONE (1) N.J.S.A. 39:4-50 CONVICTION ON THE DAY HE OPERATED A MOTOR VEHICLE IN ... suspended or revoked for a second or subsequent violation of [ N.J.S.A. 39:4-50]. . . . A person convicted of an offense under this subsection shall ... We also adopted the rationale that "enhanced penalties pursuant to N.J.S.A. 39:4-50 or N.J.S.A. 39:3-40 may be ... a motor vehicle.'" Id. at 637-38. A conviction under N.J.S.A. 39:4-50 is of a "substantially similar nature" to the DLC' ...

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

114 State v. Reynold Regis -- rank: 610

... arrested defendant for driving under the influence in violation of N.J.S.A. 39:4-50. Although no controlled dangerous substances were found on defendant’s ... driving under the influence of a controlled dangerous substance (CDS), N.J.S.A. 39:4-50, possession of CDS, N.J.S.A. 2C:35-10 ...

docket:	A-81-10
court:	NJ Supreme Court
decided:	2011-12-14
status:
citation:
Document Size:	65769

115 STATE OF NEW JERSEY v. JOAN BULLOCK -- rank: 610

... Bullock appeals from her convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50, and refusal to submit to a breath test, N.J.S.A. 39:4-50.4(a). For the reasons that follow, we affirm. We ... Vehicle Commission Standard Statement for Operators of a Motor Vehicle, N.J.S.A. 39:4-50.2(e). Patrolman Tomaszewski explained that he delivered the Standard ... at 162. New Jersey's implied consent law, codified at N.J.S.A. 39:4-50.2, reads in relevant part: (a) Any person who operates ... operating a motor vehicle in violation of the provisions of [ N.J.S.A. 39-4:50] . . . . [ N.J.S.A. 39:4-50.2(a).] Moreover, the statute requires that police officers ...

docket:	a2451-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-09
status:	unpublished
citation:
Document Size:	25365

116 MATTHEW ROBINSON v. PEDRO PACHECO, et al. -- rank: 610

... trial court concluded that plaintiff's action was barred by N.J.S.A. 39:4-50.2, rather than N.J.S.A. 39:4-50.4a, which is the statutory provision relating to a motor ... obligation to submit to a blood alcohol test referenced in N.J.S.A. 39:4-50.2 provides in pertinent part: (a) Any person who operates ... violation of the provisions of R.S. 39:4-50 . N.J.S.A. 39:4-50.4a provides in pertinent part: a. Except as provided in ... in which case the revocation shall be for ten years. N.J.S.A. 39:4-50.4a also sets forth the fines that must be imposed ... s refusal to submit to a blood alcohol test. Thus, N.J.S.A. 39:4-50.2 does not set forth any motor vehicle violation; ...

docket:	A3854-05
court:	NJ Superior Court Appellate Division
decided:	2007-03-13
status:	unpublished
citation:
Document Size:	24113

117 /usr/local/share/www/libweb/collections/courts/trial/state-v-henry.opn.html -- rank: 608

... second-offender under the so-called “step down” provision. N.J.S.A. 39:4-50(a)(3). The municipal court sentenced defendant to sixty days ... maximum fine of $1000, the range being $500 to $1000. N.J.S.A. 39:4-50(a)(2). Before hearing this municipal appeal, this court obtained ... incarcerate at all in the case of first offenders. See N.J.S.A. 39:4-50(a)(1)(i) and (ii) (allowing for first offender â ... to impose a jail term of up to ninety days. N.J.S.A. 39:4-50(a)(2) (stating that second offenders “shall be sentenced ... suspended or served on probation, nor more than 90 days”); N.J.S.A. 39:4-50(a)(3) (stating that that imprisonment for first or second ... half of that to be served in in-patient treatment. N.J.S.A. 39:4-50(a)(3). The Criminal Code requires a sentencing court ...

docket:	State-v-Henry
court:	NJ Superior Court Law/Chancery Division
decided:	0000-00-00
status:
citation:
Document Size:	50412

118 STATE OF NEW JERSEY v. JENNIFER BISCO -- rank: 608

... she had been found guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50. 1 As a result of a plea agreement, defendant entered ... driving while suspended as a result of a violation of N.J.S.A. 39:4-50). At the trial de novo, the Law Division judge concluded ... opinion, the judge relied on the original legislative formulation of N.J.S.A. 39:4-50(a)(3), which purported to criminalize third offense DWI charges ... a defendant sentenced as a DWI third offender pursuant to N.J.S.A. 39:4-50(a)(3). We found that a labor-assistance program, such ... our conclusion in Luthe that the analogous reference found in N.J.S.A. 39:4-50(a)(3), to service of a sentence "in a county ... jail or workhouse" from mandatory incarceration including that language, compare N.J.S.A. 39:4-50(a)(3) and the same statute before the 2004 ...

docket:	a6229-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-01
status:	unpublished
citation:
Document Size:	16786

119 STATE OF NEW JERSEY v. LORI YAKITA -- rank: 608

... arrested in Absecon and charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50, and refusal to submit to a chemical breath test (refusal), N.J.S.A. 39:4-50.4a. In May 2017, the municipal court conducted a one ... SINCE THE DEFENDANT WAS ACQUITTED OF DWI IN VIOLATION OF N.J.S.A. 39:4-50 IN THE MUNICIPAL COURT BELOW BECAUSE THE STATE DID NOT ... DOUBT THERETO, DEFENDANT'S CONVICTION FOR REFUSAL IN VIOLATION OF N.J.S.A. 39:4- 50.4A MUST BE REVERSED BY THE APPELLATE DIVISION SINCE THE ... POINT III DEFENDANT'S CONVICTION FOR REFUSAL IN VIOLATION OF N.J.S.A. 39:4-50.4a SHOULD BE REVERSED AND REMANDED FOR A NEW TRIAL ... you again, will you submit to breath testing? 1 See N.J.S.A. 39:4-50.2(e), providing in pertinent part: No chemical test . . . ...

docket:	a2589-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-29
status:	Unpublished
citation:
Document Size:	21815

120 STATE OF NEW JERSEY v. MARY STICKEL -- rank: 608

... to vacate a 1996 conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50. We affirm. Given the passage of time, the record of ... by the Borough of Fair Lawn Police Department with DWI, N.J.S.A. 39:4-50, careless driving, N.J.S.A. 39:4-97, and ... the then prevailing provisions for a first time offender under N.J.S.A. 39:4-50, including suspending defendant's driving privileges for a period of ... returned to the municipal court the official notice required under N.J.S.A. 39:4-50(a), apprising her of the legal ramifications of her conviction ... as a basis to enhance the penalties called for under N.J.S.A. 39:4-50 for a subsequent DWI conviction. Defendant explained the basis for ... a plea to driving under the influence in violation of N.J.S.A. 39:4-50. At the time of the plea, to the best ...

docket:	a1113-11
court:	NJ Superior Court Appellate Division
decided:	2012-05-23
status:	unpublished
citation:
Document Size:	30858