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121 STATE OF NEW JERSEY v. JULIAN REY-ARANGO -- rank: 605

... in the Elizabeth Municipal Court of driving while intoxicated (DWI), N.J.S.A. 39:4-50. Following a trial de novo in the Law Division, he was again found guilty. As a first offender under N.J.S.A. 39:4-50(a)(1)(ii), defendant was sentenced to participate for twelve ... LAW DIVISION ERRED IN FINDING THE DEFENDANT GUILTY OF VIOLATING N.J.S.A. 39:4-50, BECAUSE THE STATE FAILED TO PROVE THE PER SE VIOLATION ... However, we remand to the Law Division for resentencing under N.J.S.A. 39:4-50(a)(1)(i). I. The State developed the following proofs ... Brown , 118 N.J. 595 , 604 (1990). "[A] violation of N.J.S.A. 39-4.50(a), may be proven 'through either of two alternative evidential ... results are admissible to support a per se violation of N.J.S.A. 39:4-50. Chun , supra , 194 N.J. at 65. As a ...

docket:	a4034-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-26
status:	unpublished
citation:
Document Size:	35159

122 STATE OF NEW JERSEY v. WILLIAM YUENGLING -- rank: 605

... convicted for the third time of driving while intoxicated (DWI), N.J.S.A. 39:4-50. He was also convicted of refusal to provide a breath sample (refusal), N.J.S.A. 39:4-50.2; failure to exhibit insurance, N.J.S.A. 39 ... BAC) was 0.141 percent, a per se DWI violation. N.J.S.A. 39:4-50(a). Defendant testified and presented several witnesses to prove that ... convicted of allowing Putz to drive while intoxicated pursuant to N.J.S.A. 39:4-50(a). Ibid. The Law Division, in its trial de novo ... his blood[.]" Id. at 279 (second alteration in original) (quoting N.J.S.A. 39:4-50.2(a)). The fact that in this particular case the ... the consequences of refusing to submit to such test . . . .'" (citing N.J.S.A. 39:4-50.4a)). 5 Ortiz later signed a consent form, which ...

docket:	a0437-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-04
status:	unpublished
citation:
Document Size:	48453

123 STATE OF NEW JERSEY v. THOMAS DONNELLY -- rank: 603

... his challenge to the imposition of incarceration penalties, pursuant to N.J.S.A. 39:4-50(a)(3), following his guilty plea to a fifth driving while intoxicated (DWI) offense, N.J.S.A. 39:4-50. Defendant argues two prior offenses were uncounseled and, most likely ... a period of incarceration, the custodial term set forth in N.J.S.A. 39:4-50(a)(2), must be imposed. The facts providing context for ... State v. Revie , 220 N.J. 126 , 128 (2014) (citing N.J.S.A. 39:4-50(a)(3)).] On appeal, defendant again argues his second-offense ... driver's license[,]" which "constitutes an administrative penalty imposed by N.J.S.A. 39:4-50(a)." Id. at 140 n.4. See also State v ... used to enhance the DWI administrative penalties set forth in N.J.S.A. 39:4-50(a)). Consequently, the number of prior DWI violations actually ...

docket:	a5041-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-12
status:	unpublished
citation:
Document Size:	23575

124 STATE OF NEW JERSEY v. PETER RUSCHMANN -- rank: 603

... appeals from his sixth conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, following a trial in the Law Division. On appeal, defendant ... the penalties for a third-time or subsequent offender under N.J.S.A. 39:4-50. The court stayed the incarceration portion of defendant's sentence ... was not eligible for the "step-down" provision provided in N.J.S.A. 39:4-50(a)(3). The judge ordered the same sentence as defendant ... from a DWI conviction escalate with each subsequent DWI conviction. N.J.S.A. 39:4-50. A first-time offender may "in the discretion of the ... a term of imprisonment of not more than 30 days . . . ." N.J.S.A. 39:4-50(a)(1)(i) and (ii). A second offender is exposed ... less than 48 consecutive hours . . . nor more than 90 days . . . ." N.J.S.A. 39:4-50(a)(2). For a third or subsequent offense, the ...

docket:	a0527-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-11
status:	unpublished
citation:
Document Size:	25199

125 State v. Scott Robertson -- rank: 601

... seven months, the minimum period for a first offender under N.J.S.A. 39:4-50(a)(1)(ii). Upon defendant’s request and without objection ... again, the State must carry the burden of proof under N.J.S.A. 39:4-50 beyond a reasonable doubt. If convicted at the Law Division ... of .13 percent, which is above the legal limit. See N.J.S.A. 39:4-50. As a result, the officer issued summonses for DWI, ibid ... seven months, the minimum period for a first offender under N.J.S.A. 39:4-50(a)(1)(ii). Defense counsel asked the court to stay ... again, the State must carry the burden of proof under N.J.S.A. 39:4-50 beyond a reasonable doubt. See Kuropchak , supra , 221 N.J ... time the trial de novo takes place. See, e.g. , N.J.S.A. 39:4-50(a)(1)(i) (imposing license suspension of three months ...

docket:	A-58-14
court:	NJ Supreme Court
decided:	2017-03-08
status:
citation:	228 N.J. 138 155 A.3d 571
Document Size:	76423

126 STATE OF NEW JERSEY v. ROBERT SLIZEWSKI -- rank: 599

... read his Miranda rights and the DWI Standard Statement under N.J.S.A. 39:4-50.4a. Defendant agreed to submit to a breathalyzer test. Officer ... the driver was operating a motor vehicle in violation [of N.J.S.A. 39:4-50].'" Moskal , supra , 246 N.J. Super. at 21 (quoting Strelecki ... while under the influence of intoxicating liquor' in violation of N.J.S.A. 39:4-50 . . . ." State v. Bealor , 187 N.J. 574 , 585 (2006). When ... In finding defendant guilty under the per se prong of N.J.S.A. 39:4-50, the Law Division judge stated that it was within his ... ways to prove a defendant guilty of DWI pursuant to N.J.S.A. 39:4-50: "proof of a defendant's physical condition or proof of ... form the basis of a conviction for a violation of N.J.S.A. 39:4-50. Ibid. See also Chun , supra , 194 N.J. at ...

docket:	a3408-07
court:	superior court appellate division
decided:	2010-04-29
status:	Unpublished
citation:
Document Size:	76727

127 STATE OF NEW JERSEY v. WILLIAM T. BARFUSS -- rank: 599

... vacate his guilty plea to Driving Under the Influence (DUI), N.J.S.A. 39:4-50. Defendant contends that he should be allowed to vacate the ... received three traffic tickets on December 15, 2005, for DUI, N.J.S.A. 39:4-50, Careless Driving, N.J.S.A. 39:4-97 and ... specifically that he had operated a vehicle as required by N.J.S.A. 39:4-50. On April 26, 2010, the municipal judge denied the motion ... factual basis for a guilty plea under the DUI statute. N.J.S.A. 39:4-50 defines someone driving while under the influence as: a person ... more by weight of alcohol in the defendant's blood. [ N.J.S.A. 39:4-50(a).] Our Supreme Court has espoused a broad reading of the terms of N.J.S.A. 39:4-50 in order to effectuate legislative intent. State v. Tischio , ...

docket:	a3696-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-18
status:	unpublished
citation:
Document Size:	29133

128 STATE OF NEW JERSEY v. GORDON ODIRA -- rank: 596

... 39:4-50; refusing to submit to a breath test, N.J.S.A. 39:4-50.2; reckless driving, N.J.S.A. 39:4-96 ... driving while intoxicated within one thousand feet of a school, N.J.S.A. 39:4-50(g)(1); failure to maintain lane, N.J.S.A ... dismiss the refusal complaint. Rather, the dismissal of that 1 N.J.S.A. 39:4-50.2(e) requires the reading of a uniform statement promulgated ... Further, '[a] refusal charge in connection with a first offense N.J.S.A. 39:4-50 [DWI] charge shall not be dismissed by a plea agreement ... ibid. ('A refusal charge in connection with a first offense N.J.S.A. 39:4-50 [DWI] charge shall not be dismissed by a plea agreement ... at the plea hearing. A-3012-21 12 violation of N.J.S.A. 39:4-50.4(a). Stated another way, this does not appear ...

docket:	a3012-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-12
status:	Unpublished
citation:
Document Size:	30032

129 STATE OF NEW JERSEY v. ANNE SHEARMAN -- rank: 596

... of driving while under the influence of intoxicating liquor (DUI), N.J.S.A. 39:4-50; refusal to submit to a chemical breath test, N.J.S.A. 39:4-50.2; and related motor vehicle violations. Defendant's seven-month ... THE CHARGES SHOULD HAVE BEEN DISMISSED. V. THE CHARGE UNDER N.J.S.A. 39:4-50.2e/39:4-50.4a (SUMMONS NO. 72778) SHOULD BE ... s decision, the Law Division found defendant guilty of DUI, N.J.S.A. 39:4-50; and refusal to submit to a chemical breath test, N.J.S.A. 39:4-50.4a. The court grounded its finding of DUI on defendant ... chemical breath test. To sustain a conviction for refusal under N.J.S.A. 39:4-50.4a, the State must prove the following beyond a ...

docket:	a1780-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-21
status:	unpublished
citation:
Document Size:	55083

130 /usr/local/share/www/libweb/collections/courts/appellate/a2506-17.opn.html -- rank: 596

... was convicted of refusal to submit to a breath test, N.J.S.A. 39:4-50.4a; and failure to maintain a lane, N.J.S ... 88(b). She was acquitted of driving while intoxicated (DWI), N.J.S.A. 39:4-50; and reckless driving, N.J.S.A. 39:4-96 ... State v. Marquez, 202 N.J. 485, 503 (2010) (citing N.J.S.A. 39:4-50.2(e); N.J.S.A. 39:4-50.4a(a); State v. Wright, 107 N.J. 488, 490 ... evidence present in the record. Under the implied consent statute, N.J.S.A. 39:4-50.2(a), each motorist using the public roads in the ... requested to do so will be charged with refusal under N.J.S.A. 39:4-50.4a, triggering a mandatory suspension of the motorist's ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	24372

131 STATE OF NEW JERSEY v. KAREN WEIL -- rank: 596

... scant. On October 25, 1994, defendant pled guilty to DWI, N.J.S.A. 39:4-50, in Wayne Township (Wayne) Municipal Court, for an incident occurring ... court judge sentenced defendant as a third offender pursuant to N.J.S.A. 39:4-50(a)(3), but stayed the mandatory six-month custodial sentence ... be imposed for a second-time offender is 90 days, N.J.S.A. 39:4-50(a)(2), whereas the minimum jail sentence for a third-time offender is 180 days, N.J.S.A. 39:4-50(a)(3). Thus, a step-down custodial sentence for a ...

docket:	a5999-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-05
status:	published
citation:	421 N.J. Super. 121 22 A.3d 983
Document Size:	39405

132 /usr/local/share/www/libweb/collections/courts/appellate/a5042-11xx.opn.html -- rank: 594

... second appeal challenges his conviction of driving while intoxicated (DWI), N.J.S.A. 39:4-50, entered by the Law Division. After careful review, we affirm ... N.J.S.A. 39:4-97 (careless driving) and N.J.S.A. 39:4-50 (DWI), and was involved in an accident resulting in "death ... the State proved a "per se" violation of DWI, under N.J.S.A. 39:4-50(a), based upon defendant's BAC of .146. He also ... THE STANDARD OF PROOF TO ESTABLISH GUILT OR [INNOCENCE] OF N.J.S.A. 39:4-50 IS BY THE PREPONDERANCE OF EVIDENCE OR BEYOND A REASONABLE ... of the evidence standard, determined defendant was not guilty of N.J.S.A. 39:4-50; whereas the municipal court judge, using the higher standard of ... defendant's .146 BAC established a per se violation under N.J.S.A. 39:4-50(a). State v. Howard , 383 N.J. Super. 538 , ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	47343

133 STATE OF NEW JERSEY v. MARK DAVID CARLSON -- rank: 594

... Mark Carlson appeals his conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, after a trial de novo in the Law Division. After ... received traffic summonses for driving under the influence of alcohol, N.J.S.A. 39:4-50, driving under the influence in a school zone, N.J.S.A. 39:4-50(g), failure to keep right, N.J.S.A. 39 ... DWI charges. The court found a per se violation of N.J.S.A. 39:4-50 based solely on the Alcotest BAC reading of .13. The ... trial. Consequently, the judge found defendant guilty of DWI under N.J.S.A. 39:4-50 and imposed the same sentence as the municipal court. Defendant ... New Jersey that a defendant charged with a violation of N.J.S.A. 39:4-50 has no right to a jury trial. State v. ...

docket:	a0772-10
court:	NJ Superior Court Appellate Division
decided:	2011-09-14
status:	unpublished
citation:
Document Size:	57792

134 NEW JERSEY MOTOR VEHICLE COMMISSION v. JOHN W. WANECK -- rank: 594

... second appeal challenges his conviction of driving while intoxicated (DWI), N.J.S.A. 39:4-50, entered by the Law Division. After careful review, we affirm ... N.J.S.A. 39:4-97 (careless driving) and N.J.S.A. 39:4-50 (DWI), and was involved in an accident resulting in "death ... the State proved a "per se" violation of DWI, under N.J.S.A. 39:4-50(a), based upon defendant's BAC of .146. He also ... THE STANDARD OF PROOF TO ESTABLISH GUILT OR [INNOCENCE] OF N.J.S.A. 39:4-50 IS BY THE PREPONDERANCE OF EVIDENCE OR BEYOND A REASONABLE ... of the evidence standard, determined defendant was not guilty of N.J.S.A. 39:4-50; whereas the municipal court judge, using the higher standard of ... defendant's .146 BAC established a per se violation under N.J.S.A. 39:4-50(a). State v. Howard , 383 N.J. Super. 538 , ...

docket:	a0843-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-15
status:	unpublished
citation:
Document Size:	48002

135 STATE OF NEW JERSEY v. MALICK THIOUBOU -- rank: 594

... de novo review, of refusing to submit to a breathalyzer, N.J.S.A. 39:4-50.4(a); failure to maintain travel on a marked lane ... for motor vehicle operators to defendant as required pursuant to N.J.S.A. 39:4-50.2(e). Defendant ultimately refused to submit to the test ... statement. Defendant was subsequently charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusal to provide samples of breath, N.J.S.A. 39:4- 50.2; reckless driving, N.J.S.A. 39:4-96 ... exclusionary rule is applicable. POINT IV Defendant's conviction of [ N.J.S.A.] 39:4-50.2 (and amended [ N.J.S.A.] 39:4-50.4(a)) should be vacated because there was insufficient ...

docket:	a0716-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-20
status:	Unpublished
citation:
Document Size:	29497