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166 STATE OF NEW JERSEY v. BRUCE D. LUKENS -- rank: 565

... vacating defendant's 2012 conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50. In 2018, defendant was charged with his third DWI offense ... the advisement that was given to other defendants who 2 N.J.S.A. 39:4-50 provides in relevant part: For a third or subsequent violation ... colloquies are not part of the record before us. 4 N.J.S.A. 39:4-50(a)(3) provides: A-0458-20 4 On April 9 ... 9, 2018 DWI offense and was sentenced in accordance with N.J.S.A. 39:4-50 as a third offender. That enhanced sentence was stayed pending ... it to be made thereafter to correct a manifest injustice.' N.J.S.A. 39:4-50(c) reads in pertinent part: Upon conviction of a violation ... the imposition of enhanced punishment. Nor does defendant argue that N.J.S.A. 39:4-50(c) authorizes the remedy of vacating a guilty plea ...

docket:	a0458-20
court:	NJ Superior Court Appellate Division
decided:	2021-04-13
status:	Unpublished
citation:
Document Size:	25160

167 STATE OF NEW JERSEY v. MARJAN KASAPINOV -- rank: 565

... Law Division found defendant guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50(a). Defendant contends the State did not prove operation of ... engine running is operating the vehicle within the meaning of N.J.S.A. 39:4-50(a), even if the vehicle is not observed in motion ... defendant was not operating the vehicle within the meaning of N.J.S.A. 39:4-50(a). We disagree. A person is deemed to have been ... A-3288-20 9 narcotic, hallucinogenic or habit-producing drug . . . .' N.J.S.A. 39:4-50(a). The State does not have to prove actual operation ... citations omitted). As we recently explained in State v. Thompson: [N.J.S.A. 39:4-50(a)] prohibits 'operat[ion]' of a vehicle while under the ... Thus[,] an intoxicated person could be found guilty of violating N.J.S.A. 39:4-50(a), when running the engine without moving the vehicle, ...

docket:	a3288-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-10
status:	Unpublished
citation:
Document Size:	24016

168 STATE OF NEW JERSEY v. LOUISE FRANK -- rank: 563

... Baumann , we concluded that the defendant's conviction for DWI, N.J.S.A. 39:4-50, merged into his conviction for third-degree aggravated assault, N ... J. 307 , 319-30 (2004) (holding that DWI violation under N.J.S.A. 39:4-50(a) merges into DWI-school zone violation under N.J.S.A. 39:4-50(g), but enhanced penalties for the former, in case of ...

docket:	a0832-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-29
status:	published
citation:	445 N.J.Super. 98 136 A.3d 429
Document Size:	40653

169 STATE OF NEW JERSEY v. GREGORY CLAPPER -- rank: 563

... as a second offender under the "step-down" provision of N.J.S.A. 39:4-50(a)(3), and the Law Division judge erred by finding ... municipal court to refusal to submit to a breath test, N.J.S.A. 39:4-50.4(a), and reckless driving, N.J.S.A. 39:4-96. He had three previous convictions for DWI, N.J.S.A. 39:4-50, though his third DWI offense had occurred more than ten years before his refusal offense. The refusal statute, N.J.S.A. 39:4-50.4(a), provides for enhanced penalties for repeat convictions: Except ... the first offense as a first conviction for sentencing purposes. N.J.S.A. 39:4-50(a)(3). The statute also requires a court to treat ... for purposes of determining the administrative penalties as prescribed by N.J.S.A. 39:4-50(a) -- the revocation of defendant's driver's license, ...

docket:	a0260-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-03
status:	unpublished
citation:
Document Size:	21298

170 STATE OF NEW JERSEY v. HUGH BRESLIN -- rank: 563

... year suspension of his driving privileges as a second offender, N.J.S.A. 39:4-50.4a. We affirm both the conviction and the sentence imposed ... Defendant was charged in Gloucester Township with driving while intoxicated, N.J.S.A. 39:4-50.2 (refusal statute); failure to maintain a lane, 184 N ... SHOULD BE SENTENCED AS A FIRST OFFENDER FOR VIOLATION OF N.J.S.A. [39:4-50.2] REFUSAL TO TAKE A BREATHALYZER TEST - BECAUSE HIS PRIOR ... to a two-year suspension as a second offender under N.J.S.A. 39:4-50.4a because his first conviction under the refusal statute was ... in DiSomma , from seeking the elevated two-year penalty under N.J.S.A. 39:4-50.4a. N.J.S.A. 39:4-50.4a provides in pertinent part: a. Except as provided ...

docket:	a6074-05
court:	njappellate
decided:	2007-05-09
status:	published
citation:	392 N.J. Super. 584
Document Size:	43004

171 MAXINE L. BASCH v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 560

... MVC to give appellant an opportunity to prove, pursuant to N.J.S.A. 39:4-50(a)(3), that her New York conviction was for an ... 2012. On appeal before us, appellant argues pro se: UNDER N.J.S.A. 39:4-50(a)(3), A DWI CONVICTION IN ANOTHER JURISDICTION SHALL NOT BE CONSIDERED A PRIOR CONVICTION UNDER N.J.S.A. 39:4-50 IF BASED UPON A BLOOD ALCOHOL CONCENTRATION OF LESS THAN ... was not for an offense "substantially similar" to DWI under N.J.S.A. 39:4-50. More specifically, she argues that her New York offense involved ... 1983)). At the same time, we recognized in Zeikel that N.J.S.A. 39:4-50(a)(3) establishes an affirmative defense by which a New ... a proscribed blood alcohol concentration of less than 0.08%. [ N.J.S.A. 39:4-50(a)(3).] We described in Zeikel , supra , 423 N. ...

docket:	a6009-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-07-16
status:	Published
citation:
Document Size:	18496

172 STATE OF NEW JERSEY v. VANDANA RUPANI -- rank: 560

... defendant guilty of the following charges: driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusal to submit to chemical test (refusal), N.J.S.A. 39:4-50.2; reckless driving, N.J.S.A. 39:4-96 ... any offense occurring on or 1 On August 23, 2019, N.J.S.A. 39:4-50 was amended to expand the use of ignition interlock devices ... 2881-19 31 On August 23, 2019, the Legislature amended N.J.S.A. 39:4-50 to expand the use of ignition interlock devices and reduce ... 2005), the State appealed the court's retroactive application of N.J.S.A. 39:4-50 which imposed a DWI sentence enacted after the date of ...

docket:	a2881-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-12
status:	Unpublished
citation:
Document Size:	68352

173 /usr/local/share/www/libweb/collections/courts/supreme/a6009-11.opn.html -- rank: 560

... MVC to give appellant an opportunity to prove, pursuant to N.J.S.A. 39:4-50(a)(3), that her New York conviction was for an ... 2012. On appeal before us, appellant argues pro se: UNDER N.J.S.A. 39:4-50(a)(3), A DWI CONVICTION IN ANOTHER JURISDICTION SHALL NOT BE CONSIDERED A PRIOR CONVICTION UNDER N.J.S.A. 39:4-50 IF BASED UPON A BLOOD ALCOHOL CONCENTRATION OF LESS THAN ... was not for an offense "substantially similar" to DWI under N.J.S.A. 39:4-50. More specifically, she argues that her New York offense involved ... 1983)). At the same time, we recognized in Zeikel that N.J.S.A. 39:4-50(a)(3) establishes an affirmative defense by which a New ... a proscribed blood alcohol concentration of less than 0.08%. [ N.J.S.A. 39:4-50(a)(3).] We described in Zeikel , supra , 423 N. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	17182

174 State v. Traci E. Stanton -- rank: 558

... although both N.J.S.A. 2C:11-5b and N.J.S.A. 39:4-50 define intoxication identically, the principles set forth in Johnson still ... 39:1-1 to :13-8. DWI is proscribed at N.J.S.A. 39:4-50 and it is a part of Article 9 that relates ... S.A. 39:4-96, and driving while intoxicated (DWI), N.J.S.A. 39:4-50. The vehicular homicide charge was tried to a jury and ...

docket:	a-7-01
court:	njsupreme
decided:	2003-04-17
status:
citation:	176 N.J. 75
Document Size:	118185

175 STATE OF NEW JERSEY v. STEPHEN A. MCMAHON -- rank: 558

... court also imposed a $1000 fine and other mandatory 1 N.J.S.A. 39:4-50. 2 N.J.S.A. 39:4-50.4a. 3 N.J.S.A. 39:3-40. 2 ... refusal to submit to the breath test in violation of N.J.S.A. 39:4-50.4a. The judge concluded: 'In looking at the overall presentation ... to the following: 1. Driving While Intoxicated in violation of N.J.S.A. 39:4-50; 2. Refusal to Submit to Breath Testing, in violation of N.J.S.A. 39:4-50.2; 3. Reckless Driving, in violation of N.J.S ...

docket:	a0450-16
court:	NJ Superior Court Appellate Division
decided:	2017-12-27
status:	unpublished
citation:
Document Size:	38921

176 STATE OF NEW JERSEY v. MICHAEL RICCIUTI -- rank: 556

... driving while intoxicated (DWI), a per se violation contrary to N.J.S.A. 39:4-50, stemming from his operation of a motor vehicle while having ... which is slightly more than twice the legal limit. See N.J.S.A. 39:4- 50 (prohibiting individuals with a BAC of 0.08% or more ... vehicles). As a result, defendant was issued summonses for DWI, N.J.S.A. 39:4- 50; speeding, N.J.S.A. 39:4-98; unsafe lane ... a negotiated guilty plea to a per se violation of N.J.S.A. 39:4-50. In exchange, the prosecutor agreed to dismiss the remaining violations ... defendant had a previous drunk driving conviction in 2012. See N.J.S.A. 39:4-50 (setting forth the penalties for first and subsequent DWI violations ... admitted in evidence' to prove a per se violation of N.J.S.A. 39:4-50. 194 N.J. at 148, 150. Consequently, the Court ...

docket:	a1196-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-19
status:	Unpublished
citation:
Document Size:	31367

177 STATE OF NEW JERSEY v. JOHN D. WILLIAMS, JR -- rank: 556

... entered a conditional guilty plea to driving while intoxicated (DWI), N.J.S.A. 39:4-50, and possession of a hypodermic syringe, N.J.S.A ... for his guilty plea] established all the essential elements of N.J.S.A. 39:4-50.' The judge declined to consider defendant's argument concerning the ... suspicion that defendant was under the influence and had violated N.J.S.A. 39:4-50. Accordingly, the officer properly ordered defendant to exit the vehicle ... under the influence of intoxicating . . . narcotic' is guilty of DWI. N.J.S.A. 39:4-50(a). The term 'operate' as used in N.J.S.A. 39:4-50(a) has been broadly interpreted. State v. Tischio, 107 N ... under the influence of intoxicating liquor, within the meaning of N.J.S.A. 39:4-50 . . . when, in that condition, he enters a stationary vehicle, ...

docket:	a5251-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-31
status:
citation:
Document Size:	28947

178 State of New Jersey v. Laura Moran -- rank: 556

... before this Court referenced the driving-while-intoxicated (DWI) statute, N.J.S.A. 39:4-50, which requires a license suspension between seven and twelve months ...

docket:	a-55-09
court:	supreme
decided:	2010-07-13
status:
citation:
Document Size:	107788

179 STATE OF NEW JERSEY v. EMMITT WORTHY, III -- rank: 556

... from his de novo convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusal to submit to a breathalyzer test, N.J.S.A. 39:4-50.2; reckless driving, N.J.S.A. 39:4-96 ... device term on defendant's vehicle for driving while intoxicated, N.J.S.A. 39:4-50; a consecutive seven-month license suspension and twelve hours to ... the IDRC for refusing to submit to a breathalyzer test, N.J.S.A. 39:4-50.2; and a concurrent six-month license suspension for leaving ... interlock term on defendant's vehicle for driving while intoxicated, N.J.S.A. 39:4-50; a consecutive seven-month license suspension, twelve hours in the ... device term for refusing to submit to a breathalyzer test, N.J.S.A. 39:4-50.2; and a concurrent six-month license suspension for ...

docket:	a1780-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-28
status:	unpublished
citation:
Document Size:	25407

180 State v. John P. Greeley -- rank: 556

... test of his or her blood alcohol level. 1. Under N.J.S.A. 39:4-50.2, a person whose blood-alcohol level is tested by ... case law and is inconsistent with the legislative intent underpinning N.J.S.A. 39:4-50.2. Reading the statute in conjunction with N.J.S ... This appeal concerns the right of a defendant, pursuant to N.J.S.A. 39:4-50, which prohibits operation of a motor vehicle by a person ... II.     Police administration of blood-alcohol tests is governed by N.J.S.A. 39:4-50.2, which provides that, after a chemical breath-test is ... of the statute is inconsistent with the legislative intent underpinning N.J.S.A. 39:4-50.2 when that provision is viewed in the fuller context ... under the influence of intoxicating liquor or drugs, pursuant to [ N.J.S.A. ] 39:4-50. [(Emphasis added).]      It is illogical to conclude that the ...

docket:	a-48-02
court:	njsupreme
decided:	2003-11-13
status:
citation:	178 N.J. 38
Document Size:	42384