Search Rutgers Law Library N.J. Court Opinions

181 STATE OF NEW JERSEY v. HENRY ARATOW -- rank: 554

... 15, 1988, defendant was convicted of driving while intoxicated (DWI), N.J.S.A. 39:4-50, and his driving privileges were suspended for six months. This ... charged with DWI, refusal to submit to a breath sample, N.J.S.A. 39:4-50.2, and making an improper left hand turn, N.J ... Y]ou wish to enter a plea of guilty to [ N.J.S.A. ] 39:4-50[(a)](1) which exposes you to the penalty of three ... if he were convicted of another DWI, as required by N.J.S.A. 39:4-50(c). 1 While the record indicates that defendant received written ... as to whether the court obtained a sufficient factual basis. N.J.S.A. 39:4-50(a) provides that to be guilty of DWI, a person ... remanded. We do not retain jurisdiction. 1 In relevant part, N.J.S.A. 39:4-50(c) provides: Upon conviction of a violation of this ...

docket:	a0892-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-05
status:	unpublished
citation:
Document Size:	30870

182 STATE OF NEW JERSEY v. KEITH E. MILLER -- rank: 554

... municipal court conviction for driving under the influence of alcohol, N.J.S.A. 39:4-50. The Law Division judge determined that defendant’s right to ... the Weehawken Police Department and charged with driving while intoxicated, N.J.S.A. 39:4-50; driving while intoxicated within a school zone, N.J.S.A. 39:4-50(g); speeding, N.J.S.A. 39:4-48; and ...

docket:	a5906-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-06
status:	unpublished
citation:
Document Size:	29639

183 STATE OF NEW JERSEY v. SHANNON T. CURRY -- rank: 551

... from her conviction of driving while intoxicated (DWI), contrary to N.J.S.A. 39:4-50, and the sentence imposed. For the reasons that follow, we ... level of 0.19 percent. Defendant was charged with DWI, N.J.S.A. 39:4-50; reckless driving, N.J.S.A. 39:4-96; leaving ... d]" with the DWI conviction. Defendant sentenced defendant pursuant to N.J.S.A. 39:4-50(a)(3) as a third DWI offender. The court ordered ... was sentenced as a first-time DWI offender pursuant to N.J.S.A. 39:4-50(a)(3), which provides in pertinent part that any individual ... treated as a first DWI offense for sentencing purposes under N.J.S.A. 39:4-50(a)(3), her third DWI conviction should have been considered ... court held that if a defendant is granted leniency under N.J.S.A. 39:4-50(a)(3), "the defendant has no vested right to ...

docket:	a2210-09
court:	NJ Superior Court Appellate Division
decided:	2010-11-18
status:
citation:
Document Size:	25388

184 STATE OF NEW JERSEY v. WILLIAM G. WRIGHT, JR -- rank: 551

... judge (MCJ) found him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, driving while suspended, N.J.S.A. 39:3-40 ... giving rise to a reasonable articulable suspicion defendant had violated N.J.S.A. 39:4-50. See State v. Bernokeits , 423 N.J. Super. 365 , 371 ... the driver was operating a motor vehicle in violation [of N.J.S.A. 39:4-50]." Strelecki v. Coan , 97 N.J. Super. 279 , 284 (App ... a reasonable doubt. T he term "operates" 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, on ... drive, establishing "operation" and supporting the defendant's conviction under N.J.S.A. 39:4-50. Id. at 480-81. We have affirmed convictions for ...

docket:	a2018-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-28
status:	unpublished
citation:
Document Size:	65972

185 Denise A. Perrelli v. Bridget Pastorelle -- rank: 551

... J.S.A. 39:6B-2 (emphasis added); see also N.J.S.A. 39:4-50 (prohibiting one from permitting a drunk driver to operate vehicle ...

docket:	A-22-10
court:	NJ Supreme Court
decided:	2011-06-01
status:
citation:
Document Size:	76489

186 STATE OF NEW JERSEY v. THOMAS R. HOWARD, JR. -- rank: 551

... POLICE OFFICER’S FAILURE TO INFORM DR. HOWARD PURSUANT TO N. J.S.A. 39:4-50.2(d) OF HIS STATUTORY RIGHT UNDER 466 U.S ... failed to produce evidence that [defendant] was informed pursuant to N.J.S.A. 39:4-50.2(d)[,] of [his] statutory right under N.J.S.A. 39:4-50.2(c)[,] to have [a person of his own choice ... prove, as an element of a per se violation under N.J.S.A. 39:4-50.2 (the Implied Consent Law) provides in pertinent part as ... operator, arrested on probable cause for driving [in violation of N.J.S.A. 39:4-50(a),] to submit to a [breath] test" is beyond challenge ... made by a person or physician of his own selection." N.J.S.A. 39:4-50.2 does not address any "affirmative duties on the ...

docket:	A1383-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-08
status:	published
citation:
Document Size:	32489

187 State of New Jersey v. Richard A. Ravotto -- rank: 551

... he was at the hospital.     Defendant was charged with violating N.J.S.A. 39:4-50, which sets forth the penalties for driving while intoxicated. A ... tests to determine the content of alcohol in [their] blood[.]” N.J.S.A. 39:4-50.4a. Although the implied consent statute pertains solely to breath ... rejected that claim. Analyzing New Jersey's implied consent statute, N.J.S.A. 39:4-50.2, and the applicable case law, the Court stated:         There ... of course, be administered in accordance with the requirements of N.J.S.A. 39:4-50.2 and a blood test in a medically acceptable manner ... a Breathalyzer test when lawfully accused of driving while intoxicated. N.J.S.A. 39:4-50.4a. The Legislature is free to revise that statute to ...

docket:	a-45-00
court:	njsupreme
decided:	2001-07-26
status:
citation:	169 N.J. 227
Document Size:	100906

188 STATE OF NEW JERSEY v. WARDELL HARVEY -- rank: 549

... found defendant Wardell Harvey guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, and sentenced him as a third-time offender to pay ... a 104 hearing, determined that the State proved operation under N.J.S.A. 39:4-50, based on Officer Cunningham's testimony that defendant admitted drinking ... alternate basis, that being defendant's per se violation of N.J.S.A. 39:4-50. See State v. Maples , 346 N.J. Super. 408 , 417 ... to find defendant guilty of a per se violation of N.J.S.A. 39:4-50 based on that finding and the results of the Alcotest ... We now hold that a defendant may be convicted under N.J.S.A. 39:4-50(a) when a breathalyzer test that is administered within a ... J. at 509 (quoting the Appellate Division's finding that N.J.S.A. 39:4-50(a) is violated whenever an established test produces a ...

docket:	a2921-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-09
status:	unpublished
citation:
Document Size:	43449

189 STATE OF NEW JERSEY v. MELISSA A. MERSMANN -- rank: 549

... license was suspended for a second or subsequent violation of N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50(a), contrary to N.J.S.A. 2C:40-26 ... cause that defendant operated the Explorer within the meaning of N.J.S.A. 39:4-50(a) and relevant case law. This appeal followed. II. Defendant ... to believe has operated a motor vehicle in violation of [ N.J.S.A. ] 39:4-50 . . . regardless of whether the suspected violation occurs in the officer ... concentration of 0.08% or more" 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 ...

docket:	a5280-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-11
status:	unpublished
citation:
Document Size:	28077

190 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the STATE OF NEW JERSEY v. GREGORY TANASHIAN -- rank: 545

... from his de novo conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50. This case involves allegations that defendant drove under the influence ... accident), and he received two additional tickets: one for DWI, N.J.S.A. 39:4-50, and one for careless driving, N.J.S.A. 39 ... capable of producing an unjust result . . . .' R. 2:10-2. N.J.S.A. 39:4-50(a) prohibits operating a motor vehicle 'while under the influence ... listed in the statute, the Supreme Court has held that N.J.S.A. 39:4-50(a) 'does not require that the particular narcotic be identified ... operating a motor vehicle in violation' of the DWI statute. N.J.S.A. 39:4-50.2; see also Strelecki v. Coan, 97 N.J. Super ...

docket:	a0623-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-03
status:	unpublished
citation:
Document Size:	63349

191 STATE OF NEW JERSEY v. ROGER PAUL FRYE Before Judges Carchman, Baxter and Nugent On appeal from the Superior Court of New Jersey, Law Division, Camden County, Municipal Appeal No. 43-09 Roger Paul Frye, , -- rank: 545

... s conviction for Refusal to Submit to a Chemical Test, N.J.S.A. 39:4-50.4a (the refusal), the narrow issue presented in the Law ... attorney, was arrested and charged with Driving While Intoxicated (DWI), N.J.S.A. 39:4-50; the refusal statute; and Reckless Driving, N.J.S.A ... 3d ] 870 (2011), WHICH HELD THAT THE PENALTY PROVISIONS IN [ N.J.S.A. ] 39:4- 50 AND 39 :4-50.4a ARE NOT INTERCHANGEABLE. POINT II ... to submit to a chemical testing as required pursuant to [ N.J.S.A. ] 39:4-50.2. Pursuant to [ Rule ] 3:23-8(e)[,] the [c ... revocation of driving privileges for a third-time offender under N.J.S.A. 39:4-50.4a is mandatory. The judge could not exercise discretion in ...

docket:	a4290-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-16
status:	unpublished
citation:
Document Size:	45585

192 STATE OF NEW JERSEY v. KAZIMIERZ SKALSKI -- rank: 545

... Park Municipal Court, he pled guilty to driving while intoxicated, N.J.S.A. 39:4-50; refusal to take a breath test, N.J.S.A. 39:4-50.2; failure to keep right, N.J.S.A. 39 ... to believe has operated a motor vehicle in violation of [ N.J.S.A. 39:4-50, driving while intoxicated], regardless of whether the suspected violation occurs ...

docket:	a3934-11
court:	NJ Superior Court Appellate Division
decided:	2013-01-18
status:	unpublished
citation:
Document Size:	27597

193 State-v-Ayton -- rank: 545

... J.S.A. 39:3-40 in pari materia with N.J.S.A. 39:4-50 (a) (3). In the latter, the Legislature has set forth ... a person convicted of a third or subsequent violation of N.J.S.A. 39:4-50 (DWI) as follows: 4 For a third or subsequent violation ... P.L.1995, c. 286 (C.39:3-40.1). [ N.J.S.A. 39:4-50(a) (3) (emphasis added).] N.J.S.A. 39: 4-50 (a) (3) mandates a term of imprisonment in a county ... App. Div. 2006). The Luthe court also stated: "Simply put, N.J.S.A. 39:4-50 (a) (3) does not authorize noncustodial alternatives to the mandatory ...

docket:	1904-BT-035828
court:	NJ Superior Court Law/Chancery Division
decided:	2011-09-13
status:
citation:	427 N.J.Super. 493 48 A.3d 1213
Document Size:	21073

194 STATE OF NEW JERSEY v. DMITRY PAVEDAIKA -- rank: 545

... five years after pleading guilty to driving while intoxicated (DWI), N.J.S.A. 39:4-50, defendant Dmitry Pavedaika was arrested again in 2021 and charged ... argues before us: POINT I DEFENDANT'S CONVICTION FOR [DWI] (N.J.S.A. 39:4-50) SHOULD BE VACATED BECAUSE THERE WAS AN INADEQUATE FACTUAL BASIS ... offense DWI; (2) underage operating a motor vehicle while intoxicated, N.J.S.A. 39:4-50.14; (3) operating a motor vehicle in the wrong direction ... J. at 327). A-0795-21 9 A person violates N.J.S.A. 39:4-50 by 'operat[ing] a motor vehicle while under the influence ... 01 [percent] or more, but less than 0.08 [percent] . . . .' N.J.S.A. 39:4-50.14. Defendant claims he was unfairly precluded from pleading guilty ...

docket:	a0795-21
court:	NJ Superior Court Appellate Division
decided:	2022-12-22
status:	Unpublished
citation:
Document Size:	39829

195 STATE OF NEW JERSEY – v. MAXWELL AMPOFO – -- rank: 545

... refusal to submit to a breath test (refusal) contrary to N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4a. 1 Defendant also appeals the denial of his suppression ... lane change, N.J.S.A. 39:4-88b; DWI, N.J.S.A. 39:4-50; and refusal, N.J.S.A. 39:4-50.2. Defendant moved to suppress all evidence resulting from the ... April 2, 2015 judgment lists only the implied consent statute, N.J.S.A. 39:4-50.2, a refusal charge necessarily implicates both the implied consent statute, and the refusal statute, N.J.S.A. 39:4-50.4a, as they "not only cross-reference one another ...

docket:	a4016-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	45411