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196 STATE OF NEW JERSEY v. HENRY KIM -- rank: 542

... appeals from his conviction for refusal to submit breath samples, N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4a, following his arrest for driving while intoxicated (DWI), N.J.S.A. 39:4-50. On appeal, he argues that the State cannot convict a ... he understood the standard statement read to him pursuant to N.J.S.A. 39:4-50, refusal to submit to a breathalyzer exam, N.J.S.A. 39:4-50.2 and disorderly conduct, N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50. ...

docket:	a3863-08
court:	superior court appellate division
decided:	90-00-87
status:	published
citation:	412 N.J. Super. 260 989 A.2d 864
Document Size:	52092

197 STATE OF NEW JERSEY v. R.W.M. -- rank: 542

... on the lesser-included disorderly persons offense, set forth in N.J.S.A. 39:4-50.15, of driving while drunk with a passenger aged seventeen ... briefing, submitted upon our request, defendant contended that by passing N.J.S.A. 39:4-50.15 in 1999, the Legislature intended to remove such conduct ... while under the influence of intoxicating liquor in violation of N.J.S.A. 39:4-50 while carrying a passenger seventeen years of age or younger ... existence as providing an insufficient foundation for any claim that N.J.S.A. 39:4-50.15 somehow preempted the applicability of N.J.S.A ... knowing conduct. Demarest , supra , 252 N.J. Super. at 330; N.J.S.A. 39:4-50.15 does not, thereby distinguishing the applicability of the two ... both punish driving with a child while in violation of N.J.S.A. 39:4-50, their penalties markedly differ. It would be unreasonable to ...

docket:	a5569-04
court:	njappellate
decided:	2007-05-17
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	33833

198 /usr/local/share/www/libweb/collections/courts/trial/ma-37-16.opn.html -- rank: 542

... result, police charged him with driving while intoxicated, which violates N.J.S.A. 39:4-50. When Goines appeared in the New Brunswick Municipal Court to ... who commits a moving violation, or more on point, violates N.J.S.A. 39:4-50, which prohibits driving while intoxicated: Any law enforcement officer may ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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199 STATE OF NEW JERSEY v. MICHAEL J. MALONE -- rank: 542

... driving while under the influence of alcohol, in violation of N.J.S.A. 39:4-50, and a refusal to submit to a breathalyzer test, in violation of N.J.S.A. 39:4-50.2. The municipal court sentenced defendant for both violations as ... rejected substantially the same argument defendant presents on this appeal: [ N.J.S.A. 39:4-50(a)(3)] accords sentencing leniency to a driver who is ... 62 (App. Div. 1981). We adhere to our interpretation of N.J.S.A. 39:4-50.2, shall be suspended for two years for a second ... shall be consecutive to any suspension for a violation of N.J.S.A. 39:4-50. In determining whether a motor vehicle operator who refuses to ... a second offender, a prior conviction for a violation of N.J.S.A. 39:4-50 is considered to be a prior offense. In re ...

docket:	a1791-07
court:	NJ Superior Court Appellate Division
decided:	2008-10-02
status:	unpublished
citation:
Document Size:	25185

200 STATE OF NEW JERSEY v. ARMOND DECICCO -- rank: 540

... Armond DeCicco appeals his conviction of driving while intoxicated ("DWI"), N.J.S.A. 39:4-50. He contends that the State's proofs at trial in ... 09, slightly above the 0.08 BAC legal limit. See N.J.S.A. 39:4-50(a). Defendant was represented by pro bono counsel in the ... A. THE STATE FAILED TO ESTABLISH THE OPERATION ELEMENT OF N.J.S.A. 39:4-50. B. OPERATION REQUIRES ACTUAL OR INTENDED MOVEMENT OF A VEHICLE ... 2012); State v. Daly , 64 N.J. 122 (1973). Under N.J.S.A. 39:4-50(a): (a) . . . a person who operates a motor vehicle while ... 1999, c.417 (C.39:4-50.16 et al.). [ N.J.S.A. 39:4-50(a) (emphasis added).] N.J.S.A. 39:1-1 ... the Supreme Court has instructed in case law that, under N.J.S.A. 39:4-50, a person "operates" a vehicle when, while intoxicated, "he ...

docket:	a2986-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-05
status:	unpublished
citation:
Document Size:	30823

201 STATE OF NEW JERSEY v. ROSELIO B. UTATE -- rank: 540

... Municipal Court and found guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50. Defendant was sentenced to two days in jail and thirty ... EVIDENCE WAS PRIMA FACIE INSUFFICIENT TO PROVE A VIOLATION OF N.J.S.A. 39:4-50. We agree the State failed to respond to defendant's ... proved defendant drove his vehicle while intoxicated in violation of N.J.S.A. 39:4-50. In challenging the sufficiency of the State's evidence, defendant ... App. Div. 1984). 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 ... of a motion to dismiss a second charge for refusal, N.J.S.A. 39:4-50.4a. Defendant's motion was granted by the MCJ. ...

docket:	a5827-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-28
status:	unpublished
citation:
Document Size:	45095

202 STATE OF NEW JERSEY v. TINA M. YILMAZ -- rank: 540

... plea of guilty to a violation of the refusal statute, N.J.S.A. 39:4-50.2. 1 She was sentenced to fines, penalties, costs, a ... was driving under the influence of alcohol in violation of N.J.S.A. 39:4-50, the issue devolved into whether defendant's responses to the ... constituted a refusal to give breath samples in violation of N.J.S.A. 39:4-50.2. On this score, Officer Jackson Harrington of the Clayton ... public policy embodied in New Jersey's implied consent law, N.J.S.A. 39:4-50.2, "is the removal of drunk drivers from our highways ... standard statement to anyone subjected to the test pursuant to N.J.S.A. 39:4-50.2(e). Id. at 489. Here, Officer Harrington read aloud ... Director of the Motor Vehicle Commission as required pursuant to N.J.S.A. 39:4-50.2(e). Defendant's response to the reading of ...

docket:	a0156-13
court:	NJ Superior Court Appellate Division
decided:	2014-11-11
status:	unpublished
citation:
Document Size:	29651

203 STATE OF NEW JERSEY v. SCOTT BENNETT -- rank: 540

... degree vehicular homicide of Flanagan by driving recklessly, while intoxicated ( N.J.S.A. 39:4-50 (DWI)), N.J.S.A. 2C:11-5a (count four ... nine); third-degree assault by auto of Oberley, while intoxicated ( N.J.S.A. 39:4-50), N.J.S.A. 2C:12-1c(2) (count ten ... a BAC of .08 percent or greater constitutes DWI under N.J.S.A. 39:4-50. Again, we find no error in either instance, let alone ... motor vehicle while under the influence of intoxicating liquor. See N.J.S.A. 39:4-50 (defining operation of a motor vehicle "while under the influence ...

docket:	a5727-09
court:	NJ Superior Court Appellate Division
decided:	2011-12-05
status:	unpublished
citation:
Document Size:	106252

204 /usr/local/share/www/libweb/collections/courts/appellate/a3558-16.opn.html -- rank: 540

... de novo of refusal to submit to a chemical test, N.J.S.A. 39:4-50.4a (refusal statute), and failure to maintain a lane, N ... turn test. Defendant was arrested for driving while intoxicated (DWI), N.J.S.A. 39:4-50, and brought into the processing area, where he was Mirandized ... the Attorney General's Standard Statement For Motor Vehicle Operators ( N.J.S.A. 39:4- 50.2(e)). When asked to submit samples of his breath ... A-3558-16T3 8 POINT II THE CONVICTION FOR VIOLATING N.J.S.A. 39:4- 50.[4a] SHOULD BE REVERSED BECAUSE AT THE TRIAL DE NOVO ... CONSENT TO A BREATH SAMPLE, CONTRARY TO THE PROVISIONS OF N.J.S.A. 39:4-50.[4a]. Our standard of review is well-settled. The trial ...

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205 STATE OF NEW JERSEY v. DAVID A. JAGGIE -- rank: 538

... defendant David Jaggie was convicted of driving while intoxicated (DWI), N.J.S.A. 39:4-50, and refusal to submit to a breath test, N.J.S.A. 39:4-50.4a. He appeals, arguing that there was insufficient evidence to ... more by weight of alcohol in the defendant's blood.' N.J.S.A. 39:4-50(a). 'Under the influence' of alcohol means a driver's ... N.J. Super. 58, 67 (App. Div. 2011) (first quoting N.J.S.A. 39:4-50, and then quoting State v. Emery, 27 N.J. 348 ... vehicle while under the influence of alcohol in violation of N.J.S.A. 39:4-50(a). 2. The Conviction for Refusal to Submit to a ... of the consequences of refusing to submit to such test.' N.J.S.A. 39:4- 50.4a; State v. Marquez, 202 N.J. 485, 501 ( ...

docket:	a2829-20
court:	NJ Superior Court Appellate Division
decided:	2022-12-08
status:	Unpublished
citation:
Document Size:	25352

206 STATE OF NEW JERSEY v. WILLIAM O'ROURKE -- rank: 538

... Montgomery Township Police Officer also issued defendant summonses for DWI, N.J.S.A. 39:4-50; DWI in a school zone, N.J.S.A. 39:4-50(g); driving while his license was suspended, N.J.S ... S.A. 2C:40-26(b) and to DWI under N.J.S.A. 39:4-50. The State agreed to dismiss the remaining Title 39 summonses ... for ten years, and imposed the mandatory monetary penalties under N.J.S.A. 39:4-50(a)(3). Defendant now appeals raising the following arguments: POINT ... than three times the .08% presumptive level of intoxication under N.J.S.A. 39:4-50(a). On January 30, 2012, nearly three years before this ... inpatient rehabilitation program approved by the Intoxicated Driver Resource Center [.]" N.J.S.A. 39:4-50(a)(3). (Emphasis added). The record reflects defendant served ...

docket:	a3953-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-05
status:	unpublished
citation:
Document Size:	23733

207 STATE OF NEW JERSEY v. BEATRIZ VELEZ -- rank: 538

... analgesic. Defendant was issued summonses for driving under the influence, N.J.S.A. 39:4-50, and for driving under the influence with a minor in the car, N.J.S.A. 39:4-50.15, both disorderly person's offenses. She was also issued ... S.A. 9:6-3, and driving under the influence, N.J.S.A. 39:4-50, pursuant to a plea agreement. As memorialized in the plea ... SAID INDICTMENT IS CLEARLY IRRECONCILABLE WITH THE PLAIN LANGUAGE OF N.J.S.A. 39:4-50.15 AND THE CLEAR LEGISLATIVE INTENT OF SUCH STATUTE. In ... contention that the indictment should have charged a violation of N.J.S.A. 39:4-50.15, driving under the influence with a minor as a ... welfare of a child. Defendant asserts that the enactment of N.J.S.A. 39:4-50.15, which established driving under the influence with a ...

docket:	a2337-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-01
status:	unpublished
citation:
Document Size:	18843

208 STATE OF NEW JERSEY v. RYAN S. ROBERTS -- rank: 538

... suspended or revoked for a second or subsequent violation of [ N.J.S.A.] 39:4-50 [(DWI)] or . . . [ N.J.S.A. 39:4- 50.4a (refusal to submit to breath testing)].' Under N.J ... 3- 10; and failure to install an ignition interlock device, N.J.S.A. 39:4-50.19. At sentencing, he received a concurrent sentence for driving ... been suspended as a result of his third violation of N.J.S.A. 39:4-50, [d]riving [w]hile [i]ntoxicated . . . . The underlying DWI convictions ... occurred in October 1999 ([d]riving [w]hile [i]ntoxicated, N.J.S.A. 39:4-50), June 2011 ([d]riving [w]hile [i]ntoxicated and [r]efusal to [s]ubmit to [b]reath [t]esting, N.J.S.A. 39:4-50.4a), and July 2013 ([r]efusal to [s]ubmit ...

docket:	a0042-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-05
status:	Unpublished
citation:
Document Size:	34919

209 /usr/local/share/www/libweb/collections/courts/appellate/a4094-19.opn.html -- rank: 538

... affirm. I. After being charged with driving while intoxicated (DWI), N.J.S.A. 39:4- 50, leaving the scene of an accident, N.J.S.A ... to argue that he could not be convicted of violating N.J.S.A. 39:4-50 as there was no proof he was operating his car ... was satisfied that defendant operated a motor vehicle contrary to N.J.S.A. 39:4-50 because the facts circumstantially established defendant operated his car while ... he was operating a motor vehicle while intoxicated contrary to N.J.S.A. 39:4-50(a). It is well-settled that the 'failure to raise ... influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug.' N.J.S.A. 39:4-50(a). 'Actual A-4094-19 18 operation is not required ...

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210 STATE OF NEW JERSEY v. JUDITH RUSSO -- rank: 536

... Judith Russo appeals her convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50, and refusal to submit to breath tests, N.J.S.A. 39:4-50.2 (collectively, the charges). On appeal, she argues: POINT I ... CONVICTION FOR REFUSING TO SUBMIT TO THE ALCOTEST, PURSUANT TO N.J.S.A. 39:4- 50.4, SHOULD BE REVERSED AND DISMISSED. We find defendant's ... to sustain a 15 A-0866-16T1 refusal conviction, citing N.J.S.A. 39:4-50.2(e) and N.J.S.A. 39:4-50.4a(a), held: (1) the arresting officer had probable cause ...

docket:	a0866-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-22
status:	unpublished
citation:
Document Size:	73830