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226 STATE OF NEW JERSEY v. ANDREA RIVERA -- rank: 527

... a vehicle under the influence of liquor or drugs (DWI), N.J.S.A. 39:4-50, and refusal to consent to taking breath samples (refusal), N.J.S.A. 39:4-50.2.1 Defendant was also convicted of DWI prior to ... s sentence, the Law Division judge noted the refusal statute, N.J.S.A. 39:4-50.4a(3), 'explicitly considers the date of conviction when enhancing ... v. Frye, 217 N.J. 566, 575-76 (2014) (citing N.J.S.A. 39:4-50.4a). A first-time refusal conviction triggers the suspension of ... driver's license ranging from seven months to one year. N.J.S.A. 39:4-50.4a. Following a second conviction, a two-year license suspension ... under this section.'' Frye, 217 N.J. at 576 (quoting N.J.S.A. 39:4-50.4a). Our Supreme Court has held that a defendant' ...

docket:	a1946-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-16
status:	Unpublished
citation:
Document Size:	26563

227 MITCHELL E. LEVINE v. STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, DIVISION OF MOTOR VEHICLES -- rank: 527

... P.J.A.D.     This appeal involves the interpretation of N.J.S.A. 39:4-50. The Division reads See footnote 1 1 and relies on ... 262 N.J. Super. 375 , 382 (App. Div. 1993):             That N.J.S.A. 39:4-50.4a includes the number 50 in its compilation or citation ... 34.4 essentially repeats the statutory language. Footnote: 3      3 N.J.S.A. 39:4-50.4a was enacted by L. 1981, c. 512 § 2. Its ...

docket:	A2505-99
court:	NJ Superior Court Appellate Division
decided:	2001-03-13
status:	published
citation:	338 N.J. Super. 28
Document Size:	12341

228 STATE OF NEW JERSEY v. ROBERT A. WOOLLERTON -- rank: 527

... 22%, nearly three times the presumptive level of intoxication under N.J.S.A. 39:4-50(a)(1)(i). As a result, defendant was issued motor vehicle summonses for driving while intoxicated, N.J.S.A. 39:4-50; driving while intoxicated in a school zone, N.J.S ... v. DeMarco , 107 N.J. 562 , 567 (1987). Affirmed. 1 N.J.S.A. 39:4-50. 2 Defendant received ninety-days credit on the DWI charge ... time spent in an alcohol inpatient rehabilitation program pursuant to N.J.S.A. 39:4-50(a)(3). This archive is a service of Rutgers School ...

docket:	a4017-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-23
status:	unpublished
citation:
Document Size:	29848

229 STATE OF NEW JERSEY v. DANIEL P. WENDLER -- rank: 524

... de novo, found him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50(a); operating a motor vehicle with a controlled dangerous substance ... or habit-producing drug at the time of his arrest. N.J.S.A. 39:4-50(a) provides in pertinent part: 'a person who A-0414 ... thus, he cannot be convicted of driving under the influence, N.J.S.A. 39:4-50(a). For the purpose of N.J.S.A. 39:4-50(a), 'operates or drives' has been interpreted to occur when ... defendant was 'operating a motor vehicle' under the meaning of N.J.S.A. 39:4-50(a). Defendant also contends he cannot be convicted of N ...

docket:	a0414-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-22
status:	Unpublished
citation:
Document Size:	24183

230 State v. William Sweet -- rank: 524

... 39:4-82; and driving while intoxicated, in violation of N.J.S.A. 39:4-50(a)(1)(ii). Focusing solely on the issue relevant to ... seven-month suspension of his driving privileges, as required by N.J.S.A. 39:4-50(a)(1)(ii), and additional fines, penalties, assessments, and surcharges ... reasonable doubt, de novo , of driving while intoxicated contrary to N.J.S.A. 39:4-50[.]” Specifically addressing Sweet’s Crawford argument, it noted that ... conviction for driving while intoxicated. Dorman was charged with violating N.J.S.A. 39:4-50(a), the driving while intoxicated statute. Dorman was tried before ... a reasonable doubt of driving while intoxicated, in violation of N.J.S.A. 39:4-50(a)(1)(ii), based both on the Breathalyzer ® readings ...

docket:	a-1-07
court:
decided:	2008-06-23
status:
citation:	195 N.J. 357
Document Size:	78654

231 STATE OF NEW JERSEY v. KIRSTEN STURGES -- rank: 524

... conviction for refusal to consent to provide a breath sample, N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4a. 1 We affirm. Chester Borough Police Officer Timothy Carey arrested defendant for driving while intoxicated (DWI), N.J.S.A. 39:4-50, and transported her to police headquarters. She was read the Standard Statement authorized by N.J.S.A. 39:4-50.2(e). 2 Defendant declined to submit to the breathalyzer ... that precludes her conviction. We disagree. The implied consent law, N.J.S.A. 39:4-50.2(a), establishes the following principle: Any person who operates ... 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, ...

docket:	a2094-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-24
status:	unpublished
citation:
Document Size:	16241

232 0STATE OF NEW JERSEY v. FRANK GARRAMONE August 5, 2015 -- rank: 524

... Defendant Frank Garramone pled guilty to driving while intoxicated (DWI), N.J.S.A. 39:4-50, but reserved his right to appeal the denial of his ... The officer issued three traffic summonses charging defendant with DWI, N.J.S.A. 39:4-50, reckless driving, N.J.S.A. 39:4-96, and ... AND PROCEDURE. [II.] THE ATTORNEY GENERAL GUIDELINES MANDATE CONFORMITY WITH N.J.S.A. 39:4-50.2 AND REQUIRE THAT THE POLICE FURNISH THE DEFENDANT WITH ... PROCEDURES MUST BE IN PLACE IN ORDER TO COMPLY WITH N.J.S.A. 39:4-50.2 [IV.] NONCOMPLIANCE WITH 39:4-50.2 AND WITH ... 11-3(e)(2). We add only the following comments. N.J.S.A. 39:4-50(a) provides in pertinent part: Except as provided in subsection ... Jersey Attorney General's Standard Statement for Motor Vehicle Operators ( N.J.S.A. 39:4-50.2(e)) (revised & eff. July 1, 2012), available at ...

docket:	a2883-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-21
status:	unpublished
citation:
Document Size:	17340

233 STATE OF NEW JERSEY v. SEMA KOKAN -- rank: 522

... of refusal to submit to a breath test contrary to N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4a. 1 We affirm. We derive the following facts from ... arrested defendant for driving while intoxicated (DWI) in violation of N.J.S.A. 39:4-50. As Sergeant Paul transported defendant to the police station, defendant ... refusal to submit to a breath test in violation of N.J.S.A. 39:4-50.4a. Defendant's boyfriend at the time, A.G., 3 ... of refusal to provide a breath test. The refusal statute, N.J.S.A. 39:4-50.4a(a), provides: The municipal court shall determine by a ... October 2, 2013 order lists only the implied consent statute, N.J.S.A. 39:4-50.2, a refusal charge necessarily implicates both the implied ...

docket:	a1334-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-16
status:	unpublished
citation:
Document Size:	28886

234 STATE OF NEW JERSEY VS GARY LUTZ, JR. -- rank: 522

... alcohol concentration above the proscribed .10" limit set forth in N.J.S.A. 39:4-50, he had probable cause to arrest defendant. Such a reading ... Defendant also contends that the summons charging him with violating N.J.S.A. 39:4-50 failed to adequately describe the offense. We disagree. The summons ... portion described the offense as "Driving Under Influence" and referenced N.J.S.A. 39:4-50. This information was sufficient to inform defendant of the offense ... a defendant facing conviction as a third time offender of N.J.S.A. 39:4-50 is entitled to a jury trial. State v. Hamm , 121 ...

docket:	a5933-96
court:	njappellate
decided:	1998-03-16
status:	published
citation:	309 N.J.Super. 317
Document Size:	23614

235 STATE OF NEW JERSEY v. MICHAEL LINDSEY -- rank: 522

... Michael Lindsey appeals 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 violating implied consent to a chemical breath test, N.J.S.A. 39:4-50.2. Defendant argues: POINT I THE STATE FAILED TO PROVE ... alcohol in the defendant's blood . . . ' is guilty of DWI. N.J.S.A. 39:4-50 (a). We broadly interpret 'operates' to include more than driving ... the A-2776-19 4 vehicle within the meaning of N.J.S.A. 39:4-50(a), even if the vehicle was not observed in motion ... beyond a reasonable doubt defendant's operation and intoxication under N.J.S.A. 39:4- - 50(a). We conclude that defendant had driven his vehicle ...

docket:	a2776-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-23
status:	Unpublished
citation:
Document Size:	18674

236 STATE OF NEW JERSEY v. JUAN A. LEMA -- rank: 522

... 2). He also received tickets for driving under the influence, N.J.S.A. 39:4-50; refusal, N.J.S.A. 39:4-50.4(a); reckless driving, N.J.S.A. 39:4 ... b); and refusing to consent to take samples of breath, N.J.S.A. 39:4-50.2(a). Defendant applied for entry into the Pretrial Intervention ... his burden to show 'that 2 Following an amendment to N.J.S.A. 39:4-50 effective February 19, 2024, L. 2023, c. 191, §2 ...

docket:	a1034-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-29
status:	Unpublished
citation:
Document Size:	21363

237 STATE OF NEW JERSEY v. PEDRO PERALTA -- rank: 522

... November 6, 2011, defendant was arrested and charged with DWI, N.J.S.A. 39:4-50(a). 1 At the conclusion of a municipal trial, the ... 19, well in excess of the 0.08 legal limit, N.J.S.A. 39:4-50(a). Defendant was sentenced as a second-time DWI offender ... to defendant the statement ("the statutory statement") referred to in N.J.S.A. 39:4-50.2(e). 2 Although the record is not clear on ... breath" for the purpose of determining his blood alcohol content. N.J.S.A. 39:4-50.2(a). In short, a driver has no right to ... the person under arrest" advising of the consequences of refusal. N.J.S.A. 39:4-50.2(e). When this last provision is read in the ... which merged with the DWI conviction for sentencing purposes. 2 N.J.S.A. 39:4-50.2(e) states that "[t]he police officer shall . . . ...

docket:	a5761-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-31
status:	published
citation:	437 N.J.Super. 570 101 A.3d 631
Document Size:	20494

238 STATE OF NEW JERSEY v. TRAMAIN L. WILLIAMS -- rank: 522

... while intoxicated (DWI) on July 28, 2019, in violation of N.J.S.A. 39:4-50. He was sentenced in accordance with the version of the ... arguing that he should have been sentenced under amendments to N.J.S.A. 39:4-50 that became effective on December 1, 2019, shortly before he ... 2 (allowing one to two years of forfeiture); see also N.J.S.A. 39:4-50(a)(2). The amendment also expanded the use of ignition ... ignition interlock device for at least two years); see also N.J.S.A. 39:4-50.17(b). The amendment also increased the statutory maximum for ... ignition interlock device for up to four years); see also N.J.S.A. 39:4-50.17(b). Most significantly for this appeal, all the 2019 ...

docket:	a0196-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-01
status:	Unpublished
citation:
Document Size:	19717

239 STATE OF NEW JERSEY v. DELIA PAPE-WHITE -- rank: 520

... Defendant Delia Pape-White was charged with driving while intoxicated, N.J.S.A. 39:4-50, and reckless driving, N.J.S.A. 39:4-96 ... court stated defendant was "guilty of DWI in violation of N.J.S.A. 39:4-50 based on the officer's observations and not guilty under ... officers' testimony relating defendant's physical state and impaired coordination. N .J.S.A. 39:4-50(a); State v. Cleverley , 348 N.J. Super. 455 , 465 ... and reverse "an illegal sentence." When Lanish , supra , was decided, N.J.S.A. 39:4-50 included two distinct offenses: (a) driving while intoxicated, and (b ... required for a finding of a per se violation of N.J.S.A. 39:4-50 was to avoid a loss of federal highway funds. State ...

docket:	a0840-08
court:	superior court appellate division
decided:	2010-04-28
status:	unpublished
citation:
Document Size:	63366

240 STATE OF NEW JERSEY v. ERIK J. MURPHY -- rank: 520

... Erik J. Murphy was convicted of driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusal to submit to a breath test, N.J.S.A. 39:4-50.2; 1 and reckless driving, N.J.S.A. 39 ... 50a. 1 The summons and judgment of conviction incorrectly cite N.J.S.A. 39:4-50.2 as the refusal statute instead of N.J.S.A. 39:4-50.4a. At a pre-trial hearing, the parties discussed the ...

docket:	a0932-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-16
status:	unpublished
citation:
Document Size:	19995