Search Rutgers Law Library N.J. Court Opinions

241 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status:	unpublished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

242 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status:	unpublished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

243 STATE OF NEW JERSEY v. JENNIFER MULLER -- rank: 518

... guilty in the Municipal Court of driving while intoxicated (DWI), N.J.S.A. 39:4-50. On appeal to the Law Division, R. 3:23-2 ... 5 the municipal court judge found defendant guilty of DWI, N.J.S.A. 39:4-50, and not guilty of reckless driving, N.J.S.A ... established defendant's "operation" of the vehicle "while intoxicated." I. N.J.S.A. 39:4-50(a) prohibits a motorist from operating a vehicle while under ... 0.08% or more." The term "operates," as used in N.J.S.A. 39:4-50(a), has been broadly interpreted. State v. Tischio , 107 N ... her operation of the vehicle and therefore warrant conviction under N.J.S.A. 39:4-50. II. Contrary to defendant's next contention, the observational evidence ...

docket:	a6036-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-23
status:	published
citation:
Document Size:	29918

244 STATE OF NEW JERSEY v. MARCUS DEVINCENTIS -- rank: 515

... pled guilty to refusal to submit to a breath test, N.J.S.A. 39:4-50.2, offenses stemming from the same incident. On de novo ... breathalyzer test and was also charged with a violation of N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50. Defendant filed a motion to suppress, which the municipal court ... 39:3-33, and accepted defendant’s guilty plea to N.J.S.A. 39:4-50.2. On de novo review, the Law Division found that ...

docket:	a4820-09
court:	NJ Superior Court Appellate Division
decided:	2011-07-11
status:	unpublished
citation:
Document Size:	12978

245 STATE OF NEW JERSEY v. MILAN SHAH -- rank: 515

... Shah appeals from his conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50. The court sentenced defendant to a ninety- day license suspension ... the Horizontal Gaze Nystagmus Test. Defendant was arrested for DWI, N.J.S.A. 39:4-50, and brought to the processing area, where he was informed ... 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 ... charged with DWI; failing to consent to provide breath samples, N.J.S.A. 39:4-50.2; refusing to submit to a breath test, N.J.S.A. 39:4- 50.4(a); failing to maintain a lane of travel, N ...

docket:	a0900-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-26
status:	Unpublished
citation:
Document Size:	19184

246 STATE OF NEW JERSEY v. PETER WILLIS -- rank: 515

... 1989 for Driving While Intoxicated (1989 DWI), in violation of N.J.S.A. 39:4-50. In April 2007, defendant was again charged with a DWI ... of the consequences for subsequent DWI offenses, as required by N.J.S.A. 39:4-50(c) 1 : If you're convicted for a second time ... after the 1989 DWI and the step-down provision of N.J.S.A. 39:4-50(a) was applicable. In May 2008, defendant appeared before the ... offender, in accordance with the progressively enhanced penalties provided in N.J.S.A. 39:4-50(a)(3). Defendant filed a petition for post-conviction relief ... 11-3(e)(1)(E). Affirmed. 1 In relevant part, N.J.S.A. 39:4-50(c) provides, "Upon conviction of a violation of this section ...

docket:	a5496-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-03
status:	unpublished
citation:
Document Size:	30161

247 STATE OF NEW JERSEY v. SAMUEL VIANA -- rank: 515

... second or more conviction for driving while intoxicated (DWI) under N.J.S.A. 39:4-50. The legal question before this court in Perry was whether ... sentenced term of suspension' imposed by the court for violating N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4(a), but 'while the driver continues on administrative suspension ... suspended for a second or more conviction for DWI under N.J.S.A. 39:4-50. The interplay in N.J.S.A. 2C:40-26 ...

docket:	a0163-17
court:	NJ Superior Court Appellate Division
decided:	2018-08-31
status:	Unpublished
citation:
Document Size:	28430

248 STATE OF NEW JERSEY v. MICHAEL ARNO -- rank: 515

... novo in the Law Division, of driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusal to submit to a chemical breath test, N.J.S.A. 39:4-50.2; and careless driving, N.J.S.A. 39:4 ... 107 (2016) (holding that third or subsequent DWI offenders under N.J.S.A. 39:4-50 are not entitled to a jury trial), cert. denied, ___ U ... discern no basis for disturbing defendant's refusal conviction under N.J.S.A. 39:4-50.2. See State v. Marquez, 202 N.J. 485, 503 ...

docket:	a5356-14
court:	NJ Superior Court Appellate Division
decided:	2017-11-14
status:	unpublished
citation:
Document Size:	46047

249 STATE OF NEW JERSEY v. GLENN VANDERKOOY -- rank: 515

... of Lincoln Park Borough. These were: driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusal to take a breathalzyer test, N.J.S.A. 39:4-50.2; and speeding, N.J.S.A. 39:4-98 ... EVIDENCE THAT THE DEFENDANT WAS GUILTY OF A VIOLATION OF N.J.S.A. 39:4-50. We reject these arguments. N.J.S.A. 39:4-50 states that: (a) Except as provided in subsection (g) of ...

docket:	a1423-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-05
status:	unpublished
citation:
Document Size:	39572

250 STATE OF NEW JERSEY v. VINCENT BERNARD -- rank: 513

... the influence with a passenger under the age of seventeen, N.J.S.A. 39:4-50.15; driving while under the influence, N.J.S.A. 39:4-50; failure to maintain lane, N.J.S.A. 39:4-88(b); refusal to submit, N.J.S.A. 39:4-50.2; and unrestrained child, N.J.S.A. 39:3 ...

docket:	a4363-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-19
status:	unpublished
citation:
Document Size:	15272

251 STATE OF NEW JERSEY v. JAMES ZELLERS -- rank: 513

... James Zellers was found guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, following his retraxit guilty plea. He was sentenced to seven ... driving, N.J.S.A 39:4-97; and DWI, N.J.S.A. 39:4-50. Before the Montville Municipal Court, the parties stipulated the facts ... N.J.S.A. 2C:2-8 were applied to N.J.S.A. 39:4-50, it would negate or derogate from the standard of objective ... holding remains dispositive. Therefore, defendant's conduct imposes liability under N.J.S.A. 39:4-50. "The State need not demonstrate a defendant's culpable state of mind to prove a violation of N.J.S.A. 39:4-50" because "DWI is an absolute liability offense requiring no culpable ...

docket:	a1504-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-16
status:	unpublished
citation:
Document Size:	25067

252 STATE OF NEW JERSEY v. ROBERT J. STEIN -- rank: 513

... novo in the Law Division, for driving while intoxicated (DWI), N.J.S.A. 39:4-50, as a third time offender; and careless driving, N.J ... a result, the officers placed defendant under arrest for DWI, N.J.S.A. 39:4-50, and careless driving, N.J.S.A. 39:4-97 ... 18 percent, above the legal limit of 0.08 percent. N.J.S.A. 39:4-50(a). At his municipal trial, defendant, his brother, and an ... 9, 2010, the municipal court found defendant guilty of DWI, N.J.S.A. 39:4-50, based on the officer's observations, the results of the ... Court did not Find this to be an Error, the N.J.S.A. 39:4-50 Charge Against Mr. Stein Should be Dismissed. B. "Reasonable Grounds ...

docket:	a0706-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-19
status:	unpublished
citation:
Document Size:	34554

253 STATE OF NEW JERSEY v. ROBERT BUCKELEW -- rank: 513

... guilty in the municipal court of driving while intoxicated (DWI), N.J.S.A. 39:4-50, and the petty disorderly persons offense of disorderly conduct, N ... established defendant's "operation" of the vehicle "while intoxicated." I. N.J.S.A. 39:4-50(a) prohibits a motorist from operating a vehicle while under ... 0.08% or more[.]" The term "operates," as used in N.J.S.A. 39:4-50(a), has been broadly interpreted. State v. Tischio , 107 N ... 2:11-3(e)(2). Affirmed. 1 A violation of N.J.S.A. 39:4-50(a) may be proven "through either of two alternative evidential ...

docket:	a4764-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-18
status:	unpublished
citation:
Document Size:	30818

254 STATE OF NEW JERSEY v. MICHAEL ESPOSITO -- rank: 513

... Michael Esposito appeals his conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50(a), DWI in a school zone, N.J.S.A. 39:4-50(g), and refusal to submit to a breath test (Refusal), N.J.S.A. 39:4-50.4(a). Defendant was convicted following a trial de novo ... STATE FAILED TO LAY THE PROPER FOUNDATION FOR THE CHARGE [ N.J.S.A. ] 39:4-50(g), DWI WITHIN A THOUSAND FEET OF SCHOOL PROPERTY. POINT ... MEET ITS BURDEN OF PROOF AS TO THE VIOLATION OF [ N.J.S.A. ] 39:4-50.2. POINT V THE LAW DIVISION'S REVIEW OF THE ... are satisfied that the State met its evidentiary burden because N.J.S.A. 39:4-50(g) permits, but does not require, the introduction of ...

docket:	a5740-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-18
status:	unpublished
citation:
Document Size:	20632

255 STATE OF NEW JERSEY v. GARY H. CONDIT -- rank: 511

... S.A. 39:4-49.1; driving while intoxicated (DWI), N.J.S.A. 39:4-50, for the second time; unsafe lane change, N.J.S ... A. 39:4-88(b); refusal to provide breath samples, N.J.S.A. 39:4-50.2; and failure to keep right, N.J.S.A ... camera, which was entered into evidence at trial. 2 See N.J.S.A. 39:4-50.17(a)(1) regarding the requirement of interlock devices after ... the field sobriety tests. A-2080-18T3 12 Pursuant to N.J.S.A. 39:4-50(a), a 'driving while intoxicated' violation occurs when 'operat[ing ...

docket:	a2080-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-10
status:	Unpublished
citation:
Document Size:	23595