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241 GREGORYP. MARKOWIEC v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 520

... driving while intoxicated (DWI) in New Jersey, in violation of N.J.S.A. 39:4-50. Appellant argues the New York State conviction does not qualify ... October 20, 2015, the MVC informed appellant that pursuant to N.J.S.A. 39:4-50, N.J.S.A. 39:5D-4, and N.J ... impaired' was not the legal equivalent of a conviction under N.J.S.A. 39:4-50. I submit that the Greene County District Attorney's Office ... § 1192(1) and a conviction of DWI based on N.J.S.A. 39:4-50 'turn on evidence of the BAC1 level.' Indeed, in Zeikel ... legal standard, appellant argues he is entitled to relief under N.J.S.A. 39:4-50(a)(3), which allows a court to exclude a prior ... your conviction does not fit the very limited exception in N.J.S.A. 39:4-50(a)(3). We discern no legal or factual basis ...

docket:	a2492-15
court:	NJ Superior Court Appellate Division
decided:	2018-02-02
status:	unpublished
citation:
Document Size:	20900

242 STATE OF NEW JERSEY v. ELIZABETH M. SILVA -- rank: 520

... to driving while under the influence of intoxicating liquor (DWI), N.J.S.A. 39:4-50(a), and refusal to submit to a breath test (Refusal ... under the influence of intoxicating liquor, within the meaning of N.J.S.A. 39:4-50 and 39:4-50.1, when, in that condition, he ... for purposes of submission to the sobriety test required by N.J.S.A. 39:4-50.4a."); State v. Stiene , 203 N.J. Super. 275 , 279 ...

docket:	a1011-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-19
status:	unpublished
citation:
Document Size:	34350

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. 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

245 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

246 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

247 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

248 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

249 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

250 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

251 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

252 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

253 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

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. DAVIS SANTIAGO -- rank: 511

... his July 17, 2015 convictions for driving while intoxicated (DWI), N.J.S.A. 39:4- 50, which were his second and third convictions under that statute ... Montvale case, the judge found a per se violation of N.J.S.A. 39:4-50, based on the Alcotest and also convicted defendant based on ... vehicle on August 30, 2013, while intoxicated in violation of N.J.S.A. 39:4-50. B. The Park Ridge Case At 2:10 a.m ... of the Motor Vehicle Act is safety on the highway. N.J.S.A. 39:4-50(a) prohibits the operation of a motor vehicle under the ... reasonable doubt and in convicting defendant of driving while intoxicated, N.J.S.A. 39:4-50. We reject defendant's argument that there was no probable ... on a per se basis in the Montvale case. See N.J.S.A. 39:4-50. Defendant's remaining arguments lack sufficient merit to warrant ...

docket:	a0095-15
court:	NJ Superior Court Appellate Division
decided:	2018-07-12
status:	unpublished
citation:
Document Size:	65816