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256 STATE OF NEW JERSEY v. SALOME M. WANGWE -- rank: 511

... defendant was arrested in East Brunswick and charged with DWI, N.J.S.A. 39:4-50, reckless driving, N.J.S.A. 39:4-96, and refusal to submit breath samples, N.J.S.A. 39:4-50.2. At the municipal court trial, the State's witnesses ... to submit breath samples and the consequences of refusal. See N.J.S.A. 39:4-50.2(c). Defendant stated that she would not participate in ... person has been operating a motor vehicle in violation of [ N.J.S.A. 39:4-50]." N.J.S.A. 39:4-50.2(a). For prosecutions under the Refusal Statute, N.J.S.A. 39:4-50.4a, the State must prove that the officer had ...

docket:	a2218-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-28
status:	unpublished
citation:
Document Size:	18286

257 STATE OF NEW JERSEY v. MICHAEL CARRERO -- rank: 511

... court in Toms River Township with driving while intoxicated ("DWI"), N.J.S.A. 39:4-50; reckless driving, N.J.S.A. 39:4-96; failure ... charged in Stafford Township by the State Police with DWI, N.J.S.A. 39:4-50. Baluski apparently failed an Alcotest administered at the Bass River ... to test the BAC of persons who have allegedly violated N.J.S.A. 39:4-50. Chun , supra , 194 N.J. at 65. As the Supreme ...

docket:	a4319-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-23
status:	published
citation:
Document Size:	55459

258 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status:	Unpublished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

259 STATE OF NEW JERSEY v. GREGORY VOZEH -- rank: 508

... BAC) was 0.16, twice the legal limit set by N.J.S.A. 39:4-50(a). Accordingly, he was charged with driving while intoxicated (DWI ... Miranda2 rights, and read him the Attorney General's Standard N.J.S.A. 39:4-50.2(e) form.3 While Gansel was observing defendant, Heffner ... 1998) (citations omitted). A-1558-21 26 A person violates N.J.S.A. 39:4-50(a) when they 'operate[] a motor vehicle while under the ... person has been operating a motor vehicle in violation of [N.J.S.A. 39:4-50].' N.J.S.A. 39:4-50.2(a). 'The courts have interpreted 'reasonable grounds' . . . to mean ...

docket:	a1558-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-07
status:	Unpublished
citation:
Document Size:	65075

260 STATE OF NEW JERSEY v. STEPHEN C. JONES, SR -- rank: 508

... s conviction for refusal to submit to a breath test, N.J.S.A. 39:4-50.4a. Treating defendant as a second offender, the municipal court ... and charged with numerous offenses, including driving while intoxicated (DWI), N.J.S.A. 39:4-50, and refusal to submit a breath sample. On December 8 ... driver's license for a period of seven months. See N.J.S.A. 39:4-50.4a(a) (providing for a period of suspension "not less ... license was suspended for a period of two years. See N.J.S.A. 39:4-50(a)(2). In July 2012, while still serving this suspension ... suspended or revoked for a second or subsequent violation of [ N.J.S.A. ] 39:4-50 or [ N.J.S.A. ]39:4-50.4a"). In October, however, defendant moved in the Winslow ...

docket:	a0582-14
court:	NJ Superior Court Appellate Division
decided:	2015-09-23
status:	unpublished
citation:
Document Size:	16224

261 STATE OF NEW JERSEY VS. KATHLEEN GANSER -- rank: 508

... d). I. In November 2004, defendant was charged with DWI, N.J.S.A. 39:4-50, and DWI in a school zone, N.J.S.A. 39:4-50(g), and other motor vehicle offenses. On January 26, 2005 ... under the influence,' as that term has been defined under N.J.S.A. 39:4- - 50, is an essential element of a DWI offense. ''[G]enerally speaking,' '[t]he language 'under the influence' used in [N.J.S.A. 39:4-50] . . . means a substantial deterioration or diminution of the mental faculties ... 68 N.J. at 421) (noting 'under the influence' under N.J.S.A. 39:4-50 has been defined as 'a condition which so affects the ... DWI conviction under Rule 7:6-2(a)(1) and N.J.S.A. 39:4-50. We therefore do not address or decide that issue. ...

docket:	a1857-22
court:	appellate
decided:	2024-04-05
status:	Unpublished
citation:
Document Size:	25571

262 State of New Jersey v. James Badessa -- rank: 508

... take the test and was charged under the refusal statute, N.J. S.A. 39:4-50.4a. He then moved to suppress all evidence, including the ... the officer issued him summonses for DWI, in violation of N.J. S.A. 39:4-50, and refusal to submit to a breathalyzer test, in violation of N.J. S.A. 39:4-50.4a. In Ventnor Municipal Court, defendant claimed that the stop ... to submit to the test upon request of the officer. [ N.J.S.A. 39:4-50.4a.] Thus, the State must establish that “(1) the arresting ... test are part of a comprehensive statutory scheme contained in N.J.S.A. 39:4-50 to -51, and may be viewed as two sides of ... under the influence and “was placed under arrest” for DWI. N.J.S.A. 39:4-50.4a. The principal purpose of a police officer advising ...

docket:	a-94-04
court:	njsupreme
decided:	2005-11-10
status:
citation:	185 N.J. 303
Document Size:	43053

263 STATE OF NEW JERSEY v. WENDY WIELGOMAS -- rank: 506

... defendant guilty of refusal to submit to a breathalyzer test, N.J.S.A. 39:4-50.2. On appeal, defendant contends the State failed to establish ... was also charged with driving while under the influence (DWI), N.J.S.A. 39:4-50, and speeding, N.J.S.A. 39:4-98. She ... Headquarters for the breathalyzer." He subsequently charged defendant with DWI, N.J.S.A. 39:4-50, and refusal to take the breathalyzer test, N.J.S.A. 39:4-50.2. Defendant testified on her own behalf. She admitted that ... the driver was operating a motor vehicle in violation [of N.J.S.A. 39:4-50].'" State v. Moskal , 246 N.J. Super. 12 , 21 (App ... tests an element of proof in a refusal prosecution. See N.J.S.A. 39:4-50.2. The proofs necessary to establish the requisite probable ...

docket:	a4785-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-23
status:	unpublished
citation:
Document Size:	45901

264 STATE OF NEW JERSEY v. BONG CHANG -- rank: 506

... for Operators of a Motor Vehicle (Standard Statement), pursuant to N.J.S.A. 39:4-50.2. The full text of those eleven paragraphs is as ... as if you had been convicted of a violation of N.J.S.A. 39:4-50, or you will be subject to penalties for your failure ... Vehicle Commission Standard Statement for Operators of a Motor Vehicle - N.J.S.A. 39:4-50.2(e).] Officer Sporer testified that as he read each ... 157 N.J. 475 , 489 (1999). Subsection (e) of the N.J.S.A. 39:4-50.2 does provide, in pertinent part, that "[t]he police ... the refusal to submit to a breathalyzer test would be N.J.S.A. 39:4-50.4. Having considered the arguments advanced in the briefs on ...

docket:	A1894-06
court:	NJ Superior Court Appellate Division
decided:	2007-10-30
status:	unpublished
citation:
Document Size:	56802

265 STATE OF NEW JERSEY v. DANIEL P. MEEHAN -- rank: 506

... Defendant was arrested and charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50, reckless driving, N.J.S.A. 39:4-69, refusal ... DEFENDANT'S FIRST CONVICTION FOR REFUSAL. We reject this contention. N.J.S.A. 39:4-50.4a provides: [T]he municipal court shall revoke the right ... in which case the revocation shall be for ten years. [ N.J.S.A. 39:4-50.4a (emphasis added).] Defendant argues the words 'offense under this ...

docket:	a2453-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-05
status:	unpublished
citation:
Document Size:	12674

266 STATE OF NEW JERSEY v. DOUGLAS B. HANNA -- rank: 502

... Law Division finding him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50. Defendant was sentenced to attend the Intoxicated Driver's Resource ... a conditional guilty plea to a per se violation of N.J.S.A. 39:4-50, which was based upon the administration of the Alcotest 7110 ... admissible in court to support a per se violation of N.J.S.A. 39:4-50. State v. Chun , 194 N.J. 54 , 65, cert. denied ... a conditional guilty plea to a per se violation of N.J.S.A. 39:4-50, based upon the 0.18% BAC reading. Defendant reserved the ...

docket:	a5256-08
court:	superior court appellate division
decided:	2010-03-12
status:	unpublished
citation:
Document Size:	54940

267 STATE OF NEW JERSEY v. ADAM J. KENT -- rank: 502

... evidence at trial. Nevertheless, we sustain his DWI conviction under N.J.S.A. 39:4-50 on independent grounds, based upon the arresting police officer's ... Law Division judge, we agree that defendant's conviction under N.J.S.A. 39:4-50 should be affirmed based upon those unrebutted observations. A defendant ... to support defendant's conviction of a DWI violation under N.J.S.A. 39:4-50 beyond a reasonable doubt. See State v. Locurt o , 157 ... to a non-criminal prosecution for driving while intoxicated under N.J.S.A. 39:4-50 ("DWI"). However, I am not prepared to say, and do ...

docket:	A3137-05
court:	NJ Superior Court Appellate Division
decided:	2007-03-22
status:	published
citation:
Document Size:	102536

268 /usr/local/share/www/libweb/collections/courts/appellate/a5687-14.opn.html -- rank: 502

... de novo in the Law Division for driving while intoxicated, N.J.S.A. 39:4-50. We affirm. On May 10, 2014, defendant was charged with driving while intoxicated, N.J.S.A. 39:4-50; driving while intoxicated in a school zone, N.J.S.A. 39:4-50(g); reckless driving, N.J.S.A. 39:4-96 ... beyond a reasonable doubt. The 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 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	25312

269 STATE OF NEW JERSEY v. RICARDO PLUMMER -- rank: 499

... Division, defendant was convicted of driving while under the influence, N.J.S.A. 39:4-50(a), his second such offense. At trial, Police Officer Paul ... of ADHD and not any of the substances described in N.J.S.A. 39:4-50(a). Defendant was convicted in municipal court of violating N.J.S.A. 39:4-50(a), which prohibits operation of a motor vehicle "while under ... under the influence of one of the substances described in N.J.S.A. 39:4-50(a). To be sure, because defendant was not under the ... habit-producing drug." Ibid. Our Supreme Court has held that N.J.S.A. 39:4-50(a) "does not require that the particular narcotic be identified ... and was, thus, a substance falling within the parameters of N.J.S.A. 39:4-50(a). Affirmed. 1 There is no dispute that defendant ...

docket:	a4570-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-17
status:	unpublished
citation:
Document Size:	15118

270 STATE OF NEW JERSEY v. OMAR GASSAMA -- rank: 499

... arrested in Hammonton and charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusal to submit to a chemical breath test (refusal), N.J.S.A. 39:4-50.4a; refusal to consent to the taking of breath samples, N.J.S.A. 39:4-50.2; unsafe lane change, N.J.S.A. 39:4 ... even silence, constitutes refusal, in applying the implied consent statute, N.J.S.A. 39:4-50.2(a).' See, e.g., State v. Widmaier, 157 N ...

docket:	a0971-18
court:	NJ Superior Court Appellate Division
decided:	2019-06-10
status:	Unpublished
citation:
Document Size:	21799