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286 STATE OF NEW JERSEY v. STEPHEN A. ADRIAN -- rank: 493

... a motor vehicle while under the influence of alcohol (DWI), N.J.S.A. 39:4-50. The Law Division judge imposed the same sentence for a ... DWI under both the per se and subjective prongs of N.J.S.A. 39:4-50. He found defendant not guilty of the other motor vehicle ... its burden of proof under the per se prong of N.J.S.A. 39:4-50. However, Judge Austin found defendant guilty based upon the officer's observations, i.e., the subjective prong of N.J.S.A. 39:4-50. The judge commented on the fact that no field sobriety ... vehicle under the influence of intoxicating liquor as prohibited by N.J.S.A. 39:4-50. Rather, the court should examine the totality of the circumstances ... influence of alcohol: an accident that caused property damage, see N.J.S.A. 39:4-50 (property damage in accident is factor for police to ...

docket:	A1412-06
court:	NJ Superior Court Appellate Division
decided:	2008-02-21
status:	unpublished
citation:
Document Size:	44566

287 STATE OF NEW JERSEY v. MICHAEL STRAIN -- rank: 493

... July 30, 1988, defendant, Michael Strain, was charged with DWI, N.J.S.A. 39:4-50, in the Township of Parsippany-Troy Hills. He pled guilty ... is correct that a second DWI typically carries jail time, N.J.S.A. 39:4-50(a)(2), defendant was not going to be sentenced to ... years had elapsed between his first and second convictions. See N.J.S.A. 39:4-50(a) (stating that "if the second offense occurs more than ... be imposed for a second-time offender is ninety days, N.J.S.A. 39:4-50(a)(2), whereas the minimum jail sentence for a third-time offender is 180 days, N.J.S.A. 39:4-50(a)(3). 6 Defendant's first conviction was in 1989 ...

docket:	a5745-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-12
status:	unpublished
citation:
Document Size:	33420

288 STATE OF NEW JERSEY v. CYNTHIA SORRENTINO -- rank: 493

... affirming her municipal court convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50, and driving while her privileges were suspended, N.J.S ... jail and her driving privileges were forfeited for ten years. N.J.S.A. 39:4-50(a)(3). We affirm. According to the State's proofs ... defendant's ability to operate a motor vehicle." We disagree. N.J.S.A. 39:4-50(a) provides in pertinent part: "a person who operates a ... a reasonable doubt and, thereby, to sustain a conviction under N.J.S.A. 39:4-50." Bealor , supra , 187 N.J. at 577. Defendant's use ...

docket:	a6252-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-30
status:	unpublished
citation:
Document Size:	40596

289 STATE OF NEW JERSEY v. DELORES Y. RANDALL -- rank: 493

... Court, Delores Y. Randall was convicted of driving while intoxicated, N.J.S.A. 39:4-50 (DWI); refusing to take a breathalyzer test, N.J.S.A. 39:4-50.2; and failing to maintain a single lane of travel ... and inadequacy of the evidence supporting her convictions for violating N.J.S.A. 39:4-50 and 39:4-50.2. We affirm. At about 5 ...

docket:	a3980-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-28
status:	unpublished
citation:
Document Size:	32367

290 STATE OF NEW JERSEY v. RAFFAELLO FERRUCCI -- rank: 493

... Ferrucci appeals his conviction for driving while intoxicated, contrary to N.J.S.A. 39:4-50. We affirm. I. On August 10, 2006, at approximately 10 ... arrest for driving while under the influence in violation of N.J.S.A. 39:4-50, and other offenses not relevant to this appeal. He appeared ... of Wellbutrin. Nevertheless, Judge Dangler found Ferrucci guilty of violating N.J.S.A. 39:4-50 with respect to his consumption of alcohol. In reaching his ... with Wellbutrin, but I certainly find the intoxicating liquor under N.J.S.A. 39:4-50 BEYOND A REASONABLE DOUBT. A. THE OPERATIVE LAW. B. THE ... the tests. Consequently, we affirm Ferrucci's conviction for violating N.J.S.A. 39:4-50, which penalizes "a person who operates a motor vehicle while ...

docket:	a0472-08
court:	superior court appellate division
decided:	2010-03-03
status:	unpublished
citation:
Document Size:	51132

291 STATE OF NEW JERSEY v. VINCENT M. SPERANZA -- rank: 490

... M. Speranza appeals his conviction for driving while intoxicated (DWI). N.J.S.A. 39:4-50(a). We affirm. Before the municipal court trial began, the ... of being under the influence of intoxicating liquor, contrary to N.J.S.A. 39:4-50(a), have been established.' Based upon these undisputed facts, the ... that defendant 'operated' his car while intoxicated in violation of N.J.S.A. 39:4-50(a). The judge sentenced defendant as a second-time DWI ... he did not 'operate' his car within the intendment of N.J.S.A. 39:4-50(a). The judge found that defendant, while intoxicated, sat behind ... determination that defendant operated his car within the meaning of N.J.S.A. 39:4-50(a). This statute states that '[a] person who operates a ... engine running is operating the vehicle within the meaning of N.J.S.A. 39:4-50(a), even if the vehicle was not observed in ...

docket:	a4456-19
court:	NJ Superior Court Appellate Division
decided:	2021-09-22
status:	Unpublished
citation:
Document Size:	13830

292 STATE OF NEW JERSEY v. RENZO RODRIGUEZ -- rank: 490

... entered a conditional guilty plea to driving while intoxicated (DWI), N.J.S.A. 39:4-50, after a municipal court denied his motion to suppress evidence ... which he alone signed. The troopers charged defendant with DWI, N.J.S.A. 39:4-50; failure to possess a driver's license, N.J.S ... 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 ... road, that claim had no bearing on the charge under N.J.S.A. 39:4-50: the relevant issue here was whether he operated the vehicle ...

docket:	a1270-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-07
status:	unpublished
citation:
Document Size:	48138

293 STATE OF NEW JERSEY v. JOSEPH MESZAROS, III -- rank: 490

... convicted defendant Joseph Meszaros, III, of driving while intoxicated (DWI), N.J.S.A. 39:4- 50, and driving while suspended, N.J.S.A. 39:3 ... for ten years for his DWI conviction, his third, see N.J.S.A. 39:4-50(a)(3), and a consecutive two years for driving while ... could not 2 The legal limit is .08 percent. See N.J.S.A. 39:4-50(a). 4 A-3334-15T2 have seen his license plate ... 3334-15T2 Ultimately, the judge found defendant guilty of DWI, N.J.S.A. 39:4-50, under the per se method as well as the circumstantial ... reasonable conclusion defendant operated a motor vehicle in violation of N.J.S.A. 39:4-50. IV. Finally, defendant contends he was entitled to a jury ...

docket:	a3334-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-21
status:	unpublished
citation:
Document Size:	45105

294 STATE OF NEW JERSEY v. REYNOLD REGIS -- rank: 490

... the influence of a controlled dangerous substance (CDS), contrary to N.J.S.A. 39:4-50, and failure to maintain a lane, contrary to 384 U ... POINT II - THE STATE FAILED TO PROVE A VIOLATION OF N.J.S.A. 39:4-50 AS IT FAILED TO SHOW, BEYOND A REASONABLE DOUBT, THAT ... motor vehicle under the influence of drugs in violation of N.J.S.A. 39:4-50' and explained how he reached that conclusion, relying on State ...

docket:	a6142-08
court:	superior court appellate division
decided:	2010-09-08
status:	unpublished
citation:
Document Size:	41803

295 STATE OF NEW JERSEY v. HECTOR ROJAS -- rank: 488

... novo for two motor vehicle violations: driving while intoxicated (DWI), N.J.S.A. 39:4-50; and unclear plates, N.J.S.A. 39:3-33 ... municipal court judge found defendant guilty of driving while intoxicated, N.J.S.A. 39:4-50; refusal to give a breath sample, N.J.S.A. 39:4-50.2; and unclear plates, N.J.S.A. 39:3 ... reasonable doubt that Defendant drove while intoxicated, in violation of N.J.S.A. 39:4-50. An arresting officer's field observations of a defendant's ...

docket:	a0994-12
court:	NJ Superior Court Appellate Division
decided:	2013-05-21
status:	unpublished
citation:
Document Size:	23590

296 KAYHAN DONG v. MICHAEL ALAPE -- rank: 488

... been convicted See footnote 5 5 of driving while intoxicated, N.J.S.A. 39:4-50.4a. The Legislature's decision not to cap the amount ... Driving under the influence of intoxicating liquor, as proscribed by N.J.S.A. 39:4-50, means the general condition, which may actually be short of ...

docket:	a6264-00
court:	njappellate
decided:	2003-06-09
status:	published
citation:	361 N.J. Super. 106
Document Size:	43070

297 STATE OF NEW JERSEY v. ELIZABETH L. WALTON -- rank: 488

... an order barring the imposition of enhanced penalties mandated by N.J.S.A. 39:4-50 in the event she were to plead guilty or be ... that date. The court determined that the enhanced penalties under N.J.S.A. 39:4-50 for second, third and subsequent DWI convictions must be imposed ... the first charge, he was sentenced to enhanced penalties under N.J.S.A. 39:4-50 because it was his second DWI conviction. Ibid. The defendant ... offender." Ibid. We accordingly held that the enhanced penalties of N.J.S.A. 39:4-50 must be imposed at sentencing on entry of a second ... in Petrello applies in this case. The penalties mandated by N.J.S.A. 39:4-50 must be imposed upon any second, third or subsequent conviction ...

docket:	a5352-07
court:
decided:	2009-05-11
status:	Unpublished
citation:
Document Size:	26173

298 STATE OF NEW JERSEY v. MARK W. MACLAY -- rank: 486

... his arrest and conditional plea to driving under the influence, N.J.S.A. 39:4-50. We reverse and remand. I. Defendant was arrested and charged ... justify a stop that led to a conviction for violating N.J.S.A. 39:4-50. Golotta , supra , 178 N.J. at 209. Failure to maintain ... facts leading to a reasonable inference of a violation of N.J.S.A. 39:4-50. Contrary to the State's argument, Amelio and Golotta do ... the report to the police of the suspected violation of N.J.S.A. 39:4-50. This archive is a service of Rutgers School of Law ...

docket:	a4542-10_1
court:	NJ Superior Court Appellate Division
decided:	2012-02-22
status:	unpublished
citation:
Document Size:	66781

299 STATE OF NEW JERSEY v. EDWARD E. LAWRENCE -- rank: 486

... to withdraw his guilty plea to driving while intoxicated (DWI), N.J.S.A. 39:4-50, and sentencing defendant as a second offender. 1 We affirm ... not have been sentenced as a second offender pursuant to N.J.S.A. 39:4-50(a)(3). We remand only for resentencing as a first ... valid breath sample, defendant was charged with DWI and refusal, N.J.S.A. 39:4-50.2. 2 He pled guilty to DWI, admitting that he ... because his last conviction occurred more than ten years earlier. N.J.S.A. 39:4-50(a)(3). Defendant sought a trial de novo before the ... We have previously held that both Laurick relief and the N.J.S.A. 39:4-50(a)(3) step-down provision must be afforded defendants. State ...

docket:	a0752-12
court:	NJ Superior Court Appellate Division
decided:	2013-08-27
status:	unpublished
citation:
Document Size:	14680

300 STATE OF NEW JERSEY v. DEMETRIOS V. PETTAS -- rank: 486

... 14, 2011 conviction of driving while intoxicated (DWI), contrary to N.J.S.A. 39:4-50, after a trial de novo in the Superior Court. Defendant ... an ignition interlock device, and the appropriate fines and penalties. N.J.S.A. 39:4-50(a)(2). Following a de novo review pursuant to Rule ... and imposed the same minimum mandatory penalties provided for in N.J.S.A. 39:4-50(a)(2). Defendant now appeals, raising the following arguments: POINT ... finding that defendant was intoxicated when stopped at the roadblock. N.J.S.A. 39:4-50 does not require the use of breathalyzer or Alcotest results ... Kent , 391 N.J. Super. 352 , 384 (App. Div. 2007); N.J.S.A. 39:4-50. The remainder of defendant's arguments lack sufficient merit to ...

docket:	a5508-10
court:	NJ Superior Court Appellate Division
decided:	2013-08-07
status:	unpublished
citation:
Document Size:	23714