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316 STATE OF NEW JERSEY v. RICARDO J. SALAZAR -- rank: 481

... Ricardo J. Salazar was convicted of driving while intoxicated (DWI), N.J.S.A. 39:4-50, on July 20, 2009. Thereafter, on March 19, 2013, he ... was convicted of refusing to submit to chemical testing (refusal), N.J.S.A. 39:4-50.4a. On May 9, 2014, defendant was stopped while driving ... 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." He found it was the Legislature's intent to ... refusal, or some combination. He also noted that pursuant to N.J.S.A. 39:4-50, the consequences for a refusal were similar to a DWI ... suggests that since the Court in that case concluded that N.J.S.A. 39:4-50 precluded the use of a prior refusal conviction to ...

docket:	a0219-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-11
status:	unpublished
citation:
Document Size:	15149

317 STATE OF NEW JERSEY v. DAVID REYNOLDS -- rank: 481

... from his de novo conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50. It is undisputed that defendant struck a parked vehicle when ... J. Super. 1, 10 (App. Div. 2005) (emphasis in original), N.J.S.A. 39:4-50, the drunk driving statute, applies to "a person who operates ...

docket:	a5170-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-21
status:	unpublished
citation:
Document Size:	24249

318 STATE OF NEW JERSEY v. EDWARD DUDA -- rank: 481

... following motor vehicle offenses: driving while intoxicated (DWI), contrary to N.J.S.A. 39:4-50; unsafe lane change, contrary to N.J.S.A. 39 ... CAN ESTABLISH PROBABLE CAUSE TO ARREST A DEFENDANT FOR VIOLATING N.J.S.A. 39:4-50. POINT II THE LOWER COURT'S HOLDING THAT SUFFICIENT PROBABLE CAUSE EXISTED TO ARREST THE DEFENDANT FOR VIOLATING N.J.S.A. 39:4-50 WAS NOT SUPPORTED BY CREDIBLE EVIDENCE IN THE RECORD. We ... with a blood alcohol concentration of 0.08% or more . . . ." N.J.S.A. 39:4-50(a). Defendant contests the Law Division's decision that the ... was operating a motor vehicle in violation of this section. [ N.J.S.A. 39:4-50(a)(3) (emphasis added).] Finally, the court found defendant's ...

docket:	a4373-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-07
status:	unpublished
citation:
Document Size:	22568

319 STATE OF NEW JERSEY v. JAMES J. MORGAN -- rank: 481

... s motion to dismiss the charge of driving while intoxicated, N.J.S.A. 39:4-50. We affirm. The following facts are derived from the record ... Defendant was arrested for driving while intoxicated, in violation of N.J.S.A. 39:4-50. Defendant filed a motion to dismiss, arguing that he could ...

docket:	a0541-13
court:	NJ Superior Court Appellate Division
decided:	2014-10-08
status:	unpublished
citation:
Document Size:	10760

320 STATE OF NEW JERSEY v. LEONARD J. STERBA -- rank: 481

... appeals pro se from his convictions for driving while intoxicated, N.J.S.A. 39:4-50, and refusal to take a breath test, N.J.S.A. 39:4-50.2. On appeal, he makes the following arguments: POINT I ... reasonable doubt, that defendant was guilty of driving wile intoxicated, N.J.S.A. 39:4-50, refusal to submit to a breath test, N.J.S ...

docket:	a1579-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-02
status:	unpublished
citation:
Document Size:	40514

321 STATE OF NEW JERSEY v. LORI SHARP -- rank: 479

... defendant was convicted three times of driving while intoxicated (DWI), N.J.S.A. 39:4-50. 1 Defendant's last DWI conviction in November 2002 resulted ... license was suspended or revoked for a first violation of [ N.J.S.A. ] 39:4-50 or [ N.J.S.A. 39:4-50.4a] and the actor had previously been convicted of violating ... 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. A person convicted of an offense under this subsection ...

docket:	a1230-12
court:	NJ Superior Court Appellate Division
decided:	2011-08-02
status:	unpublished
citation:
Document Size:	18567

322 STATE OF NEW JERSEY v. ALAN J. LOBO -- rank: 479

... plea to driving while under the influence of alcohol (DWI), N.J.S.A. 39:4-50, after the municipal judge denied a number of motions defendant ... arrested defendant on April 29, 2011, charging him with DWI, N.J.S.A. 39:4-50, and careless driving, N.J.S.A. 39:4-97 ... to undertake a timely independent BAC testing as provided under N.J.S.A. 39:4-50.2(c). This contention is equally without merit. There was ... this jurisdiction that a defendant charged with a violation of N.J.S.A. 39:4-50 and other Title 39 offenses has no right to a ...

docket:	a4477-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-28
status:	unpublished
citation:
Document Size:	72900

323 STATE OF NEW JERSEY v. CATHERINE POUCH-MENDOLA -- rank: 479

... trial de novo, convicting her of driving while intoxicated (DWI), N.J.S.A. 39:4-50, and improper parking, N.J.S.A. 39:4-135 ... the evidence is sufficient to support defendant's DWI conviction. N.J.S.A. 39:4-50(a) prohibits a motorist from operating a vehicle while under ... 0.08% or more . . . ." The term "operate," as used in N.J.S.A. 39:4-50(a), has been broadly interpreted. State v. Ebert , 377 N ... defendant was driving while under the influence, in violation of N.J.S.A. 39:4-50(a). Bealor , supra , 187 N.J. at 590. Defendant's ...

docket:	a5284-11
court:	NJ Superior Court Appellate Division
decided:	2015-03-04
status:	unpublished
citation:
Document Size:	26361

324 /usr/local/share/www/libweb/collections/courts/appellate/a0110-19.opn.html -- rank: 479

... Michale Fagg appeals his conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50. We affirm. I We derive the following facts from the ... that point, Officer Chudy arrested defendant, charged him with DWI, N.J.S.A. 39:4-50, and a parking offense, N.J.S.A. 39:4 ... determination that defendant operated a vehicle within the meaning of N.J.S.A. 39:4-50(a). '[A] person who operates a motor vehicle while under ... 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 ... 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 motion ...

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Document Size:	13866

325 STATE OF NEW JERSEY v. AMY LOCANE -- rank: 477

... Princeton Township: driving while intoxicated (DWI) in a school zone, N.J.S.A. 39:4-50(g); leaving the scene of an accident, N.J.S ... statute does not require the production of a map. See N.J.S.A. 39:4-50(g)(1). Accordingly, the State's proofs were adequate. IX ...

docket:	a2728-12
court:	NJ Superior Court Appellate Division
decided:	2016-07-22
status:	unpublished
citation:
Document Size:	105591

326 STATE OF NEW JERSEY v. MANUEL MEDINA -- rank: 477

... Law Division, finding him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, and refusal to submit to a breath sample, N.J.S.A. 39:4-50.2 and -50.4(a). We affirm. The facts are ... Court, Law Division, defendant agued the new sentencing provisions under N.J.S.A. 39:4-50 should be applied retroactively so he could be sentenced to ... acts violative of the statute. In contrast, an offender under N.J.S.A, 39:4-50.17 is a person who has been convicted of the ... to any offense occurring on or after [December 1, 2019].' N.J.S.A. 39:4-50. If the Legislature intended to apply the revised DWI statute ...

docket:	a4400-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-20
status:	Unpublished
citation:
Document Size:	12457

327 STATE OF NEW JERSEY v. GERMAINE R. LO -- rank: 477

... refusing to consent to the taking of a breath sample, N.J.S.A. 39:4-50.2, after a trial de novo in the Law Division ... J.S.A. 39:4-51b, driving while intoxicated (DWI), N.J.S.A. 39:4-50, DWI in a school zone, N.J.S.A. 39:4-50.2. After the municipal court judge found that there was ... 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 ...

docket:	a5847-07
court:	superior court appellate division
decided:	2009-07-31
status:	unpublished
citation:
Document Size:	49649

328 STATE OF NEW JERSEY v. JAMIE APPLEBY -- rank: 477

... 16, 2017 conviction of her for driving while intoxicated ('DWI'), N.J.S.A. 39:4-50. We affirm. On August 22, 2016 defendant was issued three ... with driving while intoxicated with a minor in the vehicle, N.J.S.A. 39:4-50.15(b). On May 16, 2017, the Lacey Township Municipal ... was whether defendant operated a vehicle within the meaning of N.J.S.A. 39:4-50(a). Lacey Township Police Officer Jason Lee, the responding officer ... prove that defendant operated a vehicle, within the meaning of N.J.S.A. 39:4-50(a), beyond a reasonable doubt. Specifically, defendant contends that the ... operated her vehicle. In interpreting the meaning of 'operates' in N.J.S.A. 39:4-50(a), we have set forth the following test for operation ...

docket:	a2624-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-31
status:	Unpublished
citation:
Document Size:	16181

329 STATE OF NEW JERSEY v. CHITRANJAN S. RANAWAT -- rank: 477

... J.S.A. 39:4-51b, and driving while intoxicated, N.J.S.A. 39:4-50. Defendant's sentence included a seven-month suspension of his ... J. at 95. A conviction under the implied consent statute, N.J.S.A. 39:4-50.4a, which provides, in pertinent part: [T]he municipal court ... any operator who, after being arrested for a violation of [ N.J.S.A. 39:4-50], shall refuse to submit to a test provided for in [ N.J.S.A. 39:4-50.2] when requested to do so . . . . The municipal court shall ... of the violation are not established, no conviction shall issue. [ N.J.S.A. 39:4-50.4a.] The State must establish, beyond a reasonable doubt, that ...

docket:	a3696-05
court:	njappellate
decided:	2006-12-27
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	25915

330 STATE OF NEW JERSEY v. JANE C. MICHELINI -- rank: 477

... to submit to an alcohol-breath test in violation of N.J.S.A. 39:4-50.2(a). We affirm. I. We discern the following facts ... he arrested her for driving while intoxicated (DWI), contrary to N.J.S.A. 39:4-50. When she subsequently refused to undergo a breath test, she ... Court has espoused a broad reading of the terms of N.J.S.A. 39:4-50 in order to effectuate legislative intent. State v. Tischio , 107 ... to broadly interpret the term "operate" in the context of N.J.S.A. 39:4-50 to further legislative aims. Id. at 513; State v. Mulcahy ... a motor vehicle is not required for a conviction under N.J.S.A. 39:4-50. State v. Wright , 107 N.J. 488 , 497 (1987). A ... intent to operate a vehicle can constitute "operation" pursuant to N.J.S.A. 39:4-50; an officer need not witness the vehicle in motion. ...

docket:	a4793-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-02
status:	unpublished
citation:
Document Size:	18205