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346 STATE OF NEW JERSEY v. CHARLES M. MCALLISTER -- rank: 472

... motor vehicle summons charging him with driving while intoxicated (DWI), N.J.S.A. 39:4-50, the State agreed to recommend: probation, conditioned on defendant serving ... the imposition of the mandatory fines and penalties pursuant to N.J.S.A. 39:4-50; and the dismissal of other disorderly persons and motor vehicle ... of detention at an appropriate IDRC was mandatory pursuant to N.J.S.A. 39:4-50. He denied defendant's motion for reconsideration and modification of ... affirm. This was defendant's first DWI conviction. Pursuant to N.J.S.A. 39:4-50(a)(1)(ii), first offenders "shall be subject" to, among ... screening, evaluation, referral, program and fee requirements" of the IDRC. N.J.S.A. 39:4-50(b). We have said in the context of a DWI ... program, i.e., "alcohol and drug education and highway safety," N.J.S.A. 39:4-50(f), are not legitimate sentencing objectives even if defendant ...

docket:	a1371-09
court:	superior court appellate division
decided:	2011-01-06
status:	unpublished
citation:
Document Size:	17501

347 STATE OF NEW JERSEY v. THOMAS ZINGIS -- rank: 472

... trial de novo of driving while intoxicated (DWI), contrary to N.J.S.A. 39:4-50. In addition, defendant appeals his sentence, arguing that the court ... moved to be sentenced as a first-time offender. See N.J.S.A. 39:4-50 (setting forth the penalties for first, second, and third DWI ... COURT ERRED IN SENTENCING DEFENDANT AS A SECOND OFFENDER UNDER N.J.S.A. 39:4-50, BECAUSE THE STATE DID NOT MEET ITS BURDEN TO PROVE ... more by weight of alcohol in the defendant's blood. . . .' N.J.S.A. 39:4-50(a). The statute provides two alternative methods by which driving ...

docket:	a0905-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-25
status:	Published
citation:
Document Size:	39964

348 STATE OF NEW JERSEY v. TERRENCE MCCABE -- rank: 470

... appeals from his conviction for driving while intoxicated, contrary to N.J.S.A. 39:4-50, and asserts that he was denied his right to a ... urged that the officer had reasonable suspicion to believe that N.J.S.A. 39:4-50 had been violated in that defendant had operated the vehicle ... defendant operated his motor vehicle while intoxicated in violation of N.J.S.A. 39:4-50. The judge based his finding of intoxication on the AlcotestĀ ...

docket:	a5142-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-02
status:	unpublished
citation:
Document Size:	48724

349 STATE OF NEW JERSEY v. BRENDAN STEPHAN -- rank: 470

... A. 2C:35-10(a)(4), and driving while intoxicated, N.J.S.A. 39:4-50. We affirm. The facts may be simply stated. At about ... N.J.S.A. 2C:35-10(a)(4) and N.J.S.A. 39:4-50. He also charged defendant with violations of N.J.S ... N.J.S.A. 2C:35-10(a)(4) and N.J.S.A. 39:4-50. The remainder of the charges were dismissed as part of ...

docket:	a3019-07
court:	NJ Superior Court Appellate Division
decided:	2009-03-31
status:	unpublished
citation:
Document Size:	17195

350 STATE OF NEW JERSEY v. JERMAINE BURNS -- rank: 470

... finding him guilty of refusal to submit a breath sample. N.J.S.A. 39:4-50.2 The court imposed a seven-month suspension of his driving privileges. N.J.S.A. 39:4-50.4(a). We affirm. At the motion to suppress hearing ... Defendant was charged in Fort Lee with driving while intoxicated, N.J.S.A. 39:4-50 (DWI); refusal to submit a breath sample, N.J.S.A. 39:4-50.2 (refusal statute); and careless driving, N.J.S.A ... Vehicle Commission Standard Statement for Operators of a Motor vehicle-- N.J.S.A. 39:4-50.2(e) and that he twice refused the test. Officer ...

docket:	a5033-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-28
status:	unpublished
citation:
Document Size:	22525

351 STATE OF NEW JERSEY v. JOSEPH WATSON -- rank: 470

... convicted of driving while under the influence of alcohol (DWI), N.J.S.A. 39:4-50; failure to stop at a stop sign, N.J.S ... is sufficiently reliable to prove a per se violation of N.J.S.A. 39:4-50. Id. at 65, 90, 148. The Law Division judge also ... motor vehicle while intoxicated beyond a reasonable doubt. Pursuant to N.J.S.A. 39:4-50(a), a person violates the statute of "driving while intoxicated ...

docket:	a5066-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-21
status:	unpublished
citation:
Document Size:	54681

352 STATE OF NEW JERSEY v. JAKE PASCUCCI -- rank: 470

... content (BAC) was above the presumptive level of intoxication under N.J.S.A. 39:4-50(a). 1 On February 22, 2018, detectives from the Middlesex ... 11-5.3a, and driving a vehicle while intoxicated (DWI), N.J.S.A. 39:4-50(a). 1 Detectives from the Monmouth County Prosecutor's Office ... 08 or in excess,' which made him legally intoxicated under N.J.S.A. 39:4-50(a). The court held the sentencing hearing on June 28 ... death by driving a vehicle while intoxicated in violation of N.J.S.A. 39:4-50. [Model Jury Charges (Criminal), 'Strict Liability Vehicular Homicide Driving While ...

docket:	a4905-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-06
status:	Published
citation:
Document Size:	28229

353 STATE OF NEW JERSEY v. MICHAEL W. FASH -- rank: 470

... the Wawa, and that "four-and-a-half" referred to N.J.S.A. 39:4-50. Conklin acknowledged that he did not know whether "the person ... who's drunk," and it goes out as a possible [ N.J.S.A. 39:] 4-50. The officer goes directly to the Wawa. He arrives at ... of Wawa that . . . the dispatch goes out as a possible [ N.J.S.A. 39:] 4-50. . . . So all of that is before the police officer. He ... makes one bit of difference. . . . We've got a possible [ N.J.S.A. 39:] 4-50. At that point there's enough information to stop that ... also charged with refusing to submit to a Breathalyzer test, N.J.S.A. 39:4-50.2. Ibid. "The 'community caretaker doctrine' . . . applies when the 'police ...

docket:	a0451-09
court:	superior court appellate division
decided:	2010-09-03
status:	unpublished
citation:
Document Size:	51137

354 STATE OF NEW JERSEY v. JULIANNE DeGILIO -- rank: 468

... Court, defendant was found guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, refusing to submit a breath sample, N.J.S.A. 39:4-50.2, and improper use of high beams, N.J.S ... required to be recited prior to conducting a breath test. N.J.S.A. 39:4-50.2(e). As Officer Genovese read each question listed on ... this discrepancy warrants reversal of defendant's conviction for violating N.J.S.A. 39:4-50.2. We disagree. "Our court rules are designed to ensure ...

docket:	a4061-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-13
status:	unpublished
citation:
Document Size:	35013

355 STATE OF NEW JERSEY v. DANIEL M. PAGE -- rank: 468

... A. 39:4-88(b) and driving while intoxicated (DWI) N.J.S.A. 39:4-50. We affirm. On November 12, 2014, at approximately 11:55 ... have been offered a blood test as an alternative. See N.J.S.A. 39:4-50.2(c) (providing police may make an independent test available ... upon by the trial court supports its conclusion. Defendant violated N.J.S.A. 39:4-50. Affirmed. This archive is a service of Rutgers School of ...

docket:	a4518-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-05
status:	unpublished
citation:
Document Size:	36523

356 STATE OF NEW JERSEY v. JEROME BOYNTON -- rank: 466

... 17 Defendant had a prior conviction for driving while intoxicated, N.J.S.A. 39:4- 50. A-2574-18 34 Defendant argues the judge erred in ...

docket:	a2574-18
court:	NJ Superior Court Appellate Division
decided:	2021-09-13
status:	Unpublished
citation:
Document Size:	64343

357 STATE OF NEW JERSEY v. PANKAJ KUMAR SHEO -- rank: 466

... for driving under the influence of alcohol in violation of N.J.S.A. 39:4-50. He argued that there was insufficient evidence to support his ... follows: refusal to submit to a breathalyzer, in violation of N.J.S.A. 39:4-50.2; driving while intoxicated, in violation of N.J.S ... a vehicle under the influence of alcohol in violation of N.J.S.A. 39:4-50. In this case, there was substantial evidence in the record ... judge. In that regard, we note that a violation of N.J.S.A. 39:4-50(a) can be proven "'through either of two alternative evidential ...

docket:	a3534-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-15
status:	unpublished
citation:
Document Size:	21842

358 RUTH E. OLSVARY v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 466

... argues any suspension cannot exceed ninety days, as provided in N.J.S.A. 39:4-50, as this was her first offense. The Compact provides for ... authorized by N.J.S.A. 39:5D-4 and N.J.S.A. 39:4-50, and supported by the undisputed evidence in the record. Failure ... not less than seven months nor more than one year." N.J.S.A. 39:4-50. We also note, appellant's apparent refusal to submit a ... precluded evidence of her breath-alcohol level. As required by N.J.S.A. 39:4-50.4(a)(1)(ii), such refusal requires a license suspension ...

docket:	a5604-07
court:
decided:	2009-04-29
status:	Unpublished
citation:
Document Size:	34591

359 STATE OF NEW JERSEY v. KATHLEEN R. BELKO -- rank: 466

... novo in the Law Division, of driving while intoxicated (DWI), N.J.S.A. 39:4-50(a), and refusal to submit to a chemical breath test (refusal), N.J.S.A. 39:4-50.4. Based on our review of the arguments advanced on ...

docket:	a4962-15
court:	NJ Superior Court Appellate Division
decided:	2018-02-08
status:	unpublished
citation:
Document Size:	41648

360 STATE OF NEW JERSEY v. PETER G. CAPLAN -- rank: 466

... intoxicated (DWI). We affirm. Defendant was first convicted of DWI, N.J.S.A. 39:4-50, in the Bloomfield Municipal Court in May 1991 for an ... years after the first offense, the step-down provision of N.J.S.A. 39:4-50(a) applied, and defendant was again sentenced as a first ... if he were convicted of another DWI, as required by N.J.S.A. 39:4-50(c). 1 The transcript includes a statement by the judge ... 1006 and license suspension of ten years in accordance with N.J.S.A. 39:4-50(a)(3) for a third offense, but the judge did ... he was aware of the enhanced penalties that apply under N.J.S.A. 39:4-50(a), but he claims he was not aware in 2000 ... decision dated December 18, 2012. Affirmed. 1 In relevant part, N.J.S.A. 39:4-50(c) provides: Upon conviction of a violation of this ...

docket:	a1988-12
court:	NJ Superior Court Appellate Division
decided:	2013-10-30
status:	unpublished
citation:
Document Size:	12620