Search Rutgers Law Library N.J. Court Opinions

376 STATE OF NEW JERSEY v. HERIBERTO VALEDON -- rank: 461

... Heriberto Valedon appeals from his driving while intoxicated (DWI) conviction, N.J.S.A. 39:4-50, in the municipal court, and again on appeal in the ... the penalty that's applicable under the first tier of [ N.J.S.A. ] 39:4-50. Defendant was sentenced pursuant to N.J.S.A. 39:4-50(a)(2) as a second time offender to a two ... discussion in this opinion. R. 2:11-3(e)(2). N.J.S.A. 39:4-50(a) prohibits the operation of a motor vehicle under the ... and had recently "operated" the vehicle within the meaning of N.J.S.A. 39:4-50(a) when he pulled over to the side of the ...

docket:	a2209-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-10
status:	unpublished
citation:
Document Size:	18428

377 STATE OF NEW JERSEY v. JESSE MICHAEL KESSLER -- rank: 459

... novo conviction of driving while intoxicated ("DWI"), in violation of N.J.S.A. 39:4-50. We affirm. On June 20, 2012, defendant was arrested and charged with DWI, N.J.S.A. 39:4-50; refusing to consent to the taking of breath samples, N.J.S.A. 39:4-50.2; driving without headlights, N.J.S.A. 39:3 ... at 162). Intoxication for purposes of establishing a violation of N.J.S.A. 39:4-50 "not only includes obvious manifestations of drunkenness but any degree ...

docket:	a2100-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-27
status:	unpublished
citation:
Document Size:	21078

378 STATE OF NEW JERSEY v. MICHELLE TOUSSAINT -- rank: 459

... inpatient rehabilitation program approved by the Intoxicated Driver Resource Center. [ N.J.S.A. 39:4-50(a)(3) (emphasis added).] In State v. Luthe , 383 N ...

docket:	a3654-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-14
status:	published
citation:	440 N.J.Super. 526 114 A.3d 1016
Document Size:	44188

379 STATE OF NEW JERSEY v. DIANA M. PALMA -- rank: 459

... defendant's third conviction for driving under the influence (DUI), N.J.S.A. 39:4-50. 4 418 N.J. Super. at 485. The judge concluded ...

docket:	a3473-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-26
status:	published
citation:	426 N.J. Super. 510 45 A.3d 1022
Document Size:	30924

380 STATE OF NEW JERSEY v. DANIEL J. BIBAUD -- rank: 459

... driving, failure to maintain lane, and speeding, in violation of N.J.S.A. 39:4-50, N.J.S.A. 39:4-96, N.J.S ... S.A. 39:4-98, respectively. Defendant pled guilty to N.J.S.A. 39:4-50. The remaining charges were dismissed. Defendant raises three arguments on ... could be utilized to prove a per se violation of N.J.S.A. 39:4-50. 1 The Court explained that the Alcotest measures an individual ... results are admissible to prove a per se violation of N.J.S.A. 39:4-50. Chun , supra , 194 N.J. at 65. Defendant argued that ...

docket:	a0753-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-03
status:	unpublished
citation:
Document Size:	21493

381 STATE OF NEW JERSEY v. JOSEPH PETERS -- rank: 459

... Law Division found defendant guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, and found defendant failed to present a prima facie case ... N.J. Super. 34, 48 (App. Div. 2011) (recognizing that N.J.S.A. 39:4-50 may be proven through observation or by proof of a ... found defendant guilty of DWI under the observational prong of N.J.S.A. 39:4- 50(a). See Zeikel, 423 N.J. Super. at 48. Defendant ...

docket:	a2211-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-06
status:	Unpublished
citation:
Document Size:	30523

382 STATE OF NEW JERSEY v. WILLIAM E. NAZARIO -- rank: 459

... suspended or revoked for a second or subsequent violation of [ N.J.S.A. ] 39:4-50. . . ." The statute provides that: "[a] person convicted of an offense ... defendants convicted of a third or subsequent driving while intoxicated, N.J.S.A. 39:4-50, into their work release programs, while his county did not ... that the judge's refusal to allow work release because N.J.S.A. 39:4-50(a)(3) did not expressly permit it as an alternative ... serve 180 consecutive days as a third-time offender under N.J.S.A. 39:4-50, as opposed to serving the time through the Sheriff's ... be served "in a drug or alcohol inpatient rehabilitation program . . . ." N.J.S.A. 39:4-50(a)(3). This archive is a service of Rutgers School ...

docket:	a3062-13
court:	NJ Superior Court Appellate Division
decided:	2014-07-25
status:	unpublished
citation:
Document Size:	15572

383 GRACE CIRILLI POREBSKI v. M.J. PAQUET INC. -- rank: 459

... J.S.A. 39:4-98; driving while intoxicated (DWI), N.J.S.A. 39:4-50; and careless driving, N.J.S.A. 39:4-97 ... 2). 2 N.J.S.A. 39:4-89. 3 N.J.S.A. 39:4-50. 4 N.J.S.A. 39:4-97. 5 N ...

docket:	a4235-07
court:	NJ Superior Court Appellate Division
decided:	2009-09-08
status:	unpublished
citation:
Document Size:	45053

384 STATE OF NEW JERSEY v. FRANK P. CRUSEN -- rank: 459

... was issued motor vehicle summonses for driving while intoxicated (DWI), N.J.S.A. 39:4-50; DWI on school property, N.J.S.A. 39:4- 50(g)(1); reckless driving, N.J.S.A. 39:4 ... well above the .08 percent limit for intoxication prescribed by N.J.S.A. 39:4-50(a). The trial court also considered defendant's driver abstract ...

docket:	a3234-21
court:	NJ Superior Court Appellate Division
decided:	2022-09-30
status:	Unpublished
citation:
Document Size:	29628

385 STATE OF NEW JERSEY v. SLAWOMIR L. DYMACZ -- rank: 457

... vacate his municipal court conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50. See R. 7:10-2 (allowing PCR petitions to be ... has indicated you're pleading guilty to a violation of [ N.J.S.A. ] 39:4-50, driving while intoxicated. Is that so? THE DEFENDANT: Yes. THE ... Jersey and the record did not substantiate a violation of N.J.S.A. 39:4-50. Further, defendant contended the record does not reveal he understood ... he voluntarily and knowingly pled guilty to an offense under N.J.S.A. 39:4-50. The provisions of Rule 7:10-2(b)(2) bar ...

docket:	a2130-09
court:	superior court appellate division
decided:	2010-12-27
status:	unpublished
citation:
Document Size:	29018

386 STATE OF NEW JERSEY v. PHILIP REINER, -- rank: 457

... convicted of a second offense for driving while intoxicated (DWI), N.J.S.A. 39:4-50, when the second offense occurs within a school zone as defined by N.J.S.A. 39:4-50, without specifying sub-section (g), the police report prepared shortly ... I and VI with respect to the DWI statute itself. N.J.S.A. 39:4-50. Our search of the legislative history reveals no written record ... N.J.S.A. 39:3-4a (driving while suspended), N.J.S.A. 39:4-50.4a (breathalyzer refusal), to enhance penalties for these offenses when ...

docket:	A1151-02
court:	NJ Superior Court Appellate Division
decided:	2003-10-01
status:	published
citation:	363 N.J. Super. 167 832 A.2d 328
Document Size:	43283

387 STATE OF NEW JERSEY v. KIRBY LENIHAN -- rank: 457

... S.A. 39:4-50a has since been recodified as N.J.S.A. 39:4-50.22. 2 Rule 2:6-5 precludes the use of ...

docket:	a4667-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-13
status:	published
citation:	427 N.J.Super. 499 49 A.3d 415
Document Size:	51796

388 STATE OF NEW JERSEY v. VICKI NIKOLA, -- rank: 457

... driving while under the influence of alcohol, 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. See footnote 1 1 Defendant filed a motion to ... Hanrahan with a "well grounded" suspicion that she had violated N.J.S.A. 39:4-50. Consequently, Officer Hanrahan had probable cause to arrest defendant and ...

docket:	A3775-01
court:	NJ Superior Court Appellate Division
decided:	2003-04-29
status:	published
citation:	359 N.J. Super. 573 821 A.2d 110
Document Size:	38645

389 State v. Charles -- rank: 457

... Carter appeals from his convictions of driving while intoxicated (DWI), N.J.S.A. 39:4-50, and refusal to take a breath test, N.J.S.A. 39:4-50.2, following a trial de novo in the Law Division ... motor vehicle while under the influence of alcohol or drugs. N.J.S.A. 39:4-50; State v. Ebert , 377 N.J. Super. 1 , 10 (App ... State v. Marquez , 202 N.J. 485 , 503 (2010) (citing N.J.S.A. 39:4-50.2(e), 39:4-50.4a(a); State v. Wright ...

docket:	a5673-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-31
status:	unpublished
citation:
Document Size:	20014

390 Michael DePalma, et al. v. Building Inspection Underwriters, et al. -- rank: 457

... or to cases against a defendant who was convicted under N.J.S.A. 39:4-50 or - 50.4a for driving while intoxicated or refusing a ...

docket:	a7022-98
court:	njappellate
decided:	2002-04-15
status:	published
citation:	350 N.J. Super. 195 794 A.2d 848
Document Size:	72668