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406 STATE OF NEW JERSEY v. SAVERIO F. RESCIGNO -- rank: 452

... PER CURIAM Defendant was charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50, in Medford on April 11, 2011. The investigating police officer ... as well as refusal to submit to a breath test, N.J.S.A. 39:4-50.2, and various moving violations. At the conclusion of a ... appeals, arguing in a single point: APPELLANT'S CONVICTION UNDER N.J.S.A. 39:4-50 WAS AGAINST THE WEIGHT OF THE EVIDENCE AND NOT ESTABLISHED ...

docket:	a2694-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-11
status:	unpublished
citation:
Document Size:	9003

407 STATE OF NEW JERSEY v. ROBERT WOSYLUK -- rank: 452

... Defendant appeals from his conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50. He contends that the court erred by sentencing him as ... New York conviction did not constitute a "previous offense" under N.J.S.A. 39:4-50 because his New York offense was operating a motor vehicle ... SHOULD NOT BE FOUND TO BE A PRIOR OFFENSE UNDER N.J.S.A. 39:4-50 In a matter such as this, our scope of review ... N.J. Super. 1 , 2-3 (App. Div. 1983), that N.J.S.A. 39:4-50 and New York's drunk driving statute are of a ... ability impaired as the equivalent of a prior conviction under N.J.S.A. 39:4-50 and properly sentenced defendant as a second-time offender. Affirmed ...

docket:	a5081-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-24
status:	unpublished
citation:
Document Size:	10767

408 STATE OF NEW JERSEY v. ELIZABETH SILVA -- rank: 452

... plea agreement." Ibid. Under New Jersey's Implied Consent Law, N.J.S.A. 39:4-50.2, [a]ny person who operates a motor vehicle on ... blood[.] Failure of a person to act in accordance with N.J.S.A. 39:4-50.2 can result in prosecution for refusing to submit to ... the statutory factors needed to sustain a refusal conviction, citing N.J.S.A. 39:4-50.2(e) and N.J.S.A. 39:4-50.4a(a), held: (1) the arresting officer had probable cause ...

docket:	a4540-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-23
status:	unpublished
citation:
Document Size:	29211

409 STATE OF NEW JERSEY v. LANCE KNOLMAYER -- rank: 450

... constitutionally required burden of proof for a refusal conviction under N.J.S.A. 39:4-50.4a, is proof beyond a reasonable doubt, State v. Cummings ... the statutory burden of proof specified by the Legislature in N.J.S.A. 39:4-50.4a, was found to be unconstitutional, Cummings , supra , 184 N ... Cummings , supra , 184 N.J. at 89, "for prosecutions under N.J.S.A. 39:4-50.4a, the State must prove the statutory elements of a ... or a narcotic, hallucinogenic, or habit-producing drug or marijuana. [ N.J.S.A. 39:4-50.4a.] The inclusion of probable cause as a necessary element ... his prior DWI conviction when imposing the enhanced penalties of N.J.S.A. 39:4-50.4a. Our decisions are clear on this issue. See State ...

docket:	a5000-05
court:	njappellate
decided:	2007-03-08
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	32000

410 STATE OF NEW JERSEY v. ADELA TIELUSZECKA -- rank: 450

... defense and found her guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50. The court entered an order sentencing defendant, as a third ... content was .274 percent, over three times the legal limit. N.J.S.A. 39:4-50(a). After the police read defendant her Miranda rights, 2 ... the evening. The police issued defendant a summons for DWI, N.J.S.A. 39:4-50. At municipal court, defendant testified that she was scared of ... jail sentence could be served in an alcohol rehabilitation program. N.J.S.A. 39:4-50(a)(3). 2 Miranda v. Arizona , 384 U.S. 436 ...

docket:	a5692-11
court:	NJ Superior Court Appellate Division
decided:	2015-05-18
status:	unpublished
citation:
Document Size:	22230

411 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 STATE OF NEW JERSEY v. -- rank: 450

... suspended or revoked for a second or subsequent violation of N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4, in violation of N.J.S.A. 2C:40 ...

docket:	a1649-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-27
status:	unpublished
citation:
Document Size:	18189

412 STATE OF NEW JERSEY v. PETER J. HEINZ -- rank: 450

... a conviction for refusal to submit to an alcohol test, N.J.S.A. 39:4-50.4a. We affirm. 1 Defendant raises the following issue on ... a defendant sentenced as a DWI third offender pursuant to N.J.S.A. 39:4-50(a)(3). More recently, we held that SLAP is not ... We concluded in Luthe that the similar language found in N.J.S.A. 39:4-50(a)(3), referring to service of a sentence "in a ...

docket:	a4578-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-07-01
status:	Published
citation:
Document Size:	11998

413 STATE OF NEW JERSEY v. DANIEL ZIERTEN -- rank: 450

... 27, 2014 judgment of conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, following its de novo review of his conviction of that ... BAC) at .25 BAC, far above the legal limit. See N.J.S.A. 39:4-50(a). Defendant does not contest that he was intoxicated at ... defendant had operated the vehicle while intoxicated, in violation of N.J.S.A. 39:4-50. The municipal judge found the police officer's testimony recounting ... s imposition of a 180-day jail term mandated by N.J.S.A. 39:4-50(a)(3), along with suspension of his driver's license ... satisfy the State's burden. Under our case law construing N.J.S.A. 39:4-50, a defendant need not have been directly observed to have ...

docket:	a5390-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-09
status:	unpublished
citation:
Document Size:	21859

414 STATE OF NEW JERSEY v. MARYLOU PANZA -- rank: 450

... affirming her municipal court convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50, and refusal to submit to an Alcotest, N.J.S.A. 39:4-50.2. We affirm. According to the State's proofs adduced ... sustain defendant's refusal conviction under the "Implied Consent Law," N.J.S.A. 39:4-50.2. This provision provides that any person who operates a ... State v. Widmaier , 157 N.J. 475 , 487 (1999) (quoting N.J.S.A. 39:4-50.2).] "'[A]nything substantially short of an unqualified, unequivocal, assent ...

docket:	a4392-08
court:	superior court appellate division
decided:	2010-04-12
status:	Unpublished
citation:
Document Size:	64859

415 /usr/local/share/www/libweb/collections/courts/appellate/a2338-19.opn.html -- rank: 448

... suspended for a prior conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50. After carefully reviewing the record in light of the arguments ... suspension in open court and physically took her license. See N.J.S.A. 39:4- 50(c) ('[F]ailure to acknowledge in writing the receipt of ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	28465

416 STATE OF NEW JERSEY v. DANIEL J. FINERAN, III -- rank: 448

... of conviction for driving under the influence in violation of N.J.S.A. 39:4-50 and refusal to take a chemical test contrary to N.J.S.A. 39:4-50.2. The matter was tried de novo on appeal from ... appeal: POINT I - THE CONVICTION OF THE DEFENDANT PURSUANT TO N.J.S.A. 39:4-50.2 IS NOT SUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE IN THE ... THE DEFENDANT'S CONVICTION OF DRIVING WHILE INTOXICATED PURSUANT TO N.J.S.A. 39:4-50. We note that the scope of our appellate review in ...

docket:	a4132-07
court:	NJ Superior Court Appellate Division
decided:	2009-02-04
status:	unpublished
citation:
Document Size:	22851

417 STATE OF NEW JERSEY v. BRIELLE L. FERREIRA -- rank: 448

... novo for two motor vehicle violations: driving while intoxicated (DWI), N.J.S.A. 39:4-50; and failure to maintain a lane, N.J.S.A ... under the influence" of a narcotic is guilty of DWI. N.J.S.A. 39:4-50(a). "[U]nder the influence" is defined as: a substantial ... burden and defendant was properly convicted of a violation of N.J.S.A. 39:4-50. Finally, we have considered defendant's argument that we should ...

docket:	a3956-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-28
status:	unpublished
citation:
Document Size:	41959

418 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. A.J and D.P. -- rank: 448

... and was arrested and charged with' driving while intoxicated (DWI), N.J.S.A. 39:4-50. The officers stated Hazel was 'properly secured in her car ... charged Althea with DWI, refusal to submit a breath sample, N.J.S.A. 39:4-50.4a, and other motor vehicle summonses and then arrested her ...

docket:	a3340-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-12
status:	Unpublished
citation:
Document Size:	34400

419 SCOTT F. WNUCK v. NEW JERSEY DIVISION OF MOTOR VEHICLES -- rank: 448

... from defendant's third conviction for driving while intoxicated (DWI). N.J.S.A. 39:4-50. Defendant was convicted of DWI on August 19, 1998, in ... Court. Defendant's driving privileges were suspended for ten years, N.J.S.A. 39:4-50, though not licensed in New Jersey, is subject to an ... state. 226 N.J. Super. 1 , 7 (App. Div. 1988). N.J.S.A. 39:4-50 and "for offenses committed in other jurisdictions of a substantially ... surcharges on "all drivers" who are convicted of violation of N.J.S.A. 39:4-50 in New Jersey or similar offenses in other jurisdictions, we ...

docket:	A2892-99
court:	NJ Superior Court Appellate Division
decided:	2001-01-30
status:	published
citation:	337 N.J. Super. 52
Document Size:	16952

420 STATE OF NEW JERSEY v. WILLIAM K. BREINER -- rank: 448

... and third-degree assault by auto while driving while intoxicated, N.J.S.A. 39:4-50 and 2C:12-1(c)(2). After merging the two ... judge of the following Title 39 offenses: driving while intoxicated, N.J.S.A. 39:4-50; possession of an open and unsealed alcoholic beverage container in ...

docket:	a2411-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-10-10
status:	Published
citation:
Document Size:	49182