Search Rutgers Law Library N.J. Court Opinions

451 STATE OF NEW JERSEY v. ERIC SEPKOWSKI -- rank: 441

... novo in the Law Division for driving while intoxicated (DUI), N.J.S.A. 39:4-50; and refusal to submit to a chemical test, in violation of N.J.S.A. 39:4-50.4a. We affirm. Defendant was originally charged with operating a motor vehicle while intoxicated, in violation of N.J.S.A. 39:4-50; reckless driving, in violation of N.J.S.A. 39 ... refusal to submit to a chemical test, in violation of N.J.S.A. 39:4-50.4a; and failure to produce insurance and registration, in violation ...

docket:	a0464-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-29
status:	unpublished
citation:
Document Size:	14474

452 STATE OF NEW JERSEY v. KEVIN A. IBANEZ -- rank: 439

... guilty in Garfield Municipal Court to driving while intoxicated (DWI), N.J.S.A. 39:4-50, and failure to report an accident, N.J.S.A ... 180-day jail sentence and an eight-year license suspension, N.J.S.A. 39:4-50(a)(3), defendant filed a petition for PCR from the ...

docket:	a1952-22
court:	NJ Superior Court Appellate Division
decided:	2024-02-29
status:	Unpublished
citation:
Document Size:	13501

453 STATE OF NEW JERSEY v. ROCIO SANCHEZ-ROJAS -- rank: 439

... defendant's insobriety, the judge found defendant guilty of violating N.J.S.A. 39:4-50. The judge entered a final judgment of conviction, and sentenced ... can be proven by blood alcohol test results alone. See N.J.S.A. 39:4-50(a)(1)(ii). A-2286-21 2 Defendant moved for ...

docket:	a2286-21
court:	NJ Superior Court Appellate Division
decided:	2022-08-19
status:	Unpublished
citation:
Document Size:	35292

454 STATE OF NEW JERSEY v. DOUGLAS M. HIGGINS -- rank: 439

... in Manchester Township, this time for both driving while intoxicated, N.J.S.A. 39:4-50, and refusal to submit to a breath examination, N.J.S.A. 39:4-50.4a. On March 17, 1999, while represented by L. Gilbert ... time offender by virtue of the step down provision of N.J.S.A. 39:4-50(a)(3). Following these proceedings, the MVC apparently took note ...

docket:	a3338-08
court:	superior court appellate division
decided:	2009-10-29
status:	Unpublished
citation:
Document Size:	53535

455 Mazzacano v.Happy Hour Social and Athletic Club of Maple Shade, Inc. -- rank: 439

... high as the then-permissible BAC limit in 2002 under N.J.S.A. 39:4-50. See L. 2001, c. 12, § 1. 4 By contrast ... 0.08 percent. See L. 2003, c. 314 (codified at N.J.S.A. 39:4-50). 5 Because of this finding, there was no need for ...

docket:	a-102-07
court:
decided:	2009-01-22
status:
citation:	197 N.J. 280
Document Size:	72554

456 STATE OF NEW JERSEY v. EDWARD M. PLAZA -- rank: 439

... also was charged by summons with driving while intoxicated (DWI), N.J.S.A. 39:4-50. A jury trial was held in September and October of ...

docket:	a3679-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-26
status:	Unpublished
citation:
Document Size:	30569

457 STATE OF NEW JERSEY v. CLAYTON SIMPSON -- rank: 436

... S.A. 2C:29-2b, and driving while intoxicated (DWI), N.J.S.A. 39:4-50, his third such offense. In exchange for defendant's guilty ... and the imposition of the third DWI penalties required by N.J.S.A. 39:4-50(a)(3), including a 180-day jail sentence and ten ... the "custodial portion of his DWI sentence": POINT I 2 N.J.S.A. 39 :4-50 IS INVALID TO THE EXTENT IT PERMITS STANDARD-LESS JAIL ... that carry a potential for a custodial sentence[,]" to include N.J.S.A. 39:4-50 (DWI). Palma , supra , 219 N.J. at 596. Here, the ...

docket:	a2191-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-30
status:	unpublished
citation:
Document Size:	19212

458 STATE OF NEW JERSEY v. FRANCIS OSEI-AFRIYIE -- rank: 436

... of guilty of refusing to submit to a breath test, N.J.S.A. 39:4-50.2, and to vacate his associated conviction and sentence for ... refusal to submit to a breath test, in violation of N.J.S. A. 39:4-50.2. He was also issued four additional summonses for driving ... TO SUBMIT TO THE BREATHALYZER TEST WITHIN THE MEANING OF N.J.S.A. 39:4-50[.4(a)] AND IN CONTRAVENTION OF 198 N.J. 145 ...

docket:	a2210-08
court:	NJ Superior Court Appellate Division
decided:	2009-09-01
status:	unpublished
citation:
Document Size:	49846

459 STATE OF NEW JERSEY v. NEIL COLABELLA -- rank: 436

... N.J.S.A. 39:4-115; driving while intoxicated, N.J.S.A. 39:4-50(a); and failure to inspect his vehicle, N.J.S ... OF THE DEFENDANT FOR DRIVING WHILE INTOXICATED IN VIOLATION OF N.J.S.A. 39:4-50 WAS UNREASONABLE AND UNSUPPORTED BY SUFFICIENT CREDIBLE EVIDENCE IN THE ... level of .08% required for a per se offense. See N.J.S.A. 39:4-50(a) (providing a person who operates a motor vehicle is ... vehicle offense summons, driving while intoxicated in a school zone, N.J.S.A. 39:4-50(g), for which he was acquitted. 2 Despite a reference ...

docket:	a2382-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-26
status:	unpublished
citation:
Document Size:	21768

460 STATE OF NEW JERSEY v. JOSEPH FEDERICO -- rank: 436

... de novo finding him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, refusal to take a breathalyzer, N.J.S.A. 39:4-50.2, and driving while suspended, N.J.S.A. 39 ... felt it was required as a matter of law. See N.J.S.A. 39:4-50 does not apply to the facts of this case" because ... legislative policy to discourage long trials complicated by pretextual defenses." N.J.S.A. 39:4-50 prohibits operating a motor vehicle "while under the influence of ...

docket:	a0678-08
court:	superior court appellate division
decided:	2010-07-12
status:	published
citation:	414 N.J.Super. 321 998 A.2d 517
Document Size:	37540

461 STATE OF NEW JERSEY v. ELIZABETH KARLINSKI -- rank: 436

... order and accompanying written opinion finding defendant guilty of DWI, N.J.S.A. 39:4-50. A key disputed issue was whether defendant was operating her ... quoting State v. Johnson, 42 N.J. 146, 162 (1964)). N.J.S.A 39:4-50(a) defines driving while intoxicated as: '[a] person who operates ... blood. . . .' Our Supreme Court has 'construe[d] the terms of N.J.S.A 39:4-50(a) flexibly, pragmatically and purposefully to effectuate the legislative goals ... from the scene does not conclusively establish it was inoperable. N.J.S.A. 39:4-50.23(a) requires that a vehicle involved in drunk driving ...

docket:	a2836-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-27
status:	Unpublished
citation:
Document Size:	15550

462 STATE OF NEW JERSEY v. JOHN RAISLEY -- rank: 436

... a summons issued to him for driving while intoxicated (DWI), N.J.S.A. 39:4-50. We affirm. I. We discern the following factual and procedural ... 180-day period of incarceration was mandatory rather than discretionary. N.J.S.A. 39:4-50(a)(3). Such a sentence cannot be reduced under the ...

docket:	a6149-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-24
status:	unpublished
citation:
Document Size:	25080

463 State v. Robert Smith -- rank: 436

... 5 (count one), and second- degree reckless manslaughter, contrary to N.J.S.A. 39:4-50, careless driving, N.J.S.A. 39:4-97, and ... and operating a vehicle while under the influence of alcohol, N.J.S.A. 39:4-50. Defendant was sentenced on the vehicular homicide conviction to a ...

docket:	a-115-99
court:	njsupreme
decided:	2001-05-08
status:
citation:	167 N.J. 158
Document Size:	97781

464 STATE OF NEW JERSEY VS. ROBERT KELLER, JR. -- rank: 436

... 2022 order adjudicating him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50.1 For the reasons which follow, we affirm. I. On ... Williams, the municipal court judge found defendant guilty of violating N.J.S.A. 39:4-50. On appeal, the Law Division conducted two hearings. In the ... and like the municipal court, found defendant guilty of violating N.J.S.A. 39:4-50(a)(1)?. On appeal defendant presents the following issues: POINT ...

docket:	a0068-22
court:	appellate
decided:	2024-04-10
status:	Unpublished
citation:
Document Size:	21620

465 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 OF CHILD PROTECTION AND PE -- rank: 436

... that expert testimony was necessary to establish her impairment. Under N.J.S.A. 39:4-50, operating a vehicle with a BAC above 0.08% is ...

docket:	a2298-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-01
status:	unpublished
citation:
Document Size:	30468