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451 STATE OF NEW JERSEY v. HENRYK CHROSTOWSKI -- rank: 441

... Rule 3:23-8(a), for driving while intoxicated (DWI), N.J.S.A. 39:4-50, and refusal to submit to a breath test, N.J.S.A. 39:4-50.4a. We affirm. The initial trial de novo proceeding in ... THE EXISTING RECORD WHETHER THE STATE PROVED A VIOLATION OF N.J.S.A. 39:4-50.4 BEYOND A REASONABLE DOUBT. POINT II THE LAW DIVISION ERRED BY FINDING HENRYK CHROSTOWSKI GUILTY OF VIOLATING N.J.S.A. 39:4-50.4 WHEN APPELLANT PROVED THAT HE COULD NOT UNDERSTAND THE ...

docket:	A2807-05
court:	NJ Superior Court Appellate Division
decided:	2006-11-09
status:	unpublished
citation:
Document Size:	28042

452 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status:	unpublished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

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status:	Unpublished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. 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status:	Unpublished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

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. 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

457 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

458 STATE OF NEW JERSEY VS JAMES COLAPINTO -- rank: 436

... him with sufficient evidence to conclude that defendant had violated N.J.S.A. 39:4-50. Defendant was placed under arrest and was transported to police ... reading. Defendant failed both tests and was charged with violating N.J.S.A. 39:4-50. When asked if he had consumed any alcohol that day ... s speeding conviction was merged with his conviction for violating N.J.S.A. 39:4-50. Defendant's driver's license was suspended for six months ...

docket:	a1193-97
court:	njappellate
decided:	1998-03-11
status:	published
citation:	309 N.J.Super. 132
Document Size:	19580

459 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

460 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

461 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

462 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

463 STATE OF NEW JERSEY v. ANTHONY SIERVO -- rank: 436

... to two motor vehicle violations — driving while intoxicated (DWI), N.J.S.A. 39:4-50(a), and refusing to submit to a breath test (Refusal), N.J.S.A. 39:4-50.2(a) — defendant sought to withdraw his pleas. He ... a motor vehicle while under the influence of intoxicating liquor.' N.J.S.A. 39:4-50(a). The phrase 'under the influence of intoxicating liquor' is ...

docket:	a0989-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-03
status:	unpublished
citation:
Document Size:	43993

464 STATE OF NEW JERSEY v. HENRY R. MAREK, JR. -- rank: 436

... his conviction of refusing to submit to a breathalyzer test, N.J.S.A. 39:4-50.4a. We affirm. I. On May 30, 2004, defendant was ... to a breathalyzer test constitutes a refusal in violation of N.J.S.A. 39:4-50.2. State v. Widmaier , 157 N.J. 475 (1999). Even ... refusal citation incorrectly identified the applicable breathalyzer refusal statute as N.J.S.A. 39:4-50.2, rather than as N.J.S.A. 39:4-50.4a. See State v. Cummings , 184 N.J. 84 , 90 ...

docket:	a3686-06
court:	njappellate
decided:	2008-01-31
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	35461

465 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