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466 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status:	unpublished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

467 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status:	unpublished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

468 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status:	Unpublished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

469 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status:	unpublished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

470 STATE OF NEW JERSEY v. MYLYN ROBINSON -- rank: 434

... following a trial de novo of Driving While Intoxicated (DWI), N.J.S.A. 39:4-50, and speeding, N.J.S.A. 39:4-98. For ... judge found defendant guilty of a "per se" violation of N.J.S.A. 39:4-50. Notwithstanding that decision, the judge also found defendant guilty based ... while under the influence of intoxicating liquor' in violation of N.J.S.A. 39:4-50, the driving while intoxicated statute." State v. Bealor , 187 N ...

docket:	a0723-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-03
status:	unpublished
citation:
Document Size:	25425

471 STATE OF NEW JERSEY v. KEIRA R. BARBER -- rank: 434

... conviction for refusal to submit to a chemical breath test, N.J.S.A. 39:4-50.2(a). It was also discovered defendant had a 2010 conviction for driving while intoxicated, N.J.S.A. 39:4-50. Defendant was indicted for fourth-degree operating a motor vehicle ... a second or subsequent violation of" driving while intoxicated (DWI), N.J.S.A. 39:4-50, or refusal to submit to a chemical breath test (refusal), N.J.S.A. 39:4-50.2(a). See N.J.S.A. 2C:40-26 ...

docket:	a1092-16
court:	NJ Superior Court Appellate Division
decided:	2017-09-21
status:	unpublished
citation:
Document Size:	20996

472 STATE OF NEW JERSEY v. MICHAEL CAHILL -- rank: 434

... defendant was arrested and charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50; consumption of alcohol while operating a motor vehicle, N.J ...

docket:	a0617-10
court:	NJ Superior Court Appellate Division
decided:	2011-06-28
status:	unpublished
citation:
Document Size:	16643

473 STATE OF NEW JERSEY v. DANIEL MERKIN -- rank: 434

... intoxicating liquor, narcotic, or habit-producing drug (DWI), pursuant to N.J.S.A. 39:4-50. We affirm. I. On Sunday, April 17, 2016, Officer Stephen ... Robertson, 228 N.J. 138, 151 n.2 (2017) (quoting N.J.S.A. 39:4-50.17(d)). A-5112-16T3 3 Burzachiello then asked defendant ... trial court erred by finding him guilty of DWI under N.J.S.A. 39:4-50. When reviewing a trial court's judgment affirming a municipal ... the Law Division found defendant guilty of DWI pursuant to N.J.S.A. 39:4-50. The statute prohibits the operation of a motor vehicle while ...

docket:	a5112-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-28
status:	Unpublished
citation:
Document Size:	22630

474 STATE OF NEW JERSEY v. JOHN J. LAWLESS, JR -- rank: 434

... J.S.A. 2C:11-4a, and driving while intoxicated, N.J.S.A. 39:4-50. The sentence was left to the discretion of the court ... while his license was suspended. A judge may consider prior N.J.S.A. 39:4-50 convictions "as part of defendant's overall personal history" as ... the risk of recidivism based on the defendant's prior N.J.S.A. 39:4-50 conviction). Thus, the sentencing judge appropriately applied aggravating factor three ...

docket:	a2064-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-07
status:	published
citation:	423 N.J. Super. 293 32 A.3d 562
Document Size:	40279

475 STATE OF NEW JERSEY v. JOSE A. BROMLEY -- rank: 434

... Law Division finding him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50. We affirm. We derive the following facts from the record ... judge stated: A finding of guilt for a violation of [ N.J.S.A. ] 39:4-50 can be based upon the trooper's observation and opinion ... a reasonable doubt that he was driving in violation of [ N.J.S.A. ] 39:4-50. Defendant argued that the trooper's observations should not have ...

docket:	a5073-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-31
status:	unpublished
citation:
Document Size:	22108

476 STATE OF NEW JERSEY v. TIMOTHY CHMIEL -- rank: 434

... We affirm. Defendant was charged with driving while intoxicated ("DWI"), N.J.S.A. 39:4-50(a), refusal to submit to a breath test, N.J.S.A. 39:4-50.4(a), 1 reckless driving, N.J.S.A. 39 ... Strickland prongs. Affirmed. 1 The summons was incorrectly cited as N.J.S.A. 39:4-50.2. 2 As noted in the State's brief, the ...

docket:	a5435-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-11
status:	unpublished
citation:
Document Size:	29761

477 STATE OF NEW JERSEY v. BARBARA SALKEWICZ -- rank: 434

... 2010 conviction on a charge of driving while intoxicated (DWI), N.J.S.A. 39:4-50. Defendant was sentenced as a second DWI offender, and the ... plea on the basis of a per se violation of N.J.S.A. 39:4-50, stemming from the Alcotest reading of .15%. Defendant's conditional ... flawed operation of her motor vehicle, established a violation of N.J.S.A. 39:4-50. To establish a violation of that statute, the State must ... doubt that defendant was "under the influence of intoxicating liquor[.]" N.J.S.A. 39:4-50. To prove a defendant's intoxication, the State is entitled ...

docket:	a0224-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-03
status:	unpublished
citation:
Document Size:	34817

478 /usr/local/share/www/libweb/collections/courts/appellate/a0855-20.opn.html -- rank: 434

... s conditional plea of guilty to driving while intoxicated (DWI), N.J.S.A. 39:4-50, remains in place and the resulting penalties are to be ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	17216

479 STATE OF NEW JERSEY v. DAWN M. MILKOSKY -- rank: 434

... a conditional plea of guilty to driving while intoxicated (DWI), N.J.S.A. 39:4-50, in the Kinnelon Municipal Court. See R. 7:5-2 ... altering drugs." 1 Defendant was charged with driving while intoxicated, N.J.S.A. 39:4-50, and other motor vehicle offenses. She filed a motion to ... a defendant may be convicted of driving while intoxicated under N.J.S.A. 39:4-50 when a chemical breath test "is administered within a reasonable ...

docket:	a3737-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-08
status:	unpublished
citation:
Document Size:	33384

480 STATE OF NEW JERSEY v. STEPHEN WHITE -- rank: 434

... 17T4 3 Defendant was arrested and issued summonses for DWI, N.J.S.A. 39:4- 50, and related motor vehicle offenses. 2 On February 11, 2016 ...

docket:	a4322-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-13
status:	Unpublished
citation:
Document Size:	37138