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556 STATE OF NEW JERSEY v. DAVID RIVERA -- rank: 412

... defendant, David Rivera, was arrested for driving while intoxicated (DWI), N.J.S.A. 39:4-50. Defendant had submitted to a breath test, which was administered ... BAC) readings admissible to support a per se violation of N.J.S.A. 39:4-50. State v. Chun , 194 N.J. 54 , cert. denied , __ U ... and thus preclude justifiable prosecutions for per se violations of N.J.S.A. 39:4-50. We also reject defendant's argument maintaining the rule of ...

docket:	a1724-08
court:	superior court appellate division
decided:	2010-01-28
status:	published
citation:	411 N.J.Super. 492 987 A.2d 618
Document Size:	41167

557 STATE OF NEW JERSEY, V. ENOC PIMENTEL -- rank: 412

... sentence reserved for a third or subsequent DWI offense under N.J.S.A. 39:4-50. He asserts these sentencing inconsistencies demonstrate the disproportionality of N ...

docket:	a2814-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-22
status:	Published
citation:
Document Size:	56489

558 STATE OF NEW JERSEY v. BRYAN HAKIM -- rank: 412

... Defendant Bryan Hakim was charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50, failure to report an accident, N.J.S.A. 39 ... CAUSE TO ARREST MR. HAKIM FOR A SUSPECTED VIOLATION OF N.J.S.A. 39:4-50. Following our review of these arguments, in light of the ... the driver was operating a motor vehicle in violation [of N.J.S.A. 39:4-50].'" State v. Moskal , 246 N.J. Super. 12 , 21 (App ...

docket:	a5078-08
court:	superior court appellate division
decided:	2010-11-16
status:	Unpublished
citation:
Document Size:	18222

559 STATE OF NEW JERSEY v. RICHARD HOWES -- rank: 412

... defendant Richard Howes was convicted of driving while intoxicated (DWI), N.J.S.A. 39:4-50. Appropriate fines and penalties were imposed. We affirm. We summarize ...

docket:	a4945-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-28
status:	unpublished
citation:
Document Size:	39170

560 STATE OF NEW JERSEY v. THOMAS SULKOWSKI -- rank: 412

... Sulkowski was convicted of refusing to provide a breath sample, N.J.S.A. 39:4-50.2, -50.4a. Judge Mark J. Fleming suspended defendant's ... these tests, Bakay arrested defendant for driving while intoxicated (DWI), N.J.S.A. 39:4-50, and transported him to headquarters. Defendant was advised of his ... THIS COURT MUST NOT EXPAND UPON LEGISLATIVE INTENT BY MISINTERPRETING N.J.S.[A.] 39:4-50.2 AS A STRICT LIABILITY CRIME. POINT V: THE POLICE ...

docket:	a1125-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-17
status:	unpublished
citation:
Document Size:	27864

561 STATE OF NEW JERSEY v. GARY W. SMITH -- rank: 412

... from his conviction and sentence for driving while intoxicated (DWI), N.J.S.A. 39:4-50. He raises the following arguments: 1. THE STATE FAILED TO PROVE THAT DEFENDANT WAS IN VIOLATION OF N.J.S.A. 39:4-50 BEYOND A REASONABLE DOUBT A. THE LAW DIVISION JUDGE ERRED ... two-year license suspension. We disagree. When defendant was sentenced, N.J.S.A. 39:4-50(a)(2) provided in pertinent part: "For a second violation ...

docket:	a5715-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-28
status:	unpublished
citation:
Document Size:	26912

562 STATE OF NEW JERSEY v. JEFFREY RUST -- rank: 412

... Law Division, finding him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50. We affirm. The facts are undisputed. In accordance with a ... Law Division judge, defendant argued the new sentencing provisions under N.J.S.A. 39:4-50 should be applied retroactively so he could be sentenced to ... acts violative of the statute. In contrast, an offender under N.J.S.A, 39:4-50.17 is a person who has been convicted of the ... to any offense occurring on or after [December 1, 2019].' N.J.S.A. 39:4-50. If the Legislature intended to apply the revised DWI statute ...

docket:	a0229-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-20
status:	Unpublished
citation:
Document Size:	11603

563 /usr/local/share/www/libweb/collections/courts/appellate/a0421-19.opn.html -- rank: 412

... Elena Wagner-Ball was convicted of driving while intoxicated (DWI), N.J.S.A. 39:4- 50, based upon observation and not the results of her Alcotest ... and applicable law, we affirm. A-0421-19 2 Under N.J.S.A. 39:4-50, '[a] person who operates a motor vehicle while under the ... 3-10.24, and refusal to submit to chemical test, N.J.S.A. 39:4-50.4a. The municipal court judge found her not guilty of ...

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Document Size:	20749

564 STATE OF NEW JERSEY v. ROBERTO AMADOR -- rank: 409

... the taking of breath samples . . . consistent with the provisions of N.J.S.A. 39:4-50.2(b)." The referenced statute simply states that a record ... defendant's conviction for DWI. There is no dispute that N.J.S.A. 39:4-50 (a) and (g) create two separate and distinct offenses. See ...

docket:	a4144-05
court:	njappellate
decided:	2008-02-21
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	67076

565 STATE OF NEW JERSEY v. JOSEPH CINQUE -- rank: 409

... of operating a motor vehicle while intoxicated in violation of N.J.S.A. 39:4-50. On appeal, defendant contends that the record lacks sufficient credible ... a vehicle under the influence of alcohol in violation of N.J.S.A. 39:4-50, and affirm its judgment. On November 26, 2006, between midnight ... the municipal court conviction of failure to maintain his lane, N.J.S.A. 39:4-50.2. Defendant claims McAllister made statements at his second municipal ...

docket:	a3459-08
court:	superior court appellate division
decided:	2009-12-10
status:	unpublished
citation:
Document Size:	42131

566 STATE OF NEW JERSEY v. ROBERT J. DULIN -- rank: 409

... 4-126, N.J.S.A. 39:3-29 and N.J.S.A. 39:4-50.4. The necessary fines, penalties and license revocation were imposed ... v. Cummings , 184 N.J. 84 (2005), requires a reversed N.J.S.A. 39:4-50.4 charge. The convictions and sentences on N.J.S ... 3-29 are affirmed. The conviction and sentence imposed on N.J.S.A. 39:4-50.4 are reversed. The matter is remanded to the municipal ...

docket:	a4703-04
court:	njappellate
decided:	2006-07-13
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	22066

567 STATE OF NEW JERSEY v. DIANE MONACO -- rank: 409

... of driving while under the influence of intoxicating liquor (DUI), N.J.S.A. 39:4-50, and refusing to submit to a chemical breath test, N.J.S.A. 39:4-50.2. Having considered defendant's arguments in light of the ...

docket:	a0473-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-17
status:	published
citation:	444 N.J.Super. 539 134 A.3d 997
Document Size:	45684

568 STATE OF NEW JERSEY v. DAVID E. KONECNIK -- rank: 409

... 2012 judgment finding him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50. Defendant challenges the finding of probable cause, claims the testimony ... was intoxicated. Indano arrested defendant and charged him with DWI, N.J.S.A. 39:4-50, and speeding, N.J.S.A. 39:4-98. Defendant ...

docket:	a5321-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-03
status:	unpublished
citation:
Document Size:	24142

569 STATE OF NEW JERSEY v. ROBERT S. SZAMBEL -- rank: 409

... defendant entered a conditional plea to driving while intoxicated (DWI), N.J.S.A. 39:4-50. An additional offense charging defendant with refusing to submit to a breathalyzer test, N.J.S.A. 39:4-50.4a, was dismissed. Defendant was sentenced to thirty days of ... E] SHOWING OF OPERATION - A NECESSARY ELEMENT OF PROOF IN [ N.J.S. A. ] 39:4-50. POINT II ANY STATEMENT REGARDING OPERATION SHOULD HAVE BEEN SUPPRESSED ... Although the summons references "refusal," the wrong statute is cited. N.J.S.A. 39:4-50.2, as set forth on the summons, refers to consent ...

docket:	a5240-08
court:	superior court appellate division
decided:	2010-06-23
status:	Unpublished
citation:
Document Size:	29416

570 State v. Dominick J. Locurto -- rank: 409

... defendant a summons for driving while intoxicated, in violation of N.J.S.A. 39:4-50, careless driving, in violation of N.J.S.A. 39 ... Division "properly determined guilt on the alternative bases provided by N.J.S.A. 39:4-50," ibid. , by examining the record that contained sufficient evidence to ...

docket:	a-158-97
court:	njsupreme
decided:	1999-03-02
status:
citation:	157 N.J. 463
Document Size:	39885