Search Rutgers Law Library N.J. Court Opinions

136 KRISTA L. HALEY v. NEW JERSEY MOTOR VEHICLE COMMISSION - -- rank: 592

... third and fourth convictions for driving while intoxicated (DWI) under N.J.S.A. 39:4-50 as then enacted. Contending a driver's license was necessary ... No Rational Basis. 1. The Valid Public Policy Concerns Within N.J.S.A. 39:4-50 Are Not At Issue. 2. New Jersey is an Outlier ... ODL. Substantively, Haley contended the change in mandatory penalties under N.J.S.A. 39:4-50 following her convictions supported her request for an ODL with ... the issuance of ODLs. Notwithstanding the mandatory license suspension under N.J.S.A. 39:4-50(a)(3), Haley nonetheless contends the MVC is authorized to ... of Haley's sentencing on her third and fourth DWIs, N.J.S.A. 39:4-50(a)(3) (2014) mandated a term of imprisonment of 'not ... interlock device. Four years later in 2019, the Legislature amended N.J.S.A. 39:4-50. Relevant here, the mandatory forfeiture of a driver's ...

docket:	a3284-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-05
status:	Unpublished
citation:
Document Size:	21011

137 STATE OF NEW JERSEY v. SCOTT CAMPBELL -- rank: 592

... In this appeal of his drunk driving ("DWI") conviction under N.J.S.A. 39:4-50(a), defendant presents a novel constitutional argument. He challenges the ... treatment of a BAC at or above .08 percent under N.J.S.A. 39:4-50(a), combine to create an unfair and constitutionally invalid situation ... a level over the .08 percent limit set forth in N.J.S.A. 39:4-50(a). Defendant was arrested and charged with DWI, N.J.S.A. 39:4-50; 3 reckless driving, N.J.S.A. 39:4-96 ... offense beyond a reasonable doubt. II. The opening portion of N.J.S.A. 39:4-50(a) specifies four distinct alternative grounds for finding a motorist ... subject [to the various discrete penalties enumerated in the statute.] [ N.J.S.A. 39:4-50(a) (emphasis added).] The constitutional issues now before us ...

docket:	a5535-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-27
status:	published
citation:	436 N.J.Super. 264 93 A.3d 416
Document Size:	33538

138 Caviglia v. Royal Tours of America -- rank: 592

... pleads guilty to, operating a motor vehicle in violation of [ N.J.S.A. 39:4-50, -50.4a], or a similar statute from any other jurisdiction ...

docket:	a-72-02
court:	njsupreme
decided:	2004-02-19
status:
citation:	178 N.J. 460
Document Size:	73987

139 STATE OF NEW JERSEY v. BELAL RAHIM -- rank: 590

... defendant Belal Rahim was convicted of driving while intoxicated (DWI), N.J.S.A. 39:4-50(a), and the court imposed the penalties for a second DWI conviction under N.J.S.A. 39:4- 50(a)(2).1 The incident occurred on February 10, 2019 ... he should have been sentenced under the amended version of N.J.S.A. 39:4-50(a)(2), which became effective December 1, 2019, because he ... suspected defendant was intoxicated. He was arrested and charged with N.J.S.A. 39:4-50 (DWI); refusal to submit to a breath test, N.J.S.A. 39:4- 50.4a; making an unsafe lane change, N.J.S.A ... in making that determination. ' In addressing the amended version of N.J.S.A. 39:4-50(a)(2), the judge found: The old statute which ...

docket:	a4379-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-10
status:	Unpublished
citation:
Document Size:	17267

140 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 STATE OF NEW JERSEY v. AMY BLOODWORTH -- rank: 590

... following a trial de novo, for driving while intoxicated (DWI), N.J.S.A. 39:4- 50, and for refusal to submit a breath test, N.J.S.A. 39:4-50.4a. Having considered defendant's argument in light of the ... processed without further incident and charged with driving while intoxicated, N.J.S.A. 39:4-50; refusal to submit a breath test, N.J.S.A. 39:4-50.4a; possession of an open alcoholic beverage in a motor ... 543 (App. Div. 1995)). The term 'operates' as used in N.J.S.A. 39:4-50(a) has been broadly interpreted. State v. Tischio, 107 N ... under the influence of intoxicating liquor, within the meaning of N.J.S.A. 39:4-50 . . . when, in that condition, he enters a stationary vehicle, ...

docket:	a2570-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-03
status:	unpublished
citation:
Document Size:	44692

141 STATE OF NEW JERSEY v. NICOLE ALLAN -- rank: 590

... Defendant was charged in Sea Bright with driving while intoxicated, N.J.S.A. 39:4-50 (DWI); refusal to submit a breath sample, N.J.S.A. 39:4-50.2 (refusal); and reckless driving, N.J.S.A. 39 ... Vehicle Commission Standard Statement for Operators of a Motor Vehicle, N.J.S.A. 39:4-50.2(e) (Standard Statement). Fisler testified that prior to reading ... following argument for our consideration: THE ALLEGATION THAT DEFENDANT VIOLATED N.J.S.A. 39:4-50.2 CANNOT BE SUBSTANTIATED BY THE EVIDENCE PRESENTED BELOW, THEREBY ... 366 , 378 (1995). 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 ...

docket:	a5507-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-12
status:	unpublished
citation:
Document Size:	21988

142 STATE OF NEW JERSEY v. DONALD P. MIMNAUGH -- rank: 590

... to suppress and finding him guilty of driving while intoxicated, N.J.S.A. 39:4-50, and guilty of refusing to submit to chemical tests, N.J.S.A. 39:4-50.4a, per a negotiated plea agreement. We affirm largely for ... sample. Defendant was issued four summonses: driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusal to submit to chemical tests, N.J.S.A. 39:4-50.4a; refusal to consent to take samples of breath samples, N.J.S.A. 39:4-50.2; and A-0611-19 3 unlawful parking in a ... suppress. Defendant entered a conditional guilty plea to violations of N.J.S.A. 39:4-50 and N.J.S.A. 39:4-50.4a, ...

docket:	a0611-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-08
status:	Unpublished
citation:
Document Size:	25971

143 STATE OF NEW JERSEY v. RICHARD CAMPBELL January 13, 2014 -- rank: 585

... refusal to submit to a breath test in violation of N.J.S.A. 39:4-50.2, and was sentenced as a "second offender," N.J.S.A. 39:4-50.4a, by the municipal judge to a $756 fine, $33 ... prior conviction was in 2008 for driving while intoxicated (DWI), N.J.S.A. 39:4-50. Defendant appealed his sentence to the Law Division renewing his ... UNDER THE INFLUENCE OF ALCOHOL OR DRUGS IN VIOLATION OF N.J.S.A. 39:4-50 ENHANCE A SUBSEQUENT CONVICTION FOR A VIOLATION OF N.J.S.A. 39:4-50.2 REFUSAL TO SUBMIT TO A BREATH TEST, EVEN THOUGH ... Ciancaglini considered whether a defendant previously convicted of refusal under N.J.S.A. 39:4-50.4a, should be sentenced as a first or second ...

docket:	a3153-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-14
status:	unpublished
citation:
Document Size:	10016

144 STATE OF NEW JERSEY v. JANET MANISERA -- rank: 585

... Law Division found her guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, her third DWI conviction; refusal to submit to a breath test, N.J.S.A. 39:4-50.4a; and the petty disorderly persons offense of improper behavior ... Standard Statement for Operators of a Motor Vehicle [pursuant to] N.J.S.A. 39:4-50.2(e)," effective April 26, 2004, which advised her that ... influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug . . . ." N.J.S.A. 39:4-50. Although defendant denied driving the car when at the scene ... and (4) defendant thereafter refused to submit to the test. N.J.S.A . 39:4-50.2(e), 39:4-50.4a(a); [ State v. Wright ... Marquez , 202 N.J. 485 , 503 (2010) (emphasis added).] Specifically, N.J.S.A. 39:4-50.2(e) requires the police to "inform the person ...

docket:	a0491-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-19
status:	unpublished
citation:
Document Size:	39963

145 STATE OF NEW JERSEY v. BRUCE ZOPPY -- rank: 585

... the influence of a narcotic, hallucinogenic or habit-producing drug, N.J.S.A. 39:4-50(a). Defendant was sentenced to an eight-month loss of ... a reasonable doubt and, thereby, to sustain a conviction under N.J.S.A. 39:4-50." State v. Bealor , 187 N.J. 574 , 577 (2006). We ... BURDEN OF PROOF, BEYOND A REASONABLE DOUBT, THAT ZOPPY VIOLATED N.J.S.A. 39:4-50. A. The Trial Court Erred Where it Found That the ... a Determination of Concentration, Constituted a Per Se Violation Of N.J.S.A. 39:4-50. E. The Trial Court Erred by Accepting the "Testing" Advanced ... Scientific Weight and is Insufficient to Find a Violation of N.J.S.A. 39:4-50. F. The Trial Court Erred by Finding that the State ...

docket:	a4177-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-15
status:	unpublished
citation:
Document Size:	43306

146 STATE OF NEW JERSEY v. PHILIP BERTRAND -- rank: 585

... defendant was found guilty of refusal to provide breath samples, N.J.S.A. 39:4-50.2. He has appealed from that conviction. The State has ... with an attorney. He was then charged with violating both N.J.S.A. 39:4-50, driving while intoxicated, and N.J.S.A . 39:4-50.2, refusing to provide breath samples. At the conclusion of ... actual operation of a vehicle is not an element of N.J.S.A. 39:4-50, and the refusal statute, N.J.S.A. 39:4-50.2. The former speaks simply of operating a motor vehicle ... to believe" that the individual has been driving while intoxicated. N.J.S.A. 39:4-50, it is immaterial where an individual operates a motor ...

docket:	a2378-07
court:	NJ Superior Court Appellate Division
decided:	2009-08-03
status:	published
citation:	408 N.J. Super. 584 975 A.2d 967
Document Size:	40132

147 STATE OF NEW JERSEY v. STEVEN RIZZITELLO -- rank: 585

... to participate in the various alcohol addiction programs provided under N.J.S.A. 39:4-50(b) and (f). According to his MVC driver abstract, defendant ... or revocation was for a second or subsequent violation of N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4a. To establish culpability under N.J.S.A. 2C ... aspect of the statutory penalties imposed by the court under N.J.S.A. 39:4-50(b). Second, defendant’s alcohol addiction did not play any ... supra , 221 N.J. at 627. Reversed and remanded. 1 N.J.S.A. 39:4-50. 2 N.J.S.A. 39:4-50(a)(3). 3 A person convicted of DWI for ...

docket:	a0536-15
court:	NJ Superior Court Appellate Division
decided:	2016-09-20
status:	published
citation:	447 N.J.Super. 301 147 A.3d 480
Document Size:	41398

148 STATE OF NEW JERSEY v. LOUIS MCGRATH -- rank: 583

... conviction for refusing to submit to a chemical breath test, N.J.S.A. 39:4-50.2. Defendant argues the conviction should be reversed because the ... read the April 2004 version of the standard statement under N.J.S.A. 39:4-50.2(e), which omitted mention that, if convicted, the court ... be required to order installation of an ignition interlock device. N.J.S.A. 39:4-50.4a(a); -50.17(b). Having reviewed defendant's arguments ... for 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. Shouldis testified that shortly after 8:30 p.m ... privileges; and imposed minimum required monetary fines and penalties. See N.J.S.A. 39:4-50.4a (setting penalties for refusal to submit to breath ...

docket:	a2929-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-21
status:	unpublished
citation:
Document Size:	28862

149 State v. Julie L. Michaels -- rank: 583

... indicted on charges of second-degree vehicular homicide while intoxicated, N.J.S.A. 39:4-50, N.J.S.A. 2C:11-5 (count one); third-degree assault by auto while intoxicated, N.J.S.A. 39:4-50, N.J.S.A. 2C:12-1(c)(2) (count ...

docket:	A-69-12
court:	NJ Supreme Court
decided:	2014-08-06
status:
citation:	219 N.J. 1 95 A.3d 648
Document Size:	221417

150 STATE OF NEW JERSEY v. JAKE PASCUCCI -- rank: 581

... 0.088%, above the presumptive level of intoxication pursuant to N.J.S.A. 39:4-50(a). Ibid. Defendant entered a negotiated plea agreement. Id. at ... 08 or in excess,' which made him legally intoxicated under N.J.S.A. 39:4-50(a).' Ibid. The record contained the interview of an eyewitness ... THE LEGISLATURE HAS NOT, BY USING DEFENDANT'S VIOLATION OF N.J.S.A. 39:4-50 – AN ELEMENT OF THE OFFENSE – AS THE SOLE ... a jail term 'simply because he was in violation of N.J.S.A. 39:4-50, and because someone died, both of which are elements of ... improperly considered the elements of the offense in the sentencing. N.J.S.A. 39:4-50 prohibits an individual with a BAC of 0.08% or ... caused by driving a vehicle while intoxicated in violation of [N.J.S.A.] 39:4-50 . . . . b. Strict Liability vehicular homicide is a crime of ...

docket:	a0664-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-20
status:	Unpublished
citation:
Document Size:	29623