Search Rutgers Law Library N.J. Court Opinions

16 STATE OF NEW JERSEY v. FRANCIS STINE -- rank: 815

... plea of guilty to driving while intoxicated (DWI), contrary to N.J.S.A. 39:4-50, and DWI with a minor in the vehi­cle, contrary to N.J.S.A. 39:4-50.15(b). Defendant was sen­tenced in the municipal court as a second offender under N.J.S.A. 39:4-50 and received a loss of driving privileges for two years ... the Intoxi­cated Driver's Resource Center (IDRC). On the N.J.S.A. 39:4-50.15(b) offense, he was sentenced to a consecutive six ... a drunk driver to operate a motor vehicle, contrary to N.J.S.A. 39:4-50. He was convicted after a bench trial on March 3 ... with operating a motor vehicle while intoxicated, also contrary to N.J.S.A. 39:4-50. He pled guilty on February 28, 1985, and was ...

docket:	a4637-08
court:	NJ Superior Court Appellate Division
decided:	2010-10-04
status:	unpublished
citation:
Document Size:	43389

17 /usr/local/share/www/libweb/collections/courts/appellate/a5496-18.opn.html -- rank: 808

... was convicted of refusal to submit to a breath test, N.J.S.A. 39:4-50.4a, and resisting arrest, N.J.S.A. 2C:29 ... VEHICLE WITHIN THE CONTEXT OF THE DRIVING WHILE INTOXICATED STATUTE, N.J.S.A. 39:4-50.] POINT III THE DEFENDANT['S] . . . CONVICTION FOR REFUSAL TO SUBMIT ... Defendant was charged under municipal summonses for driving while intoxicated, N.J.S.A. 39:4-50; possession of open container of alcohol, N.J.S.A ... a chemical breath A-5496-18T4 6 test pursuant to N.J.S.A 39:4-50.4a, defendant was improperly charged under N.J.S.A. 39:4-50.2.3 Defendant entered a conditional guilty plea to refusal to submit to a chemical test, N.J.S.A. 39:4-50.4a, after the municipal court judge amended the original ...

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18 STATE OF NEW JERSEY v. PARAMJIT SINGH -- rank: 801

... Division of refusal to submit to a chemical breath test, N.J.S.A. 39:4-50.4a. We affirm. I. At about 2:45 a.m ... 2 breath, placed defendant under arrest for driving while intoxicated, N.J.S.A. 39:4-50. Defendant agreed to take a breathalyzer test. Lopez gave defendant ... breath test. Although the refusal offense is set forth in N.J.S.A. 39:4-50.4a, the summons given to defendant listed only N.J.S.A. 39:4-50.2, a related statute that provides that all drivers consent ... vehicle while under the influence of alcohol in violation of N.J.S.A. 39:4-50.1 Following a trial, a Municipal Court judge found defendant guilty of violating N.J.S.A. 39:4-50.4a. After hearing testimony from the officers on scene, ...

docket:	a0876-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-01
status:	Unpublished
citation:
Document Size:	25539

19 STATE OF NEW JERSEY v. GREGORY CLAPPER -- rank: 797

... 2011 to refusal to submit to a chemical test (refusal), N.J.S.A. 39:4-50.4a, and reckless driving, N.J.S.A. 39:4 ... Defendant had three prior convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50. The municipal court judge sentenced defendant, as a "third or ... a subsequent refusal conviction. A. Post- Ciancaglini , any ambiguities in N.J.S.A. 39:4-50.4 are resolved and the plain language of the statute ... re Bergwall analyzes a statute substantially different from today's N.J.S.A. 39:4-50 and thus is no longer controlling. B. Tekel and Fielding ... precedential value. a) The statute reviewed by the Bergwall panel, [ N.J.S.A. ] 39:4- 50.4 was repealed in 1982. b) Disomma , Wilhalme and Tekel ... Ciancaglini , the defendant had previously been convicted of refusal under N.J.S.A. 39:4-50.4a. Id. at 600. He was subsequently convicted of ...

docket:	a2338-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-19
status:	unpublished
citation:
Document Size:	24948

20 STATE OF NEW JERSEY v. GEORGE KORPITA -- rank: 792

... in the Sparta Municipal Court of driving while intoxicated (DWI), N.J.S.A. 39:4-50, refusal to submit to a chemical test (refusal), N.J.S.A. 39:4-50.4a, and failure to keep right. N.J.S.A ... contentions: POINT I A First Conviction For a Violation of N.J.S.A. 39:4-50.[4a] Should Be Sentenced as a First Conviction No Matter How Many Violations the Defendant Has in Connection with N.J.S.A. 39:4-50. POINT II The Seven Month Sentence to Be Imposed Should ... Concurrent with the Two Year Suspension for a Violation of N.J.S.A. 39:4-50. Defendant's arguments concerning the legality of his sentence are ... Ciancaglini , the defendant had previously been convicted of refusal under N.J.S.A. 39:4-50.4a. Id. at 600. He was subsequently convicted of ...

docket:	a0417-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-16
status:	unpublished
citation:
Document Size:	20803

21 State v. Jane H. Chun, et al. -- rank: 777

... laws. Defendants are twenty individuals charged with driving while intoxicated, N.J.S.A. 39:4-50, in Middlesex County, who challenged the admissibility of Alcotest results ... Middlesex County and were charged with driving while intoxicated, see N.J.S.A. 39:4-50. Each of these defendants challenged the admissibility of results from ... 2006 Order therefore directed that all drunk driving prosecutions, see N.J.S.A. 39:4-50, that did not involve an Alcotest, and all cases of ... more by weight of alcohol in [his or her] blood." N.J.S.A. 39:4-50(a). For first offenders who have a BAC that is ... percent or greater, harsher penalties and higher fines apply. See N.J.S.A. 39:4-50(a)(1). Subsequent offenses, as measured by the 0.08 ... longer periods of license suspension, but incarceration as well. See N.J.S.A. 39:4-50(a)(2), -50(a)(3). As we have previously ...

docket:	a-96-06
court:
decided:	2008-03-17
status:
citation:	194 N.J. 54
Document Size:	336511

22 STATE OF NEW JERSEY v. NOEL CARRERO -- rank: 761

... his guilty plea to driving while intoxicated (DWI), contrary to N.J.S.A. 39:4-50. The State argues that the trial court erred by retroactively applying an amendment to the sentencing provisions of N.J.S.A. 39:4-50(a)(1)(i), enacted prior to – but which took ... which was consistent with the pre-amendment sentencing provisions of N.J.S.A. 39:4-50(a)(1)(i). I. On October 26, 2019, defendant operated ... years had passed between his first and second offenses. See N.J.S.A. 39:4-50(a)(3). Defendant moved before the municipal court to be sentenced in accordance with an amendment to N.J.S.A. 39:4-50(a)(1)(i) enacted in August 2019. Prior to the ... Governor enacted L. 2019, c. 248, § 2, which amended N.J.S.A. 39:4-50(a)(1)(i) to provide that a person convicted ...

docket:	a1445-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-10
status:	Unpublished
citation:
Document Size:	18798

23 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 JERSEY STATE OF NEW JERSEY -- rank: 758

... dismissed the charge because on the ticket, the officer cited N.J.S.A. 39:4-50.2, the implied consent provision of the refusal statute, not N.J.S.A. 39:4-50.4a, the penalty section of the statute. The court refused ... field sobriety tests, arrested defendant for driving while intoxicated (DWI), N.J.S.A. 39:4-50, and transported him to the police station. At headquarters, the ... should have cited the penalty section of the refusal statute, N.J.S.A. 39:4-50.4a, rather than the implied consent section, N.J.S.A. 39:4-50.2. It argued, however, that the judge should have amended ... State charged him with refusal to give a breath sample, N.J.S.A. 39:4-50.4a, which supported the State's position that defendant ...

docket:	a1811-16
court:	NJ Superior Court Appellate Division
decided:	2017-04-25
status:	unpublished
citation:
Document Size:	20222

24 STATE OF NEW JERSEY v. JAMES L. ROGERS, JR -- rank: 756

... of refusing to submit to a chemical breath test (refusal), N.J.S.A. 39:4-50.4a, and displaying fictitious plates, N.J.S.A. 39 ... for ten motor vehicle violations, which included charges for refusal, N.J.S.A. 39:4-50.4a, driving with fictitious plates, N.J.S.A. 39:3- 33, and driving while intoxicated (DWI), N.J.S.A. 39:4-50. In addition, he was charged with third-degree resisting arrest ... breathalyzer test, warranting a reversal of his conviction for refusal. N.J.S.A. 39:4-50.4a provides in pertinent part: a. [T]he municipal court ... any operator who, after being arrested for a violation of [ N.J.S.A.] 39:4-50 . . . , shall refuse to submit to a test provided for in . . . ([ N.J.S.A.] 39:4-50.2) when requested to do so, for not less ...

docket:	a2820-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-03
status:	Unpublished
citation:
Document Size:	45058

25 STATE OF NEW JERSEY v. DANIELLE JAMARINO -- rank: 743

... with refusal was fatally defective because it mistakenly cited to N.J.S.A. 39:4-50.2 rather than to the correct citation of N.J.S.A. 39:4-50.4; second, that the Point Pleasant Beach Police Department lacked ... J. ATTORNEY GENERAL'S STANDARD STATEMENT FOR MOTOR VEHICLE OPERATORS ( N.J.S.A. 39:4-50.2(e) (revised & effective July 1, 2012)).' Paragraph No. 9 ... COMPLAINT PPC-086217 CHARGING DEFENDANT WITH 'REFUSAL' IN VIOLATION OF N.J.S.A. 39:4-50.2, BECAUSE REFERENCE TO THIS 'IMPLIED CONSENT' STATUTE CONSTITUTES A ... with refusal was fatally defective because it mistakenly cited to N.J.S.A. 39:4-50.2 rather than to N.J.S.A. 39:4-50.4. The State acknowledges the summons cites to the ...

docket:	a5612-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-31
status:	Unpublished
citation:
Document Size:	38197

26 STATE OF NEW JERSEY v. DEJE M. COVIELLO -- rank: 729

... pled guilty to her second driving while intoxicated (DWI) offense, N.J.S.A. 39:4-50. Among the mandatory fines and penalties associated with the offense ... year license suspension followed by the installation of an IID. N.J.S.A. 39:4-50(a)(2). At the plea hearing, defendant acknowledged through counsel ... the judge imposed a two-year IID period pursuant to N.J.S.A. 39:4-50.17(b). In 2019, defendant moved for credit against the ... of the IID in a non-existent vehicle required by N.J.S.A. 39:4-50.17(b) rendered the statute ambiguous and led to an ... Center] requirements, surcharges, and court install[ation] orders.' He found N.J.S.A. 39:4-50(a)(2) requires 'defendant [to] make an application to the ... MVC because it is a court-imposed penalty. We disagree. N.J.S.A. 39:4-50(a)(2) governs the penalties imposed for a second ...

docket:	a2115-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-28
status:	Unpublished
citation:
Document Size:	18095

27 STATE OF NEW JERSEY v. JOSEPH ECKERT -- rank: 729

... a conviction for refusal to submit to a breath test, N.J.S.A. 39:4-50.4a, and 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, in the Mantua Township Municipal Court. Pursuant to an ... while intoxicated that arises out of the same incident. See N.J.S.A. 39:4-50.4a. As the Court observed in In re Kallen , 92 ... the DWI statutes, the Legislature passed the 'Implied Consent Law,' N.J.S.A. 39:4-50.2, which provides that any person who is arrested for ... except for the jail sentences authorized by the DWI statute[], N.J.S.A. 39:4-50, the sanctions for violating the refusal statute are substantially ...

docket:	a0216-08
court:	NJ Superior Court Appellate Division
decided:	2009-11-16
status:	published
citation:	410 N.J. Super. 389 982 A.2d 469
Document Size:	55862

28 State v. Philip Reiner -- rank: 718

... before the Court is whether the heightened penalties contained in N.J.S.A. 39:4-50 are separate offenses; therefore, in order to be sentenced as ... stopped within 1,000 feet of school property contrary to N.J.S.A. 39:4-50.4 (collectively, the "school zone charges"). The municipal court rejected ... a second-time offender under subsection (g). The dissent found N.J.S.A. 39:4-50 to be vague in respect of whether two convictions under ... 18 (1987). Thus, we turn first to the operative text. N.J.S.A. 39:4-50 is entitled "Driving while intoxicated." Two subsections concern us. Subsection ... suspension of driving privileges] for a period of two years. [ N.J.S.A. 39:4-50(a).] 4 Subsection (g), added in 1999, punishes DWI committed ... suspended for a period of not less than four years . . . . [ N.J.S.A. 39:4-50(g).] 5 The parties and opinions below differ in ...

docket:	a-45-03
court:
decided:	2004-07-07
status:
citation:
Document Size:	77391

29 STATE OF NEW JERSEY, v. LUKE GARBIN -- rank: 718

... driving while under the influence of alcohol, in violation of N.J.S.A. 39:4-50. Defendant moved to suppress the evidence against him on the ... he could not be found guilty of a violation of N.J.S.A. 39:4-50 for operating a vehicle while under the influence of alcohol ... caretaker doctrine." The judge also concluded that a violation of N.J.S.A. 39:4-50 can be predicated upon the operation of a motor vehicle ... court judge sentenced defendant, who had a prior conviction under N.J.S.A. 39:4-50, to a two-year suspension of his driver's license ... while under the influence of alcohol constituted a violation of N.J.S.A. 39:4-50. Accordingly, the judge affirmed defendant's conviction and reimposed the ... he could not be found guilty of a violation of N.J.S.A. 39:4-50, because the lower courts found that the evidence would ...

docket:	a3799-97
court:	njappellate
decided:	1999-11-18
status:	published
citation:	<a href=
Document Size:	30764

30 State v. William O'Driscoll -- rank: 718

... field tests. Consistent with the implied consent and refusal laws, N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4a, the officer read defendant a standard statement designed to ... a refusal to submit to breath testing. 8. According to N.J.S.A. 39:4-50.4a, if a court of law finds you guilty of ... as if you had been convicted of a violation of N.J.S.A. 39:4-50, or you will be subject to penalties for your failure ... summonses with five motor vehicle offenses: driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusal to submit to a breath test, N.J.S.A. 39:4-50.2; 3 reckless driving, N.J.S.A. 39: ...

docket:	A-7-12
court:	NJ Supreme Court
decided:	2013-09-18
status:
citation:	215 N.J. 461 73 A.3d 496
Document Size:	73911