Search Rutgers Law Library N.J. Court Opinions

151 STATE OF NEW JERSEY v. RANDALL THULIN -- rank: 581

... the offense as "refusal to submit to blood" and cited N.J.S.A. 39:4-50.2. No separate summons was issued for refusal to submit ... test. The Law Division concluded defendant was guilty of violating N.J.S.A. 39:4-50.4a. The court relied on the State Trooper's testimony ... S.A. 39:4-88, failure to wear a seatbelt, N.J.S.A. 39:4-50.2. At trial, much of Trooper Green's testimony on ... he judge was persuaded that a refusal conviction, pursuant to N.J.S.A. 39:4-50.4a, was sustainable based upon Trooper Green's trial testimony ... describing offense as "Driving Under Influence" with a reference to N.J.S.A. 39:4-50 found to sufficiently inform the defendant of the offense charged ... the offense as "refused to submit to blood" and cited N.J.S.A. 39:4-50.2 as the statute violated. That statute, known as " ...

docket:	a1691-07
court:	NJ Superior Court Appellate Division
decided:	2008-11-06
status:	unpublished
citation:
Document Size:	33297

152 NEW JERSEY MOTOR VEHICLE COMMISSION v. LARISSA A. GETHARD -- rank: 581

... ninety-day suspension was the minimum length authorized by statute. N.J.S.A. 39:4-50(a). Various customary monetary charges were also imposed, which are ... the influence of intoxicating liquor or a narcotic drug, specifically, N.J.S.A. 39:4-50 ("DWI"). We rejected that same legal contention in Div. of ... prior offenses for purposes of the repeat-offender provision in N.J.S.A. 39:4-50, in State v. Zeikel , 423 N.J. Super. 34 , 44 ... clear and convincing proof" from the licensee, as required by N.J.S.A. 39:4-50(a)(3), that the New York DWAI offenses were based ... 39:4-96, and not as a DWI conviction under N.J.S.A. 39:4-50. We disagree, substantially for the reasons that have been expressed ... in Zeikel . 4 It is unclear whether the terms of N.J.S.A. 39:4-50(a)(3) affording licensees the possibility of showing that ...

docket:	a4657-10
court:	NJ Superior Court Appellate Division
decided:	2012-02-10
status:	unpublished
citation:
Document Size:	16396

153 New Jersey Division of Child Protection and Permanency v. Y.N. -- rank: 581

... doctor. Tamburro , supra , is also inapposite because, there, we construed N.J.S.A. 39:4-50, the driving under the influence statute. 68 N.J. at ... that case, we simply determined that, based on its language, N.J.S.A. 39:4-50 is a strict liability statute. Id. at 421. We came ... influence of either drugs or alcohol is a violation of N.J.S.A. 39:4-50. Ibid. Last, the Appellate Division’s reliance on A.L ...

docket:	A-24-13
court:	NJ Supreme Court
decided:	2014-12-22
status:
citation:	220 N.J. 165 104 A.3d 244
Document Size:	97016

154 STATE OF NEW JERSEY v. SALVATORE PAPPALARDO -- rank: 576

... Division for refusal to submit to a chemical breath test, N.J.S.A. 39:4-50.2. Defendant contends that his conviction should be reversed because ... be read before the administration of a chemical breath test. N.J.S.A. 39:4-50.2 (e). This standard statement did not include the potential ... device if defendant refuses to provide breath samples. 1 See N.J.S.A. 39:4-50.4a(a). Thus, defendant contends he was denied due process ... officer issued defendant a summons for driving while intoxicated (DWI), N.J.S.A. 39:4-50, and a summons for refusal to submit to a chemical breath test (refusal), N.J.S.A. 39:4-50.2. On March 14, 2012, defendant pled guilty to the ... GUILTY UNDER SUMMONS NUMBER CR 061107 ALLEGING A VIOLATION OF N.J.S.A. 39:4-50.2e WHERE THE STATE FAILED TO PROVE THAT THE ...

docket:	a5567-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-04
status:	unpublished
citation:
Document Size:	19260

155 STATE OF NEW JERSEY v. STEVEN MUSTARO -- rank: 576

... to vacate his plea of guilty to driving while intoxicated, N.J.S.A. 39:4-50. Relying upon the court's decision in State v. Parsons ... N.J.S.A. 39:4-89, following too closely; N.J.S.A. 39:4-50 pending the Court's determination of the reliability of the ... c). This was defendant's first conviction for violation of N.J.S.A. 39:4-50, and he was sentenced immediately following his plea. The judge ... more than "potential exculpatory" value relevant to a violation of N.J.S.A. 39:4-50. The State was required to show that defendant was driving ...

docket:	a2582-08
court:	superior court appellate division
decided:	2009-12-14
status:	published
citation:	411 N.J. Super. 91 984 A.2d 450
Document Size:	72832

156 STATE OF NEW JERSEY v. ARTHUR RYAN KUREK -- rank: 576

... for refusal to submit to an Alcotest in violation of N.J.S.A. 39:4-50.2 and reckless driving in violation of N.J.S ... 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 ... do so. Defendant was then charged with driving while intoxicated, N.J.S.A. 39:4-50 (DWI), refusing to submit to a breath test, N.J.S.A. 39:4-50.2 (refusal), and reckless driving, N.J.S.A. 39 ... One such consequence is the ignition interlock requirement codified in N.J.S.A. 39:4-50.17. The Supreme Court, in State v. O'Driscoll , 215 ...

docket:	a5839-13
court:	NJ Superior Court Appellate Division
decided:	2016-06-01
status:	unpublished
citation:
Document Size:	40192

157 STATE OF NEW JERSEY v. JOSEPH ARCE -- rank: 574

... Municipal Court, finding him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50; careless driving, N.J.S.A. 39:4-97; DWI within 1000 feet of a school, N.J.S.A. 39:4-50(g); and failure to produce an insurance card, N.J ... municipal court found defendant guilty of DWI in violation of N.J.S.A. 39:4-50, careless driving, N.J.S.A. 39:4-97, DWI within 1000 feet of a school zone, N.J.S.A. 39:4-50(g), and failure to produce an insurance card, N.J ... issued after 2007. The court noted that driving while intoxicated, N.J.S.A. 39:4-50, is a strict liability offense and therefore rejected defendant's ... of the motor vehicle provisions, including "driving while intoxicated under N.J.S.A. 39:4-50." Hammond , supra , 118 N.J. at 318. In Hammond , ...

docket:	a2791-14
court:	NJ Superior Court Appellate Division
decided:	2016-07-01
status:	unpublished
citation:
Document Size:	36822

158 STATE OF NEW JERSEY v. ELIJARH HOGGES -- rank: 574

... expressly stated that defendant was under arrest or referred to N.J.S.A. 39:4-50, the driving while intoxicated (DWI) statute. For example, Bordamonte said ...

docket:	a1666-19
court:	NJ Superior Court Appellate Division
decided:	2022-12-02
status:	Unpublished
citation:
Document Size:	44698

159 STATE OF NEW JERSEY VS. JONATHAN CRUZ -- rank: 574

... S.A. 39:3- 40; (4) driving while intoxicated (DWI), N.J.S.A. 39:4-50; (5) refusal to submit a breath sample for testing, N.J.S.A. 39:4-50.2; (6) reckless driving, N.J.S.A. 39:4 ... 3-40; and (9) driving without an ignition interlock device, N.J.S.A. 39:4-50.19. Defendant had been twice before convicted of DWI and ... arrest: '1. You have been arrested for driving while intoxicated. N.J.S.A. 39:4-50.' So, by admitting he was read the standard statement, Cruz ... J. Attorney General's Standard Statement for Motor Vehicle Operators (N.J.S.A. 39:4-50.2) (effective July 1, 2012). Available at https://www.nj ... 327 (2001)).2 As the Supreme Court explained when examining N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50. ...

docket:	a3325-21
court:	appellate
decided:	2024-03-25
status:	Unpublished
citation:
Document Size:	30025

160 STATE OF NEW JERSEY v. SHERRI CAIRNS -- rank: 574

... her conviction for refusal to submit to a breath test, N.J.S.A. 39:4-50.4a, following her arrest for driving while intoxicated (DWI), N.J.S.A. 39:4-50. On appeal, defendant argues she was not informed of the ... S.A. 39:4-98, and driving while intoxicated (DWI), N.J.S.A. 39:4-50. 2 Defendant testified that in 1978, she was in a ... POLICE OFFICER. POINT IV IN A PROSECUTION ALLEGING VIOLATION OF N.J.S.A. 39:4-50.4A, THE POLICE MUST VIDEO RECORD ALL PROCEEDINGS FROM THE ... all of defendant's points. Under the implied consent statute, N.J.S.A. 39:4-50.2(a), each motorist using the public roads in the ... requested to do so will be charged with refusal under N.J.S.A. 39:4-50.4a, triggering a mandatory suspension of the motorist's ...

docket:	a3675-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-20
status:	unpublished
citation:
Document Size:	36789

161 MELANIE WALCOTT v. ALLSTATE NEW JERSEY INSURANCE COMPANY -- rank: 569

... therein. The motion judge answered in the affirmative, finding that N.J.S.A. 39:4-50, based on Breathalyzer readings slightly in excess of the then ... of PIP benefits, Allstate also invoked the statutory bar of N.J.S.A. 39:4-50 in connection with a motor vehicle accident "shall have no ... 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:	a5569-03
court:	njappellate
decided:	2005-04-13
status:	published
citation:	376 N.J. Super. 384
Document Size:	26511

162 STATE OF NEW JERSEY v. FREDERIC D. SMITH -- rank: 569

... was charged with driving under the influence of intoxicating liquor, N.J.S.A. 39:4-50; driving under the influence of intoxicating liquor in a school zone, N.J.S.A. 39:4-50(g); reckless driving, N.J.S.A. 39:4-96 ... refusing to submit to a breath test, as required by N.J.S.A. 39:4-50.2(e). Officer Mayo also read to defendant a standard ... Defendant maintains that the Law Division erred by relying upon N.J.S.A. 39:4-50(a)(3) as a basis for finding that Officer Mayor ... in a motor vehicle accident. The judge noted that under N.J.S.A. 39:4-50(a)(3), the fact that an operator of a motor ... defendant had been operating a motor vehicle in violation of N.J.S.A. 39:4-50. The Law Division judge noted that defendant smelled of ...

docket:	a4016-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-22
status:	unpublished
citation:
Document Size:	29591

163 STATE OF NEW JERSEY v. GREGORY S. FLETCHER -- rank: 569

... was convicted of driving while intoxicated (DWI), in violation of N.J.S.A. 39:4-50. On June 6, 2013, defendant was again convicted of DWI ... DWI OFFENSE WAS TREATED AS A FIRST OFFENSE PURSUANT TO N.J.S.A. 39:4-50(a)(3). Having considered this argument in light of the ... of license suspension . . . for a second or subsequent violation of" N.J.S.A. 39:4-50. Defendant argues because he was sentenced on his second DWI ... his first DWI offense under the step-down provision of N.J.S.A. 39:4-50(a)(3), he had not committed "a second or subsequent ... Here, we consider two statutes, neither of which is ambiguous. N.J.S.A. 39:4-50(a) provides: A person who has been convicted of a ... suspended or revoked for a second or subsequent violation of [ N.J.S.A. 39:4-50.4(a)]. A person convicted of an offense under ...

docket:	a5494-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-16
status:	unpublished
citation:
Document Size:	20415

164 A-0STATE OF NEW JERSEY v. ROBERTO DIAZ July 24, 2015 -- rank: 569

... second conviction for driving while intoxicated (DWI) as defined in N.J.S.A. 39:4-50. The court sentenced defendant to serve 180 days without parole ... as part of a sentence imposed by a court under N.J.S.A. 39:4-50. Stated differently, defendant argued that at the time he was ... imposed by the court for his second DWI conviction under N.J.S.A. 39:4-50. Relying in part on our decision in State v. Zalta ... 4 points higher than the presumptive level of intoxication under N.J.S.A. 39:4-50(a). Defendant was charged with DWI, reckless driving, N.J ... license was suspended or revoked having been previously convicted of [ N.J.S.A. ] 39:4-50, which is [DWI], or [ N.J.S.A. ] 39:4-50(a), which is refusal. Which then the statute goes ...

docket:	a3515-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-25
status:	unpublished
citation:
Document Size:	28604

165 STATE OF NEW JERSEY v. JONATHAN M. CAMPBELL -- rank: 567

... CURIAM Following his conditional guilty plea to driving while intoxicated, N.J.S.A. 39:4-50, and failure to report an accident, N.J.S.A ... – in excess of the legal limit of .08 percent, N.J.S.A. 39:4- 50(a) – crashed into a median injuring a passenger in ... order governing the prosecution of all matters arising pursuant to N.J.S.A. 39:4-50. State v. Chun, 194 N.J. 54, 153 (2008). Those ...

docket:	a2292-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-08
status:	Unpublished
citation:
Document Size:	32564