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31 STATE OF NEW JERSEY v. MARIANNE LAMURA -- rank: 711

... trial de novo for refusal to submit to breath analysis, N.J.S.A. 39:4-50.4a, and failure to keep right, N.J.S.A ... keep right charges, as well as driving while intoxicated (DWI), N.J.S.A. 39:4-50, and DWI in a school zone, N.J.S.A. 39:4-50(g). She subsequently filed a motion to suppress, claiming the ... the State had to prove beyond a reasonable doubt. 3 N.J.S.A. 39:4-50.2(a), (e); State v. Marquez , 202 N.J. 485 ... interlock device (IID) installed as a consequence of her refusal. N.J.S.A. 39:4-50.4a(a). As a result, even if the police had ... IID consequences of her refusing to take the Breathalyzer test. N.J.S.A. 39:4-50.4a(a). Following her arrest, Voelker read to defendant ...

docket:	a1020-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-13
status:	unpublished
citation:
Document Size:	39659

32 STATE OF NEW JERSEY v. JOHN B. CHAMBERS -- rank: 711

... presented by this appeal is whether the 2004 amendment to N.J.S.A. 39:4-50 and was convicted in municipal court before the amendment's ... laws, precludes such retroactive application of the 2004 amendment to N.J.S.A. 39:4-50(a)(1).     On January 11, 2003, defendant was charged in ... 19, 2004, the Law Division found defendant guilty of violating N.J.S.A. 39:4-50 and reimposed the same sentence imposed by the municipal court ... not find defendant guilty of a per se violation of N.J.S.A. 39:4-50 based on the results of blood alcohol tests because the ... he was convicted in municipal court on May 21, 2003, N.J.S.A. 39:4-50 that included a reduction in the length of the mandated ... alcohol level required for a finding of a violation of N.J.S.A. 39:4-50 based solely on blood alcohol tests from .10% to . ...

docket:	a6987-03
court:	njappellate
decided:	2005-05-13
status:	published
citation:	377 N.J. Super. 365
Document Size:	31783

33 STATE OF NEW JERSEY v. WAYNE TERPSTRA -- rank: 704

... hours of detainment at an Intoxicated Driver Resource Center (IDRC). N.J.S.A. 39:4-50(a)(1). Second-time offenders are subject to a fine ... eight consecutive hours nor more than ninety days in length. N.J.S.A. 39:4-50(a)(2). Penalties for third or subsequent violations include a ... in an approved drug or alcohol in-patient rehabilitation program. N.J.S.A. 39:4-50(a)(3). 1 If more than ten years elapse between convictions, N.J.S.A. 39:4-50(a) provides a "step-down" provision under which the earlier ... backdrop, on January 23, 2015, defendant was charged with DWI, N.J.S.A. 39:4-50, in the town of Boonton. At the time, defendant had ... four prior occasions. In 1980, defendant was charged with DWI, N.J.S.A. 39:4-50, in the Township of Parsippany-Troy Hills, pled guilty, ...

docket:	a4657-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-14
status:	unpublished
citation:
Document Size:	29917

34 STATE OF NEW JERSEY v. ROBERT TINLI -- rank: 702

... to submit to a breath test (refusal) in violation of N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4a. Defendant was sentenced as a third-time offender under N.J.S.A. 39:4-50.4a, and he was fined $1,006, assessed $33 in ... the failure to submit to a breath test required under N.J.S.A. 39:4-50.4a. In addition, defendant was issued summonses charging him with the following: driving under the influence in violation of N.J.S.A. 39:4-50. He concluded that the destruction of the videotapes of the ... police testimony[.]" However, the conviction for refusal in violation of N.J.S.A. 39:4-50.4a was remanded to the municipal court for a ...

docket:	a0484-07
court:	NJ Superior Court Appellate Division
decided:	2009-10-06
status:	unpublished
citation:
Document Size:	45472

35 State v. Michelle Lodzinski -- rank: 700

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Court. In the interest ...

docket:	a-50-19
court:	NJ Supreme Court
decided:	2021-05-26
status:
citation:
Document Size:	166357

36 STATE OF NEW JERSEY v. ANSHU PATHAK -- rank: 695

... Pathak was arrested and charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50; DWI in a school zone, N.J.S.A. 39:4-50(g); refusal to submit to a breath test, N.J.S.A. 39:4-50.2; driving while suspended, N.J.S.A. 39:3 ... with a license suspension imposed on a related DWI conviction. N.J.S.A. 39:4-50.4a(a). However, the court's discretion to run the ... second and subsequent DWI and refusal offenders are mandatory under N.J.S.A. 39:4-50 and 39:4-50.4a, respectively, the analysis of aggravating ... given the enhanced penalties applicable to a third offender under N.J.S.A. 39:4-50(g). In order to qualify as a third or ...

docket:	a2257-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	54776

37 Frederick W. Voss v. Kristoffe J. Tranquilino -- rank: 693

... his blood alcohol content (BAC) registered 0.196 percent. See N.J.S.A. 39:4-50(a) (stating that person driving vehicle with BAC of 0 ... pleads guilty to, operating a motor vehicle in violation of [ N.J.S.A. ] 39:4-50 . . . [or N.J.S.A. ] 39:4-50.4a[], or a similar statute from any other jurisdiction, in ... accident. Compare ibid. (limiting certain plaintiffs’ right to sue); with N.J.S.A. 39:4-50 (prohibiting driving while intoxicated); and N.J.S.A. 39:4-50.4a(a) (revoking license of person refusing to submit to ... STERN (t/a) X 5 2 1 See, e.g. , N.J.S.A. 39:4-50(a) (establishing penalties -- significantly increased by L. 2001, c. ...

docket:	A-110-09
court:	NJ Supreme Court
decided:	2011-06-01
status:
citation:	206 N.J. 93 19 A.3d 470
Document Size:	56184

38 STATE OF NEW JERSEY v. JEFFREY S. ZEIKEL -- rank: 693

... J.A.D. Defendant Jeffrey Zeikel appeals his sentence under N.J.S.A. 39:4-50 as a third-time offender for driving while intoxicated ("DWI ... the following arguments: POINT I RETROACTIVE APPLICATION OF AMENDMENT TO N.J.S.A. 39:4-50 GOVERNING OUT-OF-STATE CONVICTIONS IS NOT PERMITTED UNDER THE ... NEW JERSEY AND FEDERAL LAW. POINT II EVEN ASSUMING THAT N.J.S.A. 39:4-50 APPLIES RETROACTIVELY, THERE IS SUFFICIENT EVIDENCE IN THE RECORD TO ... 1983 NEW YORK DWAI CONVICTIONS ARE NOT SUBSTANTIALLY SIMILAR TO N.J.S.A. 39:4-50 AND AS SUCH SHOULD BE EXCLUDED FOR SENTENCE ENHANCEMENT PURPOSES ... less than 0.08%. [ L. 1997, c. 277, § 1 ( N.J.S.A. 39:4-50(a)(3).] Previously, the statute required that a conviction from ... 112 L. Ed.2d 413 (1990). The quoted amendment to N.J.S.A. 39:4-50(a)(3), concerning the effect of out-of-state ...

docket:	a1495-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-09
status:	published
citation:	423 N.J. Super. 34 30 A.3d 339
Document Size:	42222

39 State v. John Widmaier -- rank: 691

... to submit to the breathalyzer test within the meaning of N.J.S.A. 39:4-50.2. We also address whether the double jeopardy clause of ... Defendant was arrested for driving while intoxicated, in violation of N.J.S.A. 39:4-50, and was informed of his Miranda rights as he was ... the Director of the Division of Motor Vehicles pursuant to N.J.S.A. 39:4-50.2(e):         1.     You have been arrested for operating a ... issued a separate summons for this refusal.         7.    According to N.J.S.A. 39:4-50, or you will be subject to penalties for your failure ... refusal to submit to a breathalyzer test, in contravention of N.J.S.A. 39:4-50, N.J.S.A. 39:4-50.2, respectively.     At trial, the Municipal Court merged the ...

docket:	a-169-97
court:	njsupreme
decided:	1999-03-03
status:
citation:	157 N.J. 475
Document Size:	62149

40 KATHERINE HESELTON v. ROBERT MAFFEI -- rank: 691

... a vessel while intoxicated does not constitute an offense under N.J.S.A. 39:4-50, and thus he should not have been sentenced in 1998 as a third offender. The State concedes that N.J.S.A. 39:4-50 is ambiguous in this regard but asserts that a conviction ... still be used for purposes of a penalty enhancement under N.J.S.A. 39:4-50. It stresses that neither statute precludes a violation of the ... 2002) (citations omitted).]     Defendant points to the following portion of N.J.S.A. 39:4-50: "A person who has been convicted of a previous violation ... contends that defendant's interpretation conflicts with another portion of N.J.S.A. 39:4-50, which states "[a] conviction of a violation of a law ... conclusion in this regard is strengthened by succeeding paragraphs in N.J.S.A. 39:4-50, in which the Legislature did include reference to other ...

docket:	a1624-03
court:	njappellate
decided:	2005-01-11
status:	published
citation:	374 N.J. Super. 176
Document Size:	20596

41 State of New Jersey v. Meghan White -- rank: 682

... for driving under the influence of alcohol, a violation of N.J.S.A. 39:4-50. The review also showed that this conviction for violating N ... license when the license suspension arose from a violation of N.J.S.A. 39:4-50. It says: In addition to any penalty imposed under the ... for a person whose license has been suspended for violating N.J.S.A. 39:4-50 be served in a Sheriff’s Labor Assistance Program (S ... when the license suspension resulted from a conviction for violating N.J.S.A. 39:4-50, serve a period of incarceration, it could have set forth ... the defendant had been convicted of a third violation of N.J.S.A. 39:4-50, driving while intoxicated, the court said: The D.W.I ... 3-40 (f) (2) i n par i materia with N.J.S.A. 39:4-50(a)(3). In the latter, the Legislature has set ...

docket:	1904-BT-033744
court:	superior court trial
decided:	2010-04-23
status:
citation:	413 N.J. Super. 301 994 A.2d 1042
Document Size:	20992

42 State v.Justin Bealor -- rank: 682

... vehicle while under the influence of marijuana, in violation of N.J.S.A. 39:4-50. On de novo appeal to the Law Division, defendant argued ... a reasonable doubt and, thereby, to sustain a conviction under N.J.S.A. 39:4-50. 1. Since 1924, because sobriety and intoxication are matters of ... while under the influence of intoxicating liquor” in violation of N.J.S.A. 39:4-50, the driving while intoxicated statute. This appeal requires that we ... respondent. JUSTICE RIVERA-SOTO delivered the opinion of the Court. N.J.S.A. 39:4-50 does not prohibit solely the “operat[ion of] a ... a reasonable doubt and, thereby, to sustain a conviction under N.J.S.A. 39:4-50. I. The transcripts of the trial held in the Municipal ... vehicle while under the influence of marijuana, in violation of N.J.S.A. 39:4-50 6 , and sentenced defendant to the minimum penalties permitted, ...

docket:	a-31-05
court:
decided:	2006-07-20
status:
citation:	*CITE_PENDING*
Document Size:	81273

43 /usr/local/share/www/libweb/collections/courts/appellate/a2498-17.opn.html -- rank: 682

... or subsequent violation of the driving while intoxicated (DWI) statute, N.J.S.A. 39:4-50. Based on our review of the record, we are convinced ... with the step-down provision of the DWI statute. See N.J.S.A. 39:4- 50(a)(3). The court imposed a seven-month license suspension ... THAT DWI WAS TREATED AS A FIRST OFFENSE PURSUANT TO N.J.S.A. 39:4-50(a)(3). II. Defendant claims he was denied a fair ... for a second or subsequent violation of the DWI statute, N.J.S.A. 39:4-50. Defendant relies on the statute's step-down provision, N.J.S.A. 39:4-50(a)(3), and the evidence he had a 1999 DWI ... treated as a first offense for purposes of sentencing under N.J.S.A. 39:4-50(a)(3), he cannot be convicted under N.J. ...

docket:
court:
decided:
status:
citation:
Document Size:	48632

44 STATE OF NEW JERSEY v. CHARLES WHEATLEY -- rank: 680

... the Manchester Township Municipal Court to driving while intoxicated (DWI), N.J.S.A. 39:4-50(a), pursuant to a plea agreement by which related charges ... in this appeal is whether the heightened penalties contained in N.J.S.A. 39:4-50(a)(2), applicable upon conviction of a second DWI offense under N.J.S.A. 39:4-50(a), may be imposed where defendant's predicate "first offense" occurred within a school zone as defined by N.J.S.A. 39:4-50(g), but the second DWI offense did not. The procedural ... Township of DWI in a school zone in violation of N.J.S.A. 39:4-50(g). 1 Defendant was arrested and charged by the Manchester ... Township Municipal Court under subsection (a) of the DWI statute, N.J.S.A. 39:4-50. The municipal court rejected defendant's contention that because ...

docket:	a5026-14
court:	NJ Superior Court Appellate Division
decided:	2016-11-21
status:	published
citation:	447 N.J.Super. 532 149 A.3d 325
Document Size:	24084

45 STATE OF NEW JERSEY v. MANUEL S. RIVEIRO -- rank: 677

... Law Division conviction for driving while under the influence (DUI), N.J.S.A. 39:4-50(a) and for DUI within 1000 feet of a school property, N.J.S.A. 39:4-50(g)(1).1 We affirm. On June 9, 2018, at ... were slow, 1 Effective December 1, 2019, subsection (g) of N.J.S.A. 39:4-50 has been deleted. 'Thus, no defendant may be newly charged ... s false reports could seek relief. Id. at 498. 3 ' N.J.S.A. 39:4-50 prescribes the penalties that may be imposed on a defendant ... the third conviction as a second offense for sentencing purposes.' N.J.S.A. 39:4-50(a). A-5581-18T1 6 After reviewing the requested information ... s license for ten years for defendant's violation of N.J.S.A. 39:4-50, and an additional year for the school zone offense. ...

docket:	a5581-18
court:	NJ Superior Court Appellate Division
decided:	2020-10-29
status:	Unpublished
citation:
Document Size:	28062