Search Rutgers Law Library N.J. Court Opinions

76 /usr/local/share/www/libweb/collections/courts/appellate/a0861-18.opn.html -- rank: 646

... 1999, defendant was convicted of driving while under the influence, N.J.S.A. 39:4-50. He was convicted in 2016 of refusing to submit to testing, N.J.S.A. 39:4-50.4a, and his driver's license was suspended for two ... a 'second A-0861-18T3 5 or subsequent violation' of N.J.S.A. 39:4-50 (DWI) or N.J.S.A. 39:4-50.4a (refusal). A person convicted under N.J.S.A ... 7 offenders receive under our drunk driving laws[,]' citing to N.J.S.A. 39:4-50. Laurick, 120 N.J. at 5. There is no indication ... term required for repeat offenders in a DWI conviction under N.J.S.A. 39:4-50.' Id. at 7. It was inapplicable in Sylvester because ...

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77 STATE OF NEW JERSEY v. RICHARD D. LORA -- rank: 644

... Richard Lora appeals his convictions 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. We affirm. We derive the following facts from the ... the West New York Municipal Court on charges of DWI, N.J.S.A. 39:4-50, and refusal to submit to a breath test, N.J.S.A. 39:4-50.4a.2 The municipal court judge denied defendant's motion ... driving while intoxicated within 1,000 feet of a school, N.J.S.A. 39:4-50(g)(1) (since repealed), violation of consent to take samples of breath, N.J.S.A. 39:4-50.2, and illuminating devices required, N.J.S.A. ...

docket:	a1082-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-13
status:	Unpublished
citation:
Document Size:	26570

78 STATE OF NEW JERSEY v. DENISE R. FLAHERTY -- rank: 641

... Branchburg police officers charged defendant with driving while intoxicated (DWI), N.J.S.A. 39:4-50; refusal to submit to a breath test (refusal), N.J.S.A. 39:4-50.4a; obstructed view, N.J.S.A. 39:3-74 ... not less than seven months or more than one year . . . .' N.J.S.A. 39:4-50.4a. A-0826-18T4 2 The municipal court judge accepted ... REFUSING TO PROVIDE A BREATH SAMPLE AS REQUIRED PURSUANT TO N.J.S.A. 39:4-50.2(E). II. THE COURT ERRED IN HOLDING THAT THE ... almost legally impossible,'' explaining, 'these penalties could be imposed.' See N.J.S.A. 39:4-50.4a(b). Finally, the judge rejected defendant's argument 'that ... 485, 496 (2010)). To that end, the implied consent law, N.J.S.A. 39:4-50.2, and the refusal law, N.J.S.A. ...

docket:	a0826-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-13
status:	Unpublished
citation:
Document Size:	21500

79 STATE OF NEW JERSEY v. FRANCIS SCANLON -- rank: 641

... his June 21, 2018 conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50(a), after a trial de novo in the Law Division ... defendant argues that he was not subject to prosecution under N.J.S.A. 39:4- 50(a) because the vehicle he was operating, a farm tractor ... concessions, defendant argued that he was not guilty of violating N.J.S.A. 39:4-50(a) because a farm tractor is not a motor vehicle ... argument and found him guilty of the charged violation of N.J.S.A. 39:4- 50(a).1 The judge sentenced defendant to a 10-year ... MEANING OF N.J.S.A. 39:1-1 AND N.J.S.A. 39:4-50(a). II. Because the parties stipulated to all the facts ... farm tractor is considered a motor vehicle for purposes of N.J.S.A. 39:4-50(a). On appeal, we 'consider only the action of ...

docket:	a1585-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-05
status:	Unpublished
citation:
Document Size:	17265

80 STATE OF NEW JERSEY v. JOSEPH B. GAETA -- rank: 639

... Joseph B. Gaeta was convicted of Driving While Intoxicated (DWI), N.J.S.A. 39:4-50. Because the vehicle he was driving was an all-terrain ... issued to defendant, including one charging DWI in violation of N.J.S.A. 39:4-50. At the beginning of the municipal court trial, the prosecutor ... rejected that position and concluded that the usual penalties under N.J.S.A. 39:4-50 would be imposed. The conviction being defendant's first DWI ... court sentenced him within the appropriate range of sentences under N.J.S.A. 39:4-50 to: a fine of $306, $33 in court costs, $50 ... THE APPROPRIATE PENALTIES APPLICABLE TO OFFICER GAETA ARE THOSE UNDER N.J.S.A. 39:4-50, RATHER THAN N.J.S.A. 39:3C-28. Defendant ... cited above . [Emphasis added.] Thus, the statute provided that DWI, N.J.S.A. 39:4-50, was an offense that applied to a person driving ...

docket:	a0201-12
court:	NJ Superior Court Appellate Division
decided:	2013-07-09
status:	unpublished
citation:
Document Size:	25117

81 State of New Jersey v. John R. Cummings -- rank: 639

... New Jersey Motor Vehicle Commission’s standard statement required under N.J.S.A. 39:4-50, and refusing to submit to a breathalyzer test in violation of N.J.S.A. 39:4-50.4a (Refusal Statute). See footnote 1 On May 29, 2003 ... J. Super. 177 (App. Div. 1990), “upheld the constitutionality of N.J.S.A. 39:4-50.4a, which requires the State to prove a refusal to ... Assembly adopted the Governor’s recommendation and, as finally passed, N.J.S.A. 39:4-50.4a provides for a preponderance of the evidence standard of ... Driver Resource Center. See L. 2004, c. 8, §1 (amending N.J.S.A. 39:4-50.4a, eff. Apr. 26, 2004). See footnote 5 Those penalties ... of the violation are not established, no conviction shall issue . [ N.J.S.A. 39:4-50.4a (emphasis supplied).] In State v. Fahrer , 212 N. ...

docket:	a-65-04
court:	njsupreme
decided:	2005-06-23
status:
citation:	184 N.J. 84
Document Size:	50692

82 VLADIMIR DIAZ v. HERBERT J. REYNOSO -- rank: 639

... legislative enactment' is what is known as 'John's Law,' N.J.S.A. 39:4-50.22. Pursuant to that statute, law enforcement officers must provide ... have been arrested or held in custody for violations of N.J.S.A. 39:4-50 (Driving While Intoxicated). John's Law prescribes, in relevant part ... a person who has been arrested for a violation of [N.J.S.A. 39:4-50] in order to transport or accompany the arrestee from the ... operation of a motor vehicle while the arrestee remains intoxicated. [ N.J.S.A. 39:4-50.22 (emphasis added).] The statute continues: The person to whom ... person who permits another to drive while intoxicated (DWI) violates [N.J.S.A. 39:4-50] (the State Drunk driving statute).' S. Law & Pub. Safety Comm ... motor vehicle violations checked in the box above. Pursuant to N.J.S.A. 39:4-50.22, this WARNING is to advise you that if ...

docket:	a1285-20
court:	NJ Superior Court Appellate Division
decided:	2021-06-01
status:	Published
citation:
Document Size:	62970

83 STATE OF NEW JERSEY v. ROGER M. DENT -- rank: 639

... Law Division finding defendant guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50, the State appeals from that part of the September 13 ... noncustodial community service program that does not hold participants overnight. N.J.S.A. 39:4 50(a)(2) and (3) clearly and unambiguously require a sentence ... accident occurred. Police arrested defendant and charged him with DWI, N.J.S.A. 39:4-50, careless driving, N.J.S.A. 39:4-97, improper ... State v. Laurick , 120 N.J. 1 , 4 (1990), and N.J.S.A. 39:4 50(a), defendant should be considered a second-time DWI offender ... 658-59 (1993)) certif. denied , 172 N.J. 181 (2002). N.J.S.A. 39:4-50(a) provides that: (2) For a second [DWI] violation, a ... Ct. 768 , 98 L.Ed.2d 855 (1988). In particular, N.J.S.A. 39:4-50(a) discourages recidivism in DWI offenses by imposing escalating ...

docket:	a0498-13
court:	NJ Superior Court Appellate Division
decided:	2014-10-07
status:	unpublished
citation:
Document Size:	17791

84 STATE OF NEW JERSEY v. MICHAEL LYONS -- rank: 639

... driving while driving under the influence of intoxicating liquor (DUI), N.J.S.A. 39:4-50(a); failure to report an accident, N.J.S.A ... influence of intoxicating liquor and therefore violated the DUI statute, N.J.S.A. 39:4-50(a). The municipal court judge further found Cahill's testimony ... also found defendant operated his vehicle within the meaning of N.J.S.A. 39:4-50(a) by standing next to the vehicle with its engine ... its] heavy burden' of proof. We disagree. In pertinent part, N.J.S.A. 39:4-50(a) prohibits an individual from 'operat[ing] a motor vehicle ... explaining proofs required to establish operation of a vehicle under N.J.S.A. 39:4-50(a)). Operation of a vehicle under N.J.S.A. 39:4-50(a) does not require proof of 'driving' and 'may ...

docket:	a3017-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-24
status:	Unpublished
citation:
Document Size:	36278

85 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 639

... references examples of increased penalties for driving while intoxicated, see N.J.S.A. 39:4-50, and enhanced charges for distributing or possessing controlled dangerous substances ...

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court:	NJ Superior Court Law/Chancery Division
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86 State v. Jamire D. Williams -- rank: 637

... motorists who have committed certain drunk driving (DWI) offenses. See N.J.S.A. 39:4-50; see also, e.g., N.J.S.A. 39:4-50.17(a)(2) (referring interchangeably to a “period of ...

docket:	a-4-5-22
court:	NJ Superior Court Appellate Division
decided:	2023-05-30
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Document Size:	98991

87 State v. Charudutt J. Patel -- rank: 637

... convictions, Patel was sentenced as a first-time offender. See N.J.S.A. 39:4-50(a). The two 2015 DWI charges exposed Patel to potential ... the Court. Every defendant charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50, is guaranteed the right to retain counsel or, if indigent ... subject to enhanced custodial sentences, license suspensions, and financial penalties. N.J.S.A. 39:4-50(a)(2)-(3). We held in State v. Laurick that ... at an Intoxicated Driver Resource Center and fined $764. See N.J.S.A. 39:4- 50(a) (providing that, for sentencing purposes, a second DWI conviction ... years, and imposed the requisite fines and administrative penalties. See N.J.S.A. 39:4-50(a)(3). The remaining charges, including the Hillsborough DWI charge ... defendants convicted of a second and subsequent DWI violation. See N.J.S.A. 39:4-50(a)(1)-(3). A first-time offender is subject ...

docket:	a-13-18
court:	NJ Supreme Court
decided:	2019-08-07
status:
citation:	--- A.3d ----
Document Size:	66862

88 KEITH HELD v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 637

... driving while intoxicated ('DWI') in New Jersey, in violation of N.J.S.A. 39:4-50(a). For the reasons that follow, we remand this case ... s Maryland infraction is substantially similar to an offense under N.J.S.A. 39:4-50(a). Appellant has been convicted of offenses stemming from four ... s second offense pursuant to the 'step down' provision in N.J.S.A. 39:4-50(a)(3), which permits a third A-0592-17T1 2 ... Transp. § 21-902(b)(1) was substantially similar to N.J.S.A. 39:4-50(a) for the conviction to be treated as a second ... b)(1) is not substantially similar to a conviction under N.J.S.A. 39:4-50(a). More specifically, he argues that the Md. Code Ann ... level of impairment than required to sustain a conviction under N.J.S.A. 39:4-50(a). Appellant additionally contends he was entitled to an ...

docket:	a0592-17
court:	NJ Superior Court Appellate Division
decided:	2018-10-24
status:	Unpublished
citation:
Document Size:	19323

89 CHRISTOPHER DIGIOIA v. NEW JERSEY MOTOR VEHICLE COMMISSION - -- rank: 637

... Jersey of driving under the influence of alcohol contrary to N.J.S.A. 39:4-50. He was similarly convicted on October 9, 2019 in New ... 95 N.J. Super. 19 (Law Div. 1967), contended that N.J.S.A. 39:4-50 does not expressly permit the Commission to consider an out ... authorized by N.J.S.A. 39:5D-4 and N.J.S.A. 39:4-50, and supported by the undisputed evidence in the record. Failure ... offense under New Jersey's driving under the influence statute, N.J.S.A. 39:4-50(a), just as it was in New York. See also ... s reliance on Davis. There, defendant was convicted of violating N.J.S.A 39:4-50 in New Jersey and was convicted of a similar offense ... first-time offender. Ibid. The court agreed and reasoned that N.J.S.A. 39:4-50 did not expressly state that a 'previous violation may ...

docket:	a3587-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-30
status:	Unpublished
citation:
Document Size:	17619

90 STATE OF NEW JERSEY v. CHRISTOPHER CARRIGAN -- rank: 635

... suspended or revoked for a second or subsequent violation of [ N.J.S.A. 39:4-50, DWI,] or section 2 of [ N.J.S.A. 39:4-50.4a, refusing to submit to an alcohol breath test]. A ... a breath sample. The patrolman issued defendant summonses for DWI, N.J.S.A. 39:4-50; driving with a suspended license, N.J.S.A. 39 ... 39:3-66; refusal to submit to a breath test, N.J.S.A. 39:4-50.2; and reckless driving, N.J.S.A. 39:4 ... e., within the decade before defendant's present offenses. See N.J.S.A. 39:4-50(a)(3) (requiring a mandatory license revocation of ten years ... of mandatory suspension imposed for third or subsequent offenses under N.J.S.A. 39:4-50(a)(3). Given the committee materials that we have ...

docket:	a3751-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-15
status:	published
citation:	428 N.J.Super. 609 55 A.3d 87
Document Size:	43357