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91 STATE OF NEW JERSEY v. DAVID C. LILLY -- rank: 630

... On September 5, 2000, defendant was convicted of DWI under N.J.S.A. 39:4-50. On July 11, 2013, defendant was again convicted of DWI ... as a first offender under the step-down provision of N.J.S.A. 39:4-50(a)(3) because there was more than a ten-year ... of license suspension . . . for a second or subsequent violation of" N.J.S.A. 39:4-50. In his motion to dismiss the indictment, defendant argued that ... 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 ... the 2013 DWI was his first offense, the language of N.J.S.A. 39:4-50(a)(3) states that the step-down is for "sentencing ... qualification for lenient sentencing under the step-down provision of N.J.S.A. 39:4-50(a)(3) essentially dissolved his prior DWI conviction and ...

docket:	a1495-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-28
status:	unpublished
citation:
Document Size:	18650

92 STATE OF NEW JERSEY v. DANIEL GONZALEZ -- rank: 630

... of driving under the influence of an intoxicating liquor (DUI), N.J.S.A. 39:4-50, and sentenced defendant to a seven-month driver's license ... also concluded the evidence established a per se violation of N.J.S.A. 39:4-50 because the Alcotest results showed defendant had a BAC of ... results' and concluded the results established defendant's guilt under N.J.S.A. 39:4-50 beyond a reasonable doubt. Judge Jones also rejected defendant's claim that a December 1, 2019 amendment to N.J.S.A. 39:4-50, which reduced some of the penalties for a DUI offense ... probable cause to arrest defendant for DUI in violation of N.J.S.A. 39:4-50. Bealor, 187 N.J. at 588; see also Cleverley, 348 ... with a [BAC] of 0.08 [percent] or more' (quoting N.J.S.A. 39:4- 50(a))). As noted, the court separately determined defendant is ...

docket:	a4366-19
court:	NJ Superior Court Appellate Division
decided:	2021-09-24
status:	Unpublished
citation:
Document Size:	36349

93 STATE OF NEW JERSEY v. JOHN THOMPSON -- rank: 628

... his convictions for operating a vehicle while under the influence, N.J.S.A. 39:4-50(a), and for refusing to submit to a breath test, N.J.S.A. 39:4-50.2, defendant argues that the evidence does not support the ... via municipal appeal, by the Law Division of violating both N.J.S.A. 39:4-50(a) and N.J.S.A. 39:4-50.2. A two-year license suspension was imposed. In appealing ... defendant was 'operating' the motor vehicle within the meaning of N.J.S.A. 39:4-50(a). Our limited scope of review requires deference to the ... a vehicle with its engine running, is in violation of N.J.S.A. 39:4- 50(a). Although a violation of N.J.S.A. ...

docket:	a2011-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-10
status:	Published
citation:
Document Size:	15702

94 STATE OF NEW JERSEY v. WILLIE R. RAINS -- rank: 628

... affirm. In October 1979, defendant was found guilty of DWI, N.J.S.A. 39:4-50, in Willingboro Township Municipal Court. Defendant claims he did not ... second DWI as his first for sentencing purposes pursuant to N.J.S.A. 39:4- 50(a)(3) because his second offense took place more than ... SINCE HE WAS SENTENCED AS A FIRST OFFENDER PURSUANT TO N.J.S.A. 39:4-50(a)(3). POINT III: ON MAY 19, 2016, THE COURT ... qualification for lenient sentencing under the step-down provision of N.J.S.A. 39:4-50(a)(3) rendered him a first- time offender. Defendant maintains ... Defendant's argument is contrary to the unambiguous language of N.J.S.A. 39:4-50(a)(3) and creates a false connection between that statute ... for a second or subsequent violation of' motor vehicle statute N.J.S.A. 39:4-50. N.J.S.A. 39:4-50(a)(3) ...

docket:	a1788-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-23
status:	Unpublished
citation:
Document Size:	18976

95 State v. Barrington McDonald -- rank: 628

... 2C:12-1(c)(3)(a), driving while intoxicated (DWI), N.J.S.A. 39:4-50, and driving with a suspended license, N.J.S.A ... c)(3)(a). He was also issued summonses for DWI, N.J.S.A. 39:4-50, driving with a suspended license, N.J.S.A. 39:3-40, DWI in a school zone, N.J.S.A. 39:4-50(g)(1), reckless driving, N.J.S.A. 39:4 ... defendant’s operation of a vehicle while in violation of N.J.S.A. 39:4-50 (prohibiting driving while intoxicated) “on any school property used ... the Appellate Division, which merged defendant’s DWI conviction under N.J.S.A. 39:4-50 into the assault by auto in a school zone conviction ... Here, the panel’s merger of the DWI conviction under N.J.S.A. 39:4-50 into the assault by auto in a school zone ...

docket:	A-118-10
court:	NJ Supreme Court
decided:	2012-07-23
status:
citation:	211 N.J. 4 47 A.3d 669
Document Size:	130596

96 STATE OF NEW JERSEY v. LELAN D. HURST -- rank: 628

... his conviction of refusing to submit to a breath test, N.J.S.A. 39:4-50.4(a), after being arrested for driving while intoxicated (DWI ... Miranda 2 rights and read the standard statement required by N.J.S.A. 39:4-50.2(e), including the supplemental instruction to be given when ... submit to a [breath test] when requested to do so[.]" N.J.S.A. 39:4-50.4a(a). [T]he implied consent law, N.J.S.A. 39:4-50.2, . . . (a) provides that by taking to the State's ... statement, prepared by the Motor Vehicle Commissioner, to the arrestee. N.J.S.A. 39:4-50.2(e). "'[A]nything substantially short of an unconditional, unequivocal ... of the rights and penalties attendant to a refusal under N.J.S.A. 39:4-50.4a, and as required under O'Driscoll , despite the ...

docket:	a2683-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-30
status:	unpublished
citation:
Document Size:	49906

97 STATE OF NEW JERSEY v. JAMES J. REVIE -- rank: 626

... appeals from his fourth conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, following a trial in the Law Division. On appeal, defendant ... a second offense pursuant to the step-down provision of N.J.S.A. 39:4-50 because there was a gap of more than ten years ... beyond a reasonable doubt of Driving While Intoxicated pursuant to N.J.S.A. 39:4-50. As to the alleged sentencing error, Judge Ironson found defendant ... SUBSEQUENT OFFENDER UNDER LAURICK AND THE "STEP DOWN" PROVISION OF N.J.S.A. 39:4-50(a)(3). II. Our role in this appeal is limited ... from a DWI conviction escalate with each subsequent DWI conviction. N.J.S.A. 39:4-50. A first-time offender may "in the discretion of the ... a term of imprisonment of not more than 30 days . . . ." N.J.S.A. 39:4-50(a)(1)(i) and (ii). A second offender is ...

docket:	a3187-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-18
status:	unpublished
citation:
Document Size:	35832

98 STATE OF NEW JERSEY v. JOEL D. CINTRON -- rank: 626

... auto if a person drives a vehicle in violation of N.J.S.A. 39:4-50 5 or N.J.S.A. 39:4-50.4a 6 and serious bodily injury results. N.J.S ... auto if a person drives a vehicle in violation of N.J.S.A. 39:4-50 or N.J.S.A. 39:4-50.4a and bodily injury results. Ibid. The judge, however, only ... find that defendant operated a motor vehicle in violation of N.J.S.A. 39:4-50, it could consider that together with all other evidence when ... that the jury was required to find a violation of N.J.S.A. 39:4-50 or 39:4-50.4a in order to convict ...

docket:	a1342-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-23
status:	unpublished
citation:
Document Size:	34316

99 STATE OF NEW JERSEY v. BLAIR CREED -- rank: 623

... content (BAC) was 0.16%. Defendant was charged with DWI, N.J.S.A. 39:4-50; crossing over a double yellow line, N.J.S.A ... Defendant raises the following arguments for our consideration: POINT I [ N.J.S.A. ] 39:4-50.2 DOES NOT GIVE POLICE UNBRIDLED AUTHORITY TO TRANSPORT A ... HAVING CONDUCTED A TEST. A. THE DEFENDANT FULLY COMPLIED WITH [ N.J.S.A. ] 39:4-50.2. B. THE POLICE VIOLATED [ N.J.S.A. ] 39:4-50.2 BY FAILING TO PROVIDE AND MAINTAIN A PROPERLY WORKING ... a control test failure. Defendant contends that he complied with N.J.S.A. 39:4-50.2(a) by providing breath samples at the Montvale police ... to provide additional breath samples in Park Ridge. We disagree. N.J.S.A. 39:4-50.2(a) provides that any person who operates a ...

docket:	a3496-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-20
status:	unpublished
citation:
Document Size:	20801

100 STATE OF NEW JERSEY v. ALIBEK SHAYMARDANOV -- rank: 623

... to vacate municipal court convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50, and refusal to submit a breath sample, N.J.S.A. 39:4-50.4(a). 1 The State cross-appealed, challenging the sentence ... Standard Statement for Operators of a Motor Vehicle (standard statement), N.J.S.A. 39:4-50.2(e). Defendant demonstrated he understood and agreed to participate ... FAILED SOBRIETY TEST NOR ABNORMAL BREATH SAMPLES AS REQUIRED BY N.J.S.A. 39:4-50.4a. The State cross-appeals, arguing: POINT [III] THE DE ... TO IMPOSE AN ENHANCED SENTENCE FOR DEFENDANT'S VIOLATION OF N.J.S.A. 39:4-50[.4]a DESPITE HIS PRIOR CONVICTION AND FURTHER, IMPROPERLY DETERMINED HE COULD SERVE HIS LICENSE SUSPENSIONS FOR HAVING VIOLATED N.J.S.A. 39:4-50 AND N.J.S.A. 39:4-50.4a ...

docket:	a2653-13
court:	NJ Superior Court Appellate Division
decided:	2015-08-04
status:	unpublished
citation:
Document Size:	35592

101 STATE OF NEW JERSEY v. KENNETH IRELAN -- rank: 623

... send a tow truck to impound defendant's vehicle, see N.J.S.A. 39:4-50.23, and advised, "keys rear driver's side tire." The ... Breathalyzer test. See Pierce , supra , 136 N.J. at 192; N.J.S.A. 39:4-50.2. It is equally clear that, under Belton , the search ... pertains to the underlying offense, except in the case of N.J.S.A. 39:4-50 (driving while intoxicated) and N.J.S.A. 39:4 ... the underlying offense, except in the case of violations of N.J.S.A. 39:4-50 (driving while intoxicated) and N.J.S.A. 39:4 ... N.J. 42 , 58 (1987). Footnote: 4 "John's Law," N.J.S.A. 39:4-50.22, -50.23, allows for a temporary impound to assure ... or to any other responsible party authorized by the arrestee. N.J.S.A. 39:4-50.23c, d. Further, as authorized by N.J.S. ...

docket:	a6622-03
court:	njappellate
decided:	2005-02-14
status:	published
citation:	375 N.J. Super. 100
Document Size:	50717

102 STATE OF NEW JERSEY v. ROBERT LUZHAK -- rank: 623

... BEEN DISMISSED SINCE DEFENDANT ONLY HAD ONE "CONVICTION" FOR [VIOLATING N.J.S.A. 39:4-50] AND THE STATUTE REQUIRES A SECOND VIOLATION OF [ N.J.S.A. 39:4-50]. POINT II THE COURT SHOULD HAVE GRANTED THE MOTION TO ... be interpreted to specifically require previous license suspensions pursuant to N.J.S.A. 39:4-50. "Whether an indictment should be dismissed or quashed lies within ... suspended or revoked for a second or subsequent violation of [ N.J.S.A. 39:4-50] . . . . A person convicted of an offense under this subsection shall ... subsequent DWI conviction. After Regan was decided, the Legislature amended N.J.S.A. 39:4-50(a)(3) to state that DWI convictions in foreign states ... L. 1997, c. 277, § 1. Consistent with the DLC, N.J.S.A. 39:4-50(a)(3) now states in pertinent part: A conviction ...

docket:	a2445-14
court:	NJ Superior Court Appellate Division
decided:	2016-04-27
status:	published
citation:	445 N.J.Super. 241 137 A.3d 555
Document Size:	31491

103 STATE OF NEW JERSEY v. LATEEF J. COLLEY -- rank: 623

... in another state for conduct equivalent to that proscribed by N.J.S.A. 39:4-50 subjects a defendant to the enhanced penalty set by N ... where the basis of the suspension was a violation of N.J.S.A. 39:4-50. Judge Tessaro reserved his decision on this issue. Subsequently, Judge ... because the prior conviction was not for a violation of N.J.S.A. 39:4-50. Specifically, defendant contends that a literal reading of N.J.S.A. 39:3-40 requires a conviction of N.J.S.A. 39:4-50 in this state in order to trigger the assessment of ... enhanced penalties because he has no prior conviction pursuant to N.J.S.A. 39:4-50. However, a review of New Jersey case and statutory law ... Super. 1 , 2-3 (App. Div. 1983), we held that N.J.S.A. 39:4-50 and New York's drunk driving statute are of ...

docket:	a3347-06
court:	njappellate
decided:	2007-12-14
status:	published
citation:	397 N.J.Super. 214
Document Size:	43107

104 STATE OF NEW JERSEY v. SEAN WATKINS -- rank: 621

... given defendant's prior conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, his guilty plea to refusing to submit to a breath test (refusal), N.J.S.A. 39:4-50.4a, made him a second offender under that statute. As ... is whether a prior conviction for [DWI] in violation of N.J.S.A. 39:4-50 satisfies the language of "a subsequent offense under this section" contained in N.J.S.A. 39:4-50.4a, thereby mandating the imposition of the enhanced penalty of ... prior refusal to take a breathalyzer test in violation of N.J.S.A. 39:4-50.4a satisfies this statutory language and that a prior conviction for [DWI] in violation of N.J.S.A. 39:4-50 does not lead to the enhanced two-year penalty. ...

docket:	a2594-07
court:	NJ Superior Court Appellate Division
decided:	2009-04-02
status:	unpublished
citation:
Document Size:	45151

105 /usr/local/share/www/libweb/collections/courts/trial/ma2010-16.opn.html -- rank: 621

... second-offender under the so-called “step down” provision. N.J.S.A. 39:4-50(a)(3). The municipal court sentenced defendant to sixty days ... maximum fine of $1000, the range being $500 to $1000. N.J.S.A. 39:4-50(a)(2). Before hearing this municipal appeal, this court obtained ... incarcerate at all in the case of first offenders. See N.J.S.A. 39:4-50(a)(1)(i) and (ii) (allowing for first offender � ... to impose a jail term of up to ninety days. N.J.S.A. 39:4-50(a)(2) (stating that second offenders “shall be sentenced ... suspended or served on probation, nor more than 90 days”); N.J.S.A. 39:4-50(a)(3) (stating that that imprisonment for first or second ... half of that to be served in in-patient treatment. N.J.S.A. 39:4-50(a)(3). The Criminal Code requires a sentencing court ...

docket:	ma2010-16
court:	NJ Superior Court Law/Chancery Division
decided:	0000-00-00
status:
citation:
Document Size:	42472