Search Rutgers Law Library N.J. Court Opinions

1 State v. German Marquez -- rank: 1000

... analyzes the interplay between New Jersey's implied consent law, N.J.S.A. 39:4-50.2, and its refusal law, N.J.S.A. 39:4 ... the Court holds that New Jersey's implied consent law, N.J.S.A. 39:4-50.2, and refusal law, N.J.S.A. 39:4-50 ... Legislature addressed this problem by enacting an implied consent law, N.J.S.A. 39:4-50.2, and a refusal statute, N.J.S.A. 39:4 ... the procedural safeguards in New Jersey's implied consent statute, N.J.S.A. 39:4-50.2, constitute an additional substantive element of the offense of refusing ... statutes involved in this appeal: (1) the implied consent law, N.J.S.A. 39:4-50.2, which (a) provides that by taking to the State's ... Motor Vehicles Standard Statement for Operators of a Motor Vehicle - N.J.S.A. 39:4-50.2(e)" (standard statement). Specifically, the officer read aloud the ...

docket:	a-35-09
court:	supreme
decided:	2010-07-12
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Document Size:	161798

2 /usr/local/share/www/libweb/collections/courts/appellate/a2813-18.opn.html -- rank: 966

... summons-complaint charged him with violating the implied consent statute, N.J.S.A. 39:4-50.2, instead of the refusal statute, N.J.S.A. 39 ... station, the officer read defendant the standard statement required by N.J.S.A. 39:4-50.2(e) advising defendant of the consequences of a refusal to consent to a breath test. N.J.S.A. 39:4-50.2(e) A-2813-18T1 2 provides that an officer shall ... The officer also charged defendant with refusal in violation of N.J.S.A. 39:4-50.2, which provides that any person operating a motor vehicle shall ... testing of the defendant's blood, breath, or urine.' See N.J.S.A. 39:4-50.2(c) (providing in pertinent part that a person who submits ... claimed the summons was defective because it alleged defendant violated N.J.S.A. 39:4-50.2, the implied consent statute, instead of N.J.S. ...

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3 STATE OF NEW JERSEY v. GERALD E. NUNNALLY -- rank: 933

... the motor vehicle while under the influence of intoxicating liquor. N.J.S.A. 39:4-50.2, -50.4a. A "motor vehicle" is defined as "all vehicles ... the alternative to a charge under the general refusal statute, N.J.S.A. 39:4-50.2, or the refusal statute pertaining specifically to commercial vehicle drivers ... 189 (C.39:4-50.14) [pertaining to underage drivers]. [ N.J.S.A. 39:4-50.2(a)] A second section specifically refers to the requirement that ... read by the police officer to the person under arrest . [ N.J.S.A. 39:4-50.2(e) (emphasis added).] The penalties for general refusal are set ... v. Marquez , 202 N.J. 485 (2010), the Court read N.J.S.A. 39:4-50.2 and -50.4a in pari materia to determine the elements ... in 1966, the Legislature enacted both an implied consent law, N.J.S.A. 39:4-50.2, and a refusal statute, N.J.S.A. 39: ...

docket:	a6031-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-04
status:	published
citation:	420 N.J. Super. 58 18 A.3d 1044
Document Size:	49556

4 State of New Jersey v. Aaron P. Schmidt -- rank: 910

... a second statement in addition to the Standard Statement under N.J.S.A. 39:4-50.2(e). At police headquarters, defendant was read his Miranda warnings ... with refusal to give a breath sample, in violation of N.J.S.A. 39:4-50.2. In the municipal court, defendant consented to be tried on ... a reasonable doubt.” Adjudging defendant guilty of refusal under N.J.S.A. 39:4-50.2, the Law Division imposed the same sentence as had the ... content of alcohol in his blood[,]” in violation of N.J.S.A. 39:4-50.2(a). Defendant was tried on a stipulated record consisting exclusively ... by the police officer to the person under arrest.” N.J.S.A. 39:4-50.2(e). 1 That statement, prepared by the Executive Branch, differentiates ... Vehicle Commission Standard Statement for Operators of a Motor Vehicle -- N.J.S.A . 39:4-50.2(e) (rev. & eff. April 26, 2004) (Additional Statement).] After ...

docket:	a-35-10
court:	NJ Supreme Court
decided:	2011-05-26
status:
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Document Size:	97511

5 /usr/local/share/www/libweb/collections/courts/appellate/a4496-16.opn.html -- rank: 892

... ARE ILLEGAL BECAUSE APPELLANT PLEADED GUILTY TO A VIOLATION OF N.J.S.A. 39:4-50.2 BUT WAS SENTENCED UNDER N.J.S.A. 39:4 ... S.A. 39:4-50, driving while intoxicated (DWI), and N.J.S.A. 39:4- 50.2, refusal to submit to a breathalyzer examination. The matter proceeded ... of refusing to take the breathalyzer test . . . in violation of [N.J.S.A.] 39:4-50.2,' and imposed applicable fines and penalties, including a ten-year ... in his PCR petition asserts that he 'was charged under N.J.S.A. 39:4-50.2, a statute that does not allege a motor vehicle violation,' that he pleaded 'guilty to N.J.S.A. 39:4-50.2, but the conviction was entered under N.J.S.A ... that N.J.S.A. 2C:39-50.4a and N.J.S.A. 39:4-50.2 are separate and distinct from each other. The judge ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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6 STATEOF NEW JERSEY v. MINA GIRGIS -- rank: 887

... charged defendant with refusal to provide breath samples 'contrary to N.J.S.A. 39:4-50.2.' The officer also issued Summons No. TR-088015, which charged ... of the refusal charge, arguing that the summons erroneously cited N.J.S.A. 39:4-50.2. Counsel argued that the summons should have cited N.J ... S.A. 39:4-50.4a. The judge noted that N.J.S.A. 39:4-50.2, which provides that every person who operates a motor vehicle ... cannot be sustained because the summons cited a violation of N.J.S.A. 39:4- 50.2, which is not a substantive traffic offense; and (2) the ... fatally defective because the officer cited the implied consent law, N.J.S.A. 39:4-50.2, rather than the statute which sets forth the penalties for ... N.J.S.A. 39:4-50.4a. Defendant contends N.J.S.A. 39:4-50.2 is not a substantive traffic offense and therefore his ...

docket:	a1501-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-02
status:	unpublished
citation:
Document Size:	36814

7 STATE OF NEW JERSEY v. PETER J. DITO -- rank: 887

... the alcohol level of his blood because the summons cited N.J.S.A. 39:4-50.2 rather than N.J.S.A. 39:4-50.4a ... for refusing to submit to a breath test, contrary to N.J.S.A. 39:4-50.2. Defendant moved to dismiss the refusal charge on the ground that the summons referenced N.J.S.A. 39:4-50.2 rather than N.J.S.A. 39:4-50.4a ... General's standard statement for motor vehicle operators, pursuant to N.J.S.A. 39:4-50.2(e), which informed defendant that the law required him to ... for refusal to submit the breath test had incorrectly cited N.J.S.A. 39:4-50.2. The judge stated that because the summons should have cited ... Division judge erred by dismissing the summons because it cited N.J.S.A. 39:4-50.2, rather than N.J.S.A. 39:4-50. ...

docket:	a2699-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-11
status:	unpublished
citation:
Document Size:	35242

8 STATE OF NEW JERSEY v. PARAMJIT SINGH -- rank: 856

... 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 to ... The parties, however, do not dispute that the summons referenced N.J.S.A. 39:4-50.2, and not N.J.S.A. 39:4-50.4a ... of the charge against him, or that the reference to N.J.S.A. 39:4-50.2 in the summons prejudiced his ability to provide a defense ... our consideration: POINT I AS APPELLANT WAS WRONGFULLY CHARGED UNDER[] N.J.S.A. 39:4-50.2, THE REFUSAL CHARGE SHOULD HAVE BEEN DISMISSED. (ISSUE NOT RAISED ... deprived of due process by having been charged with violating N.J.S.A. 39:4-50.2, but convicted of A-0876-16T2 5 violating N.J ... 409, 422 (1997)). The statute cited in defendant's summons, N.J.S.A. 39:4-50.2, provides: (a) Any person who operates a motor vehicle ...

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

9 STATE OF NEW JERSEY v. JAMES L. ROGERS, JR -- rank: 856

... 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 than seven ... in which case the revocation shall be for ten years . . . . N.J.S.A. 39:4-50.2, referred to as the 'implied consent' statute, reads in relevant ... N.J.R. 2825(a) (Aug. 3, 2009). See also N.J.S.A. 39:4-50.2(e) (providing the 14 A-2820-16T1 [(Emphasis supplied) (footnote ... Id. at 490. The Court noted the implied consent law, N.J.S.A. 39:4-50.2, provides that drivers impliedly consent to submit to a breath ... A-2820-16T1 [Id. at 503 (emphasis supplied) (first citing N.J.S.A. 39:4-50.2(e); then citing N.J.S.A. 39:4-50 ... the police read to him the standard statement required by N.J.S.A. 39:4-50.2(e) before he refused to take the breathalyzer test ...

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

10 /usr/local/share/www/libweb/collections/courts/appellate/a5496-18.opn.html -- rank: 843

... 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 ... the refusal charge for 'lack of probable cause with 3 N.J.S.A. 39:4-50.2(a) provides that drivers who operate a 'motor vehicle on ... to submit, upon request, to a test provided for in [N.J.S.A. 39:4-50.2].' N.J.S.A. 39:4-50.4a further provides ... defendant guilty of refusal to submit to a breath test, N.J.S.A. 39:4-50.2, and resisting arrest, N.J.S.A. 2C:29-2 ... refusal to submit to a breath test in violation of ' N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4a' and ... conviction should be reversed because the summons mistakenly cited to N.J.S.A. 39:4-50.2 rather than to N.J.S.A. 39:4- ...

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11 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: 807

... 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 ... 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 the ... appeal, the State raises the following arguments: POINT I BECAUSE N.J.S.A. 39:4-50.2 AND N.J.S.A. 39:4-50.4[a ... future date, upon such terms as the court deems appropriate. N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4a comprise the same substantive offense. N.J.S.A. 39:4-50.2, entitled "[c]onsent to taking of samples of breath; record ... for in section 2 of P.L.1966, c.142 ([ N.J.S.A. ] 39:4-50.2) when requested to do so . . . . The municipal court shall ...

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

12 STATE OF NEW JERSEY v. DANIELLE JAMARINO -- rank: 784

... 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 ... 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 of ... 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 FATAL ... 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 ... J.S.A. 39:4-50.4(a) rather than N.J.S.A. 39:4-50.2 when charging a refusal offense. Id. at 90 n.1 ... 202 N.J. 485 (2010), the Supreme Court recognized that N.J.S.A. 39:4-50.2 and N.J.S.A. 39:50-.4 are ' ...

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

13 State v. William O'Driscoll -- rank: 771

... 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 ... 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. 39:4-96 ... tests, the Legislature in 1966 enacted the implied consent law, N.J.S.A. 39:4-50.2, and the refusal law, N.J.S.A. 39:4 ... L. 1977, c. 29, § 3 (codified as amended at N.J.S.A. 39:4-50.2(e)) –- the Legislature also directed that “[a] standard ... refused to submit to the test. [ Id. at 503 (citing N.J.S.A. 39:4-50.2(e); N.J.S.A. 39:4-50.4a(a ... require absolute precision. It directs that the statement be read. N.J.S.A. 39:4-50.2(e). To be sure, we expect that police officers ...

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

14 STATE OF NEW JERSEY v. ORLANDO TRINIDAD -- rank: 764

... 39:4-96; refusal to submit to an alcohol test, N.J.S.A. 39:4-50.2; driving while intoxicated, N.J.S.A. 39:4-50 ...

docket:	a3029-15
court:	NJ Superior Court Appellate Division
decided:	2018-09-17
status:	Unpublished
citation:
Document Size:	93117

15 State v. Philip Reiner -- rank: 764

... defendant was served simultaneously with a summons for violation of N.J.S.A. 39:4-50.2, which is a non-school zone offense. Footnote 2 The ...

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