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16 STATE OF NEW JERSEY v. WAYNE TERPSTRA -- rank: 746

... DWI, N.J.S.A. 39:4-50, and refusal, N.J.S.A. 39:4-50.2, in the Township of Pequannock, pled guilty, and was sentenced ... DWI, N.J.S.A. 39:4-50, and refusal, N.J.S.A. 39:4-50.2, in Montville Township, pled guilty and was sentenced as a ...

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status:	unpublished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

17 STATE OF NEW JERSEY v. IRIS QUINTERO -- rank: 738

... vacated because the Attorney General's current standard statement under N.J.S.A. 39:4-50.2(e) is fundamentally deficient for not specifying the mandatory minimum ... OF THE CONSEQUENCES OF REFUSING TO SUBMIT" AS REQUIRED BY [ N.J.S.A. 39:4-50.2(e)]. II. On this appeal, we do not review the ... 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. 1966, c. 142, § 2 (codified as amended at N.J.S.A. 39:4-50.2)). The implied consent law was amended in 1977 to require ... the consequences of refusing to submit to a breath test. N.J.S.A. 39:4-50.2(e). In 2009, the responsibility for the promulgation of that ... at 503 (citations omitted).] Pursuant to the implied consent law, N.J.S.A. 39:4-50.2(e), the Attorney General's current standard statement (revised ...

docket:	a2186-13
court:	NJ Superior Court Appellate Division
decided:	2016-01-27
status:	published
citation:	443 N.J.Super. 620 129 A.3d 1125
Document Size:	26085

18 STATE OF NEW JERSEY v. BLAIR CREED -- rank: 730

... 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 DEFENDANT ... 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 AND ... 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 headquarters ... 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 motor vehicle ... the number of samples a driver must provide. Ibid. Thus, N.J.S.A. 39:4-50.2(a) did not preclude the Montvale police officers from ...

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status:	unpublished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

19 STATE OF NEW JERSEY v. WILLIAM YUENGLING -- rank: 728

... also convicted of refusal to provide a breath sample (refusal), N.J.S.A. 39:4-50.2; failure to exhibit insurance, N.J.S.A. 39:3 ... his blood[.]" Id. at 279 (second alteration in original) (quoting N.J.S.A. 39:4-50.2(a)). The fact that in this particular case the police ... v. Ravotto , 169 N.J. 227 , 246 (2001); see also N.J.S .A. 39:4-50.2(e) . This issue is pending before the United States Supreme ...

docket:	a0437-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-04
status:	unpublished
citation:
Document Size:	48453

20 STATE OF NEW JERSEY v. JOHN B. CHAMBERS -- rank: 723

... to consent to a blood alcohol test, in violation of N.J.S.A. 39:4-50.2, which formerly subjected the offender to a separate six-month ...

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

21 STATE OF NEW JERSEY v. SEAN COURTER -- rank: 723

... 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:	a3481-15
court:	NJ Superior Court Appellate Division
decided:	2018-09-17
status:	Unpublished
citation:
Document Size:	74380

22 STATE OF NEW JERSEY v. MARIANNE LAMURA -- rank: 723

... 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 , 503 ... the consequences of refusing to submit to a breath analysis. N.J.S.A. 39:4-50.2(e). 5 The Standard Statement he read from did not ... a conviction. Marquez , supra , 202 N.J. at 503 (citing N.J.S.A. 39:4-50.2 (e) , 4-50.4a(a); Wright , supra , 107 N.J ... submit to a breath analysis under the implied consent law. N.J.S.A. 39:4-50.2(a). 7 Thus, the Standard Statement's aim is not ... State v. Marquez , 202 N.J. 485 , 503 (2010) (citing N.J.S.A. 39:4-50.2(e), 4-50.4a(a); State v. Wright , 107 N ... read by the police officer to the person under arrest. [ N.J.S.A. 39:4-50.2(e).] 6 Ignition interlock devices, which permit a motor ...

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

23 STATE OF NEW JERSEY v. JENNIFER O'NEILL -- rank: 715

... headquarters for processing. While at headquarters, Officer Little, pursuant to N.J.S.A. 39:4-50.2(e), recited to defendant the New Jersey Attorney General's ... Officer Little then charged defendant with (1) Driving While Intoxicated, N.J.S.A. 39:4-50; (2) Refusing to Submit to a Breath Test, N.J.S ... the refusal charge, arguing that the State failed to satisfy N.J.S.A. 39:4-50.2(e) by not informing her of the mandatory minimum penalty ... informed of the consequences of her refusal, as required by N.J.S.A. 39:4-50.2(e). In his de novo review of the record, the ... 496 (2010)). The State's implied consent law, codified at N.J.S.A. 39:4-50.2, reads in relevant part: (a) Any person who operates a ... P.L.1992, c.189 (C.39:4-50.14). [ N.J.S.A. 39:4-50.2(a).] Moreover, the statute requires that police officers read ...

docket:	a5937-12
court:	NJ Superior Court Appellate Division
decided:	2014-04-10
status:	unpublished
citation:
Document Size:	21992

24 STATE OF NEW JERSEY v. JOSEPH MASTROMONACO -- rank: 712

... the police officer to the person under arrest.'" Ibid. (quoting N.J.S.A. 39:4-50.2(e)). The Court further explained that "the corollary question of ... S. Ct. 1602 , 16 L. Ed.2d 694 (1966). 2 N.J.S.A. 39:4-50.2(a) provides that drivers who operate motor vehicles on public ... determine the content of alcohol in [the operator's] blood." N.J.S.A. 39:4-50.2(e) provides, among other things: "The police officer shall, however ... N.J.R. 2825 (a) (Aug. 3, 2009). See also N.J.S.A. 39:4-50.2(a) (providing that Attorney General 'shall promulgate guidelines concerning the ... Vehicle Commission Standard Statement for Operators of a Motor Vehicle, N.J.S.A. 39:4-50.2(e) (rev. & eff. April 26, 2004)," is located at http ...

docket:	a5103-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-30
status:	unpublished
citation:
Document Size:	44977

25 STATE OF NEW JERSEY v. WILLIAM O'DRISCOLL -- rank: 712

... test, N.J.S.A. 39:4-50.4a and N.J.S.A. 39:4-50.2; and possessing an open container of alcohol in an automobile ... Vehicle Commission Standard Statement for Operators of a Motor Vehicle, N.J.S.A. 39:4-50.2(e), revised effective January 21, 2004 (the January 2004 Standard ... DEFENDANT POINT II THE POLICE DID NOT READ THE VALID N.J.S.A. 39:4-50.2(e) STATEMENT TO MR. O'DRISCOLL; SINCE THE REFUSAL PENALTIES ... agree that a reversal is required under the circumstances here. N.J.S.A. 39:4-50.2(a), the "Implied Consent Law," provides that any person who ... under arrest.'" Schmidt , supra , 206 N.J. at 82 (quoting N.J.S.A. 39:4-50.2(e)). The Court concluded that, to satisfy the statutory mandate ...

docket:	a4341-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-01
status:	unpublished
citation:
Document Size:	30613

26 STATE OF NEW JERSEY v. ANNE SHEARMAN -- rank: 702

... 4-50; refusal to submit to a chemical breath test, N.J.S.A. 39:4-50.2; and related motor vehicle violations. Defendant's seven-month license ...

docket:	a1780-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-21
status:	unpublished
citation:
Document Size:	55083

27 State v. John Widmaier -- rank: 699

... 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 the ... 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 motor ... 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 charge of ... the DWI statutes, the Legislature passed the “Implied Consent Law,” N.J.S.A. 39:4-50.2, which provides that any person who is arrested for driving ...

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

28 STATE OF NEW JERSEY VS. JONATHAN CRUZ -- rank: 689

... 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. 39:4-96 ... 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.gov ... 327 (2001)).2 As the Supreme Court explained when examining N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4a, the ...

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

29 STATE OF NEW JERSEY v. CHRISTOPHER CARRIGAN -- rank: 689

... 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. 39:4-96 ...

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

30 STATE OF NEW JERSEY v. THOMAS R. HOWARD, JR. -- rank: 689

... POLICE OFFICER’S FAILURE TO INFORM DR. HOWARD PURSUANT TO N. J.S.A. 39:4-50.2(d) OF HIS STATUTORY RIGHT UNDER 466 U.S. 668 ... failed to produce evidence that [defendant] was informed pursuant to N.J.S.A. 39:4-50.2(d)[,] of [his] statutory right under N.J.S.A. 39:4-50.2(c)[,] to have [a person of his own choice conduct ... prove, as an element of a per se violation under N.J.S.A. 39:4-50.2 (the Implied Consent Law) provides in pertinent part as follows ... made by a person or physician of his own selection." N.J.S.A. 39:4-50.2 does not address any "affirmative duties on the part of ...

docket:	A1383-04
court:	NJ Superior Court Appellate Division
decided:	2006-03-08
status:	published
citation:
Document Size:	32489