Search Rutgers Law Library N.J. Court Opinions

31 STATE OF NEW JERSEY v. JANET MANISERA -- rank: 687

... Standard Statement for Operators of a Motor Vehicle [pursuant to] N.J.S.A. 39:4-50.2(e)," effective April 26, 2004, which advised her that her ... and (4) defendant thereafter refused to submit to the test. N.J.S.A . 39:4-50.2(e), 39:4-50.4a(a); [ State v. Wright , 107 ... Marquez , 202 N.J. 485 , 503 (2010) (emphasis added).] Specifically, N.J.S.A. 39:4-50.2(e) requires the police to "inform the person arrested of ...

docket:	a0491-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-19
status:	unpublished
citation:
Document Size:	39963

32 STATE OF NEW JERSEY v. ALIBEK SHAYMARDANOV -- rank: 682

... 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 and ...

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status:	unpublished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

33 STATE OF NEW JERSEY v. NICOLE ALLAN -- rank: 682

... 39:4-50 (DWI); refusal to submit a breath sample, N.J.S.A. 39:4-50.2 (refusal); and reckless driving, N.J.S.A. 39:4 ... Vehicle Commission Standard Statement for Operators of a Motor Vehicle, N.J.S.A. 39:4-50.2(e) (Standard Statement). Fisler testified that prior to reading the ... following argument for our consideration: THE ALLEGATION THAT DEFENDANT VIOLATED N.J.S.A. 39:4-50.2 CANNOT BE SUBSTANTIATED BY THE EVIDENCE PRESENTED BELOW, THEREBY WARRANTING ... 366 , 378 (1995). Under New Jersey's Implied Consent Law, N.J.S.A. 39:4-50.2, "[a]ny person who operates a motor vehicle on any ... blood[.]" Failure of a person to act in accordance with N.J.S.A. 39:4-50.2 can result in prosecution for refusing to submit to a ... is made in accordance with the provisions of this act[.]" N.J.S.A. 39:4-50.2. Subparagraph (e) requires the police officer to "inform the ...

docket:	a5507-10
court:	NJ Superior Court Appellate Division
decided:	2012-09-12
status:	unpublished
citation:
Document Size:	21988

34 STATE OF NEW JERSEY v. GORDON ODIRA -- rank: 676

... 39:4-50; refusing to submit to a breath test, N.J.S.A. 39:4-50.2; reckless driving, N.J.S.A. 39:4-96, later ... dismiss the refusal complaint. Rather, the dismissal of that 1 N.J.S.A. 39:4-50.2(e) requires the reading of a uniform statement promulgated by ...

docket:	a3012-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-12
status:	Unpublished
citation:
Document Size:	30032

35 STATE OF NEW JERSEY v. HENRY ARATOW -- rank: 676

... charged with DWI, refusal to submit to a breath sample, N.J.S.A. 39:4-50.2, and making an improper left hand turn, N.J.S ...

docket:	a0892-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-05
status:	unpublished
citation:
Document Size:	30870

36 STATE OF NEW JERSEY v. KOLE AKINOLA -- rank: 671

... Standard Statement for Operators of a Motor Vehicle (standard statement), N.J.S.A. 39:4-50.2(e). Defendant did not respond to the officer's questions ... 39:4-50; refusal to submit to a breathalyzer test, N.J.S.A. 39:4-50.2; leaving the scene of an accident, N.J.S.A ...

docket:	a0166-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-02
status:	unpublished
citation:
Document Size:	31028

37 STATE OF NEW JERSEY v. RICHARD D. LORA -- rank: 671

... 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. 39:3 ... tests to determine the content of alcohol in his blood.' N.J.S.A. 39:4- 50.2(a). Refusal is 'a separate and distinct offense from [the ... of the consequences of refusing to submit to such test.' N.J.S.A. 39:4-50.2(e). Defendant's contention that he cannot be found guilty ...

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

38 STATE OF NEW JERSEY v. DENISE R. FLAHERTY -- rank: 671

... 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 MANDATORY ... 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. 39:4 ... in violation of [N.J.S.A. 39:4-50] . . . . [N.J.S.A. 39:4-50.2(a).] 'The police officer shall . . . inform the person arrested of ... officer to the person under A-0826-18T4 7 arrest.' N.J.S.A. 39:4-50.2(e). In 2009, the responsibility for the promulgation of the ... to the test. [Marquez, 202 N.J. at 503 (citing N.J.S.A. 39:4- 50.2(e); N.J.S.A. 39:4-50.4a).] Currently ...

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

39 State of New Jersey v. John R. Cummings -- rank: 669

... order of conviction incorrectly identify the governing statutory reference as N.J.S.A. 39:4-50.2, the implied consent section of the driving while intoxicated provisions ...

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

40 STATE OF NEW JERSEY v. DONALD LESSER -- rank: 666

... police headquarters, defendant was read the Standard Statement authorized by N.J.S.A. 39:4-50.2(e). 1 Defendant declined to submit to the breathalyzer test ... charged with refusal to consent to provide a breath sample, N.J.S.A. 39:4-50.2. 2 Defendant entered a guilty plea to the DWI charge ... mandatory minimum seven-month license suspension. The implied consent law, N.J.S.A. 39:4-50.2(a), sets the framework for this argument, as it establishes ... read by the police officer to the person under arrest. [ N.J.S.A. 39:4-50.2(e).] The focus of the appeal in State v. Schmidt ... to defendant. Although this satisfies the legislative intent expressed in N.J.S.A. 39:4-50.2(e), we nevertheless consider – and reject – defendant's ... that the [Standard Statement] be read." Id. at 476 (citing N.J.S.A . 39:4-50.2(e)). The Court explicitly refrained from expressing an opinion ...

docket:	a4162-13
court:	NJ Superior Court Appellate Division
decided:	2015-06-29
status:	unpublished
citation:
Document Size:	20573

41 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 STATE OF NEW JERSEY v. GREGORY TANASHIAN -- rank: 664

... operating a motor vehicle in violation' of the DWI statute. N.J.S.A. 39:4-50.2; see also Strelecki v. Coan, 97 N.J. Super. 279 ...

docket:	a0623-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-03
status:	unpublished
citation:
Document Size:	63349

42 STATE OF NEW JERSEY v. ARTHUR RYAN KUREK -- rank: 664

... for refusal to submit to an Alcotest in violation of N.J.S.A. 39:4-50.2 and reckless driving in violation of N.J.S.A ... 4-50 (DWI), refusing to submit to a breath test, N.J.S.A. 39:4-50.2 (refusal), and reckless driving, N.J.S.A. 39:4 ...

docket:	a5839-13
court:	NJ Superior Court Appellate Division
decided:	2016-06-01
status:	unpublished
citation:
Document Size:	40192

43 STATE OF NEW JERSEY v. JOHN THOMPSON -- rank: 664

... 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 statutory ... 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 to ...

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

44 STATE OF NEW JERSEY v. ANSHU PATHAK -- rank: 661

... 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. 39:3-40 ...

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

45 MICHAEL LANG v. CITY OF JERSEY CITY DEPUTY POLICE -- rank: 658

... was charged with refusal to submit to a breath test, N.J.S.A. 39:4-50.2. The male assailant was charged with simple assault. In an ...

docket:	a0654-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-04
status:	unpublished
citation:
Document Size:	117126