Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. ELLIOTT MALONE -- rank: 1000

... charge of improper use of a cell phone while driving, N.J.S.A. 39:4-97.3. Although the Law Division judge found that defendant's ... s conclusion that such conduct necessarily constitutes a violation of N.J.S.A. 39:4-97.3, and therefore reverse defendant's conviction. I. On April ... device, the municipal court judge found defendant guilty of violating N.J.S.A. 39:4-97.3. The judge imposed a $106 fine and $33 in ... court entitled him to the dismissal of the charge; 3) N.J.S.A. 39:4-97.3 is unconstitutionally vague; 4) the judge's analysis of ... telephone or the electronic communication device is used hands-free . . . . [ N.J.S.A. 39:4-97.3(a) (emphasis added).] The statute defines "use" to "include ... to "activate, deactivate, or initiate a function of the telephone," N.J.S.A. 39:4-97.3(a), and that this activity may lawfully entail ...

docket:	a6176-09
court:	NJ Superior Court Appellate Division
decided:	2011-04-12
status:	unpublished
citation:
Document Size:	35957

2 STATE OF NEW JERSEY v. MICHELANGELO TROISI, -- rank: 854

... guilty finding against him in Princeton Municipal Court for violating N.J.S.A. 39:4-97.3, use of hands-free and hand-held wireless communication ... Law Division's interpretation of what constitutes impermissible conduct under N.J.S.A. 39:4-97.3 was correct and there is sufficient credible evidence in ... ultimate destination. Officer Strobel issued defendant a citation for violating N.J.S.A. 39:4-97.3. Defendant challenged the citation in Princeton Municipal Court. At ... s testimony credible and concluded that defendant's conduct violated N.J.S.A. 39:4-97.3. The court imposed a $206 fine and court costs ... his actions were within the scope of activity permitted by N.J.S.A. 39:4-97.3, enacted in 2007, because he was 'engaging in [an] activation process . . . within the plain meaning of the statute[.]' N.J.S.A. 39:4-97.3 governs the use of hands-free and hand- ...

docket:	a1324-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-09
status:	Published
citation:
Document Size:	22934

3 STATE OF NEW JERSEY v. KRYA HARRISON -- rank: 851

... vehicles, N.J.S.A. 39:4-67; careless driving, N.J.S.A. 39:4-97; and unsafe operation of a vehicle, N.J.S.A. 39:4-97.2. Defendant appeals from the judgment of conviction entered on ... a total of thirteen motor vehicle offenses: (1) careless driving, N.J.S.A. 39:4-97; (2) unsafe operation of a vehicle, N.J.S.A. 39:4-97.2; (3) failure to maintain travel on marked lanes, N ... rights or safety of others, but did constitute careless driving, N.J.S.A. 39:4-97, finding A-1082-18T4 6 her guilty of that charge ... judge found defendant guilty of unsafe operation of a vehicle, N.J.S.A. 39:4-97.2, based on the credible testimony of Trooper Castro, ...

docket:	a1082-18
court:	NJ Superior Court Appellate Division
decided:	2020-01-08
status:	Unpublished
citation:
Document Size:	21361

4 CARMELA A. CUCCURULLO v. ESMIRA GALINSKY -- rank: 823

... The judge did include a charge as to careless driving, N.J.S.A. 39:4-97, as to both defendant and the phantom driver, but no ... defendant and the phantom vehicle's obligations in accord with N.J.S.A. 39:4-97. The trial judge, in declining the charge, specifically stated: The ... the judge's refusal to charge the careless driving statute, N.J.S.A. 39:4-97, as to plaintiff was not error. Defendant argues that each ... and with respect to plaintiff, it was defendant's vehicle. N.J.S.A. 39:4-97 provides: A person who drives a vehicle carelessly, or without ...

docket:	a0233-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-02-05
status:	unpublished
citation:
Document Size:	112698

5 CARMELA A. CUCCURULLO v. ESMIRA GALINSKY -- rank: 823

... The judge did include a charge as to careless driving, N.J.S.A. 39:4-97, as to both defendant and the phantom driver, but no ... defendant and the phantom vehicle's obligations in accord with N.J.S.A. 39:4-97. The trial judge, in declining the charge, specifically stated: The ... the judge's refusal to charge the careless driving statute, N.J.S.A. 39:4-97, as to plaintiff was not error. Defendant argues that each ... and with respect to plaintiff, it was defendant's vehicle. N.J.S.A. 39:4-97 provides: A person who drives a vehicle carelessly, or without ...

docket:	a1345-08
court:	New Jersey Superior Court Appellate Division
decided:	2010-02-05
status:	unpublished
citation:
Document Size:	112705

6 State v. German Marquez -- rank: 814

... J.S.A. 39:4-50.4a, and careless driving, N.J.S.A. 39:4-97. At a trial in Plainfield Municipal Court on December 18 ...

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

7 State of New Jersey v. Aaron P. Schmidt -- rank: 814

... S.A. 39:4-88; careless driving, in violation of N.J.S.A. 39:4-97; and possession of an expired insurance card, in violation of ...

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

8 State of New Jersey v. James J. Revie -- rank: 804

... driving, N.J.S.A. 39:4-96; careless driving, N.J.S.A. 39:4-97; and speeding, N.J.S.A. 39:4-98. Following ...

docket:	A-31-13
court:	NJ Supreme Court
decided:	2014-12-17
status:
citation:	220 N.J. 126 104 A.3d 221
Document Size:	80476

9 State v. Roger Paul Frye -- rank: 804

... J.S.A. 39:4-50.4a, and reckless driving, N.J.S.A. 39:4-97. Earlier that evening, Sergeant Sack of the Haddon Heights Police ... N.J.S.A. 39:4-50, and reckless driving, N.J.S.A. 39:4-97, offenses on the basis that there were “significant issues ...

docket:	A-30-12
court:	NJ Supreme Court
decided:	2014-06-03
status:
citation:
Document Size:	83841

10 HINA K. PATEL v. NEW JERSEY MOTOR VEHICLE COMMISSION -- rank: 789

... by WINKELSTEIN, J.A.D. In 2000, New Jersey enacted N.J.S.A. 39:4-97.2, making it unlawful to operate a motor vehicle in ... Motor Vehicle Commission (MVC) until "a third or subsequent offense." N.J.S.A. 39:4-97.2d. The statute also provides relief from the assessment of ... motor vehicle penalty points under subsection d. of this section." N.J.S.A. 39:4-97.2e. The MVC disagrees, arguing that the relief from the assessment of points afforded by N.J.S.A. 39:4-97.2e. applies only when the five-year gap occurs after ... that latter assessment that appellant appeals. The unsafe driving statute, N.J.S.A. 39:4-97.2, states: a. Notwithstanding any other provision of law to ... no points, for the first and second unsafe driving convictions. N.J.S.A. 39:4-97.2b., c. Subsection d. states that upon conviction of ...

docket:	a2911-07
court:	NJ Superior Court Appellate Division
decided:	2008-10-14
status:	published
citation:	403 N.J.Super. 373 958 A.2d 481
Document Size:	32845

11 Hina K. Patel v. New Jersey Motor Vehicle Commission -- rank: 786

... points for a third or subsequent offense in violation of N.J.S.A. 39:4-97.2, driving in an unsafe manner likely to endanger a ... panel observed that 198 N.J. 474 (2009). HELD : Under N.J.S.A. 39:4-97.2 makes it unlawful for any person to drive a ... in addition to fines, for "a third or subsequent offense." N.J.S.A. 39:4-97.2. Based on the timing of her violations she contested ... N.J.S.A. 17:29A-35(b)(2)(a)]. [ N.J.S.A. 39:4-97.2.] The MVC interpreted the statute to require that Patel ... 39:4-96, as well as a careless driving statute, N.J.S.A. 39:4-97. Absent the five-year exception, the scheme demonstrates a legislative ...

docket:	a-86-08
court:	supreme
decided:	2009-11-10
status:
citation:
Document Size:	64727

12 Hina K. Patel v. New Jersey Motor Vehicle Commission -- rank: 786

... points for a third or subsequent offense in violation of N.J.S.A. 39:4-97.2, driving in an unsafe manner likely to endanger a ... panel observed that 198 N.J. 474 (2009). HELD : Under N.J.S.A. 39:4-97.2 makes it unlawful for any person to drive a ... in addition to fines, for "a third or subsequent offense." N.J.S.A. 39:4-97.2. Based on the timing of her violations she contested ... N.J.S.A. 17:29A-35(b)(2)(a)]. [ N.J.S.A. 39:4-97.2.] The MVC interpreted the statute to require that Patel ... 39:4-96, as well as a careless driving statute, N.J.S.A. 39:4-97. Absent the five-year exception, the scheme demonstrates a legislative ...

docket:	a-86-08
court:	supreme
decided:	2009-11-10
status:
citation:
Document Size:	64785

13 State v. Diana M. Palma -- rank: 783

... be considered when sentencing a person to careless driving under N.J.S.A. 39:4-97. Defendant was not under the influence at the time of the accident. She received citations for careless driving, N.J.S.A. 39:4-97, and failure to yield to a pedestrian, N.J.S ... driving statute. Here, defendant pleaded guilty to careless driving under N.J.S.A. 39:4-97, a statute that similarly provides considerable discretion to a sentencing ... He issued motor vehicle citations to defendant for careless driving, N.J.S.A. 39:4-97, and failure to yield to a pedestrian, N.J.S ... a person or property, shall be guilty of careless driving. [ N.J.S.A. 39:4-97.] In New Jersey, custodial sentences for criminal and quasi-criminal ...

docket:	A-41-12
court:	NJ Supreme Court
decided:	2014-09-30
status:
citation:	219 N.J. 584 99 A.3d 806
Document Size:	66937

14 /usr/local/share/www/libweb/collections/courts/appellate/a2813-18.opn.html -- rank: 767

... N.J.S.A. 39:3-33; and careless driving, N.J.S.A. 39:4-97. The officer also charged defendant with refusal in violation of ...

docket:
court:
decided:
status:
citation:
Document Size:	32654

15 State v. Manaf Stas -- rank: 767

... 0.15%. Sergeant Vanderhook issued him summonses for careless driving, N.J.S.A. 39:4-97, DWI, N.J.S.A. 39:4-50(a), and ...

docket:	A-14-11
court:	NJ Supreme Court
decided:	2012-09-12
status:
citation:	212 N.J. 37 50 A.3d 632
Document Size:	86572