Search Rutgers Law Library N.J. Court Opinions

1 State v. Kirby Lenihan -- rank: 1000

... protect the public health and safety” within the meaning of N.J.S.A. 2C:40-18. That motion was denied by the trial court. As a ... to protect the public health and safety” as stated in N.J.S.A. 2C:40-18. Moreover, the panel held that the statutory language of N.J.S.A. 2C:40-18 is not unconstitutionally vague as applied. Id. at 511, 514 ... scope. The Court thus finds that the language included in N.J.S.A. 2C:40-18 -- making it an offense “to knowingly violate[] a law ... A. 2C:40-18b is unconstitutionally vague. Defendant concedes that N.J.S.A. 2C:40-18 is not facially unconstitutional, but she argues that she was ... the Seat Belt Law would subject her to prosecution under N.J.S.A. 2C:40-18. However, defendant admitted that her passenger, K.G., was ...

docket:	A-45-12
court:	NJ Supreme Court
decided:	2014-09-18
status:
citation:	219 N.J. 251 98 A.3d 533
Document Size:	81798

2 STATE OF NEW JERSEY v. KIRBY LENIHAN -- rank: 906

... serve as a predicate offense to support a conviction under N.J.S.A. 2C:40-18(b), which proscribes knowingly violating a law or failing to ... serious bodily injury. Defendant appeals her plea-bargained conviction under N.J.S.A. 2C:40-18(b), arguing the law is unconstitutionally vague and the seat ... public safety law and recklessly causing K.G.'s death, N.J.S.A. 2C:40-18(a) (count one); second-degree vehicular homicide, N.J.S ... protect the public health and safety within the meaning of N.J.S.A. 2C:40-18. On October 19, 2010, the trial court denied defendant's ... reduced charge alleged defendant recklessly caused her serious bodily injury. N.J.S.A. 2C:40-18 (b). Count two of the indictment and the charge of ... 3-76.2f cannot serve as a predicate offense under N.J.S.A. 2C:40-18. The defendant entered a guilty plea to the amended ...

docket:	a4667-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-13
status:	published
citation:	427 N.J.Super. 499 49 A.3d 415
Document Size:	51796