Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. MICHELLE TOUSSAINT -- rank: 1000

... appeal raises the issue whether a defendant convicted of violating N.J.S.A. 39:3-40(e) and N.J.S.A. 39:6B-2 may ... J. 575 (2015), and unlike other provisions in Title 39, N.J.S.A. 39:3-40(e) and N.J.S.A. 39:6B-2 do ... two motor vehicle offenses, driving while her license was suspended, N.J.S.A. 39:3-40, and driving without insurance, N.J.S.A. 39:6B ... an aggregate sentence of "90 days" for the violation of N.J.S.A. 39:3-40(b) and (e). The prosecutor told the judge that "[t ... terms already discussed, a second conviction for driving while suspended, N.J.S.A. 39:3-40(b), required a sentence of between one and five days ... on the record that he interpreted the several provisions of N.J.S.A. 39:3-40 as requiring imprisonment in the county jail when a ...

docket:	a3654-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-14
status:	published
citation:	440 N.J.Super. 526 114 A.3d 1016
Document Size:	44188

2 STATE OF NEW JERSEY v. STEVEN B. WATSON, JR -- rank: 912

... vehicle during the period of license suspension in violation of [ N.J.S.A. ] 39:3-40, if the actor's license was suspended or removed for ... and the actor had previously been convicted of violating of [ N.J.S.A. ] 39:3-40 while under suspension for that first offense. A person convicted ... vehicle during the period of license suspension in violation of [ N.J.S.A. ] 39:3-40, if the actor's license was suspended or revoked for ... commits a fourth-degree crime under subsection a. by violating N.J.S.A. 39:3-40 (driving while suspended) two or more times during the period ... a first DWI or Refusal; and subsection b. by violating N.J.S.A. 39:3-40 during a period of suspension for a second or subsequent ... Refusal] and the actor had previously been convicted of violating [ N.J.S.A. ] 39:3-40 while under suspension for that first offense." Returning to ...

docket:	a1603-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-22
status:	unpublished
citation:
Document Size:	37245

3 /usr/local/share/www/libweb/collections/courts/appellate/a5077-15a5078-15a5146-15a5147-15a5160-15.opn.html -- rank: 904

... Eric Lowers, and Stephen Nolan also pleaded guilty to violating N.J.S.A. 39:3-40. The sentences for the (continued) 4 A-5077-15T3 we ... of the preceding year. In a later allocution to violating N.J.S.A. 39:3-40, he admitted he was driving on October 5. Defendant had ... found in N.J.S.A. 2C:40-26(c), N.J.S.A. 39:3-40(e) did not preclude sentence to home confinement). However, an ... of Courtney Swiderski's plea agreement, the State dismissed the N.J.S.A. 39:3-40 charge against her, which would have mandated a license suspension ... if convicted. Evidently, Elizabeth Colon was not charged with violating N.J.S.A. 39:3-40. The State did not seek her license suspension under N ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	64436

4 STATE OF NEW JERSEY v. CHRISTOPHER CARRIGAN -- rank: 899

... vehicle during the period of license suspension in violation of [ N.J.S.A. 39:3-40], if the actor's license was suspended or revoked for ... that are set forth outside of the Criminal Code in N.J.S.A. 39:3-40(f)(2), a provision that authorizes a jail term of ... S.A. 39:4-50; driving with a suspended license, N.J.S.A. 39:3-40; failure to maintain headlamps, N.J.S.A. 39:3 ... opposed to the maximum ninety-day jail sanction available under N.J.S.A. 39:3-40(f)(2). Defendant likens his circumstances to an instance where ... accurate under the law as it existed in October 2011. N.J.S.A. 39:3-40(f)(2). The judge was not required to explain to ...

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

5 STATE OF NEW JERSEY v. SAMUEL VIANA -- rank: 888

... S.A. 39:4-139.2 to -139.14. See N.J.S.A. 39:3-40(i); and (2) the State must submit a supplemental appendix ... plain language of the statute shows the Legislature expressly identified N.J.S.A. 39:3-40 to define the class of defendants subject to prosecution under ... person who, while operating a motor vehicle in violation of [ N.J.S.A.] 39:3-40 or while the person's driver's license is suspended ... third degree, in addition to any other penalties applicable under [ N.J.S.A.] 39:3-40 or any other provision of law. Upon conviction, the person ... of one year, in addition to any suspension applicable under [ N.J.S.A.] 39:3- 40 and shall be consecutive to any existing suspension or revocation ... that defendant: (1) operated a motor vehicle in violation of N.J.S.A. 39:3-40, or without ever having been issued a driver's ...

docket:	a0163-17
court:	NJ Superior Court Appellate Division
decided:	2018-08-31
status:	Unpublished
citation:
Document Size:	28430

6 State-v-Ayton -- rank: 880

... summons for driving with a suspended license, a violation of N.J.S.A. 39:3-40, and a summons for disregarding a traffic control device at ... prosecutor. He entered a plea of guilty to having violated N.J.S.A. 39:3-40 by driving while suspended. The other summons was dismissed as ... was to be sentenced as a third offender pursuant to N.J.S.A. 39:3-40(c) which, in addition to other penalties, calls for a ... e.: “May the term of imprisonment set forth in N.J.S.A. 39:3-40 ( c ) for persons 3 convicted a third or subsequent time of violating the provisions of N.J.S.A. 39:3-40 be served in a S.L.A.P. program?â ... of offenses. It is instructive to read the language of N.J.S.A. 39:3-40 in pari materia with N.J.S.A. 39: ...

docket:	1904-BT-035828
court:	NJ Superior Court Law/Chancery Division
decided:	2011-09-13
status:
citation:	427 N.J.Super. 493 48 A.3d 1213
Document Size:	21073

7 /usr/local/share/www/libweb/collections/courts/appellate/a2533-13.opn.html -- rank: 877

... 2012. Perry was issued a summons for driving while suspended, N.J.S.A. 39:3-40, on the day before his DWI and refusal suspension term ... suspension imposed by the municipal court" in the context of N.J.S.A. 39:3-40. Zalta , supra , 217 N.J. Super. at 213. That defendant ... the phrase, "during the period of [] suspension," as found in N.J.S.A. 39:3-40, to mean he or she would know his license was ...

docket:
court:	superior court trial
decided:
status:
citation:
Document Size:	55014

8 /usr/local/share/www/libweb/collections/courts/appellate/a1770-13.opn.html -- rank: 877

... 2012. Perry was issued a summons for driving while suspended, N.J.S.A. 39:3-40, on the day before his DWI and refusal suspension term ... suspension imposed by the municipal court" in the context of N.J.S.A. 39:3-40. Zalta , supra , 217 N.J. Super. at 213. That defendant ... the phrase, "during the period of [] suspension," as found in N.J.S.A. 39:3-40, to mean he or she would know his license was ...

docket:
court:	superior court trial
decided:
status:
citation:
Document Size:	55014

9 /usr/local/share/www/libweb/collections/courts/appellate/a1769-13.opn.html -- rank: 877

... 2012. Perry was issued a summons for driving while suspended, N.J.S.A. 39:3-40, on the day before his DWI and refusal suspension term ... suspension imposed by the municipal court" in the context of N.J.S.A. 39:3-40. Zalta , supra , 217 N.J. Super. at 213. That defendant ... the phrase, "during the period of [] suspension," as found in N.J.S.A. 39:3-40, to mean he or she would know his license was ...

docket:
court:	superior court trial
decided:
status:
citation:
Document Size:	55014

10 /usr/local/share/www/libweb/collections/courts/appellate/a2536-13.opn.html -- rank: 877

... 2012. Perry was issued a summons for driving while suspended, N.J.S.A. 39:3-40, on the day before his DWI and refusal suspension term ... suspension imposed by the municipal court" in the context of N.J.S.A. 39:3-40. Zalta , supra , 217 N.J. Super. at 213. That defendant ... the phrase, "during the period of [] suspension," as found in N.J.S.A. 39:3-40, to mean he or she would know his license was ...

docket:
court:	superior court trial
decided:
status:
citation:
Document Size:	55014

11 /usr/local/share/www/libweb/collections/courts/appellate/a1768-13.opn.html -- rank: 877

... 2012. Perry was issued a summons for driving while suspended, N.J.S.A. 39:3-40, on the day before his DWI and refusal suspension term ... suspension imposed by the municipal court" in the context of N.J.S.A. 39:3-40. Zalta , supra , 217 N.J. Super. at 213. That defendant ... the phrase, "during the period of [] suspension," as found in N.J.S.A. 39:3-40, to mean he or she would know his license was ...

docket:
court:	superior court trial
decided:
status:
citation:
Document Size:	55014

12 /usr/local/share/www/libweb/collections/courts/appellate/a2531-13.opn.html -- rank: 877

... 2012. Perry was issued a summons for driving while suspended, N.J.S.A. 39:3-40, on the day before his DWI and refusal suspension term ... suspension imposed by the municipal court" in the context of N.J.S.A. 39:3-40. Zalta , supra , 217 N.J. Super. at 213. That defendant ... the phrase, "during the period of [] suspension," as found in N.J.S.A. 39:3-40, to mean he or she would know his license was ...

docket:
court:	superior court trial
decided:
status:
citation:	439 N.J.Super. 514 110 A.3d 122
Document Size:	55183

13 STATE OF NEW JERSEY v. IDRIS R. PERRY -- rank: 872

... 2012. Perry was issued a summons for driving while suspended, N.J.S.A. 39:3-40, on the day before his DWI and refusal suspension term ... suspension imposed by the municipal court" in the context of N.J.S.A. 39:3-40. Zalta , supra , 217 N.J. Super. at 213. That defendant ... the phrase, "during the period of [] suspension," as found in N.J.S.A. 39:3-40, to mean he or she would know his license was ...

docket:	a1770
court:	NJ Superior Court Appellate Division
decided:	2015-03-03
status:	published
citation:
Document Size:	55578

14 STATE OF NEW JERSEY v. IDRIS R. PERRY -- rank: 872

... 2012. Perry was issued a summons for driving while suspended, N.J.S.A. 39:3-40, on the day before his DWI and refusal suspension term ... suspension imposed by the municipal court" in the context of N.J.S.A. 39:3-40. Zalta , supra , 217 N.J. Super. at 213. That defendant ... the phrase, "during the period of [] suspension," as found in N.J.S.A. 39:3-40, to mean he or she would know his license was ...

docket:	a1767
court:	NJ Superior Court Appellate Division
decided:	2015-03-03
status:	published
citation:
Document Size:	55578

15 STATE OF NEW JERSEY v. IDRIS R. PERRY -- rank: 872

... 2012. Perry was issued a summons for driving while suspended, N.J.S.A. 39:3-40, on the day before his DWI and refusal suspension term ... suspension imposed by the municipal court" in the context of N.J.S.A. 39:3-40. Zalta , supra , 217 N.J. Super. at 213. That defendant ... the phrase, "during the period of [] suspension," as found in N.J.S.A. 39:3-40, to mean he or she would know his license was ...

docket:	a2533
court:	NJ Superior Court Appellate Division
decided:	2015-03-03
status:	published
citation:
Document Size:	55578