Search Rutgers Law Library N.J. Court Opinions

1 /usr/local/share/www/libweb/collections/courts/appellate/a2813-18.opn.html -- rank: 1000

... submit to a chemical breath test (refusal) in violation of N.J.S.A. 39:4-50.4a after his arrest for driving while under the influence of ... A. 39:4-50.2, instead of the refusal statute, N.J.S.A. 39:4-50.4a. Defendant also contends his conviction should be reversed because the ... submit to such test in accordance with' the refusal statute, N.J.S.A. 39:4-50.4a. Defendant twice refused to consent to provide the requested breath ... her] blood.' The summons charging refusal did not cite to N.J.S.A. 39:4- 50.4a, which defines the offense of refusal. Prior to trial in ... 39:4-50.2, the implied consent statute, instead of N.J.S.A. 39:4-50.4a, which defines the offense of refusal. Defendant also argued the ... to consent to a breath sample under the refusal statute, N.J.S.A. 39:4-50.4a. The court made the 'amendment pursuant to [N.J. ...

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2 State v. German Marquez -- rank: 944

... S.A. 39:4-50.2, and its refusal law, N.J.S.A. 39:4-50.4a, to determine whether the statutes require law enforcement officials to ... J.S.A. 39:4-50.2, and refusal law, N.J.S.A. 39:4-50.4a, require proof that an officer requested the motorist to submit ... reasonable doubt in order to sustain a refusal conviction under N.J.S.A. 39: 4-50.4a. She asserts that the majority's interpretation of the statutes ... submit to such a test; and (2) the refusal statute, N.J.S.A. 39:4-50.4a, which provides penalties for arrested motorists who refuse to submit ... as a refusal to submit to breath testing. According to N.J.S.A. 39:4-50.4a, if a court of law finds you guilty of refusing ... 39:4-50, refusal to submit to a breath test, N.J.S.A. 39:4-50.4a, and careless driving, N.J.S.A. 39:4- ...

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

3 STATEOF NEW JERSEY v. MINA GIRGIS -- rank: 883

... 50.2. Counsel argued that the summons should have cited N.J.S.A. 39:4-50.4a, which he asserted was the statute applicable to the charge ... summons must be dismissed because the officer failed to cite N.J.S.A. 39:4-50.4a. The judge noted that N.J.S.A. 39:4 ... the level of alcohol in his or her system, and N.J.S.A. 39:4-50.4a, which sets forth the penalties for failing to submit to ... the charge due to the officer's failure to cite N.J.S.A. 39:4-50.4a. The judge found that defendant was informed of the charge ... the penalties for refusing to submit to the breath test, N.J.S.A. 39:4-50.4a. Defendant contends N.J.S.A. 39:4-50.2 ... to submit to such test in accordance with section 2 [N.J.S.A. 39:4-50.4a] of this amendatory and supplementary act. A standard statement, ...

docket:	a1501-16
court:	NJ Superior Court Appellate Division
decided:	2018-03-02
status:	unpublished
citation:
Document Size:	36814

4 STATE OF NEW JERSEY v. PETER J. DITO -- rank: 870

... N.J.S.A. 39:4-50.2 rather than N.J.S.A. 39:4-50.4a. We reverse. On December 13, 2015, an officer of the ... N.J.S.A. 39:4-50.2 rather than N.J.S.A. 39:4-50.4a. On April 21, 2016, the municipal court judge denied defendant ... The judge stated that because the summons should have cited N.J.S.A. 39:4-50.4a. The judge concluded that the error was fatal because it ... N.J.S.A. 39:4-50.2, rather than N.J.S.A. 39:4-50.4a. The State contends the summons provided defendant with adequate notice ... N.J.S.A. 39:4-50.2 rather than N.J.S.A. 39:4-50.4a, he was deprived of his constitutional right to due process ... to submit to such test in accordance with section 2 [N.J.S.A. 39:4-50.4a] of this amendatory and supplementary act. A standard statement, ...

docket:	a2699-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-11
status:	unpublished
citation:
Document Size:	35242

5 /usr/local/share/www/libweb/collections/courts/appellate/a5496-18.opn.html -- rank: 860

... was convicted of refusal to submit to a breath test, N.J.S.A. 39:4-50.4a, and resisting arrest, N.J.S.A. 2C:29-2 ... a chemical breath A-5496-18T4 6 test pursuant to N.J.S.A 39:4-50.4a, defendant was improperly charged under N.J.S.A. 39 ... guilty plea to refusal to submit to a chemical test, N.J.S.A. 39:4-50.4a, after the municipal court judge amended the original refusal charge ... that there was an inadequate factual basis to sustain the N.J.S.A. 39:4-50.4a charge. The court also reinstated the open container and resisting ... determine the content of alcohol in [the operator's] blood.' N.J.S.A. 39:4-50.4a includes a delineated list of penalties for an operator who ... for in [N.J.S.A. 39:4-50.2].' N.J.S.A. 39:4-50.4a further provides that '[t]he municipal court shall determine ...

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6 STATE OF NEW JERSEY v. GERALD E. NUNNALLY -- rank: 854

... officer also charged him with violating the general refusal statute, N.J.S.A. 39:4-50.4a, 2 instead of the statute pertaining to refusal by a ... and may not be prosecuted under the general refusal statute, N.J.S.A. 39:4-50.4a. Therefore, we affirm the decision of the Law Division. For ... to take a breath test under the general refusal statute, N.J.S.A. 39:4-50.4a. Defendant denies that he was intoxicated, contending that his condition ... test, N.J.S.A. 39:3-10.24f and N.J.S.A. 39:4-50.4a(a), the CDL refusal statute requires proof that the arresting ... while the person was under the influence of intoxicating liquor . [ N.J.S.A. 39:4-50.4a(a) (emphasis added).] A driver is "under the influence" of ... that defendant could be prosecuted under the general refusal statute, N.J.S.A. 39:4-50.4a. We agree with the State that, in appropriate circumstances, ...

docket:	a6031-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-04
status:	published
citation:	420 N.J. Super. 58 18 A.3d 1044
Document Size:	49556

7 State v. Roger Paul Frye -- rank: 849

... conviction for refusal to submit to a breathalyzer test (refusal), N.J.S.A. 39:4-50.4a. State v. Ciancaglini , 204 N.J. 597 (2011), in which ... sentence for a subsequent refusal conviction under the refusal statute, N.J.S.A. 39:4-50.4a. 1. The paramount goal of statutory interpretation is to ascertain ... a second[, third, or subsequent] offense under this section.” N.J.S.A. 39:4-50.4a. The length of the driver’s license suspension differs depending ... “although N.J.S.A. 39:4-50 and N.J.S.A. 39:4-50.4a are both part of a statutory complex designed to rid ... and sentence for refusal to submit to a breathalyzer test, N.J.S.A. 39:4-50.4a. On May 12, 2009, defendant pled guilty to refusal to ... number of prior offenses that he or she has committed. N.J.S.A. 39:4-50.4a. The statute provides that a person convicted of refusal ...

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

8 /usr/local/share/www/libweb/collections/courts/appellate/a4496-16.opn.html -- rank: 844

... S.A. 39:4-50.2 BUT WAS SENTENCED UNDER N.J.S.A. 39:4- 50.4a. Following our review of the record, we reject this argument ... 39:4-50.2, but the conviction was entered under N.J.S.A. 39:4-50.4a,' and therefore he 'was convicted under a statute that he ... S.A. 39:4- 50.2, but was sentenced under N.J.S.A. 39:4-50.4a. When reviewing a decision on a municipal appeal to the ... to submit to such test in accordance with section 2 [ N.J.S.A. 39:4- 50.4a] of this amendatory and supplementary act. A standard statement, prepared ... the police officer to the person under arrest. In addition, N.J.S.A. 39:4-50.4a provides that 'the municipal court shall revoke the right to ... that N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4a 'nonetheless impose an obligation on officers to inform drivers ...

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court:	NJ Superior Court Law/Chancery Division
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Document Size:	21614

9 STATE OF NEW JERSEY v. PARAMJIT SINGH -- rank: 815

... Division of refusal to submit to a chemical breath test, N.J.S.A. 39:4-50.4a. We affirm. I. At about 2:45 a.m. on ... breath test. Although the refusal offense is set forth in N.J.S.A. 39:4-50.4a, the summons given to defendant listed only N.J.S ... trial, a Municipal Court judge found defendant guilty of violating N.J.S.A. 39:4-50.4a. After hearing testimony from the officers on scene, and a ... N.J.S.A. 39:4-50.2, and not N.J.S.A. 39:4-50.4a. A-0876-16T2 3 the influence of alcohol; (2) the ... of the Municipal Court and found defendant guilty of violating N.J.S.A. 39:4-50.4a. As was the case with the Municipal Court, the Law ... 50.2, but convicted of A-0876-16T2 5 violating N.J.S.A. 39:4-50.4a. Because defendant did not raise this argument in the ...

docket:	a0876-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-01
status:	Unpublished
citation:
Document Size:	25539

10 STATE OF NEW JERSEY v. ROBERT TINLI -- rank: 767

... of N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4a. Defendant was sentenced as a third-time offender under N.J.S.A. 39:4-50.4a, and he was fined $1,006, assessed $33 in costs ... the failure to submit to a breath test required under N.J.S.A. 39:4-50.4a. In addition, defendant was issued summonses charging him with the ... police testimony[.]" However, the conviction for refusal in violation of N.J.S.A. 39:4-50.4a was remanded to the municipal court for a decision in ... Stolte upheld both the conviction for refusal in violation of N.J.S.A. 39:4-50.4a and defendant's sentence as a third-time offender. Defendant ... for refusal to submit to a breath test pursuant to N.J.S.A. 39:4-50.4a because it reached its conclusions based on independent findings ...

docket:	a0484-07
court:	NJ Superior Court Appellate Division
decided:	2009-10-06
status:	unpublished
citation:
Document Size:	45472

11 STATE OF NEW JERSEY v. GEORGE KORPITA -- rank: 767

... 4-50, refusal to submit to a chemical test (refusal), N.J.S.A. 39:4-50.4a, and failure to keep right. N.J.S.A. 39 ... contentions: POINT I A First Conviction For a Violation of N.J.S.A. 39:4-50.[4a] Should Be Sentenced as a First Conviction No Matter How ... Ciancaglini , the defendant had previously been convicted of refusal under N.J.S.A. 39:4-50.4a. Id. at 600. He was subsequently convicted of DWI and ... refusal statute provides for enhanced penalties for repeat convictions. Thus, N.J.S.A. 39:4-50.4a requires the municipal court to revoke the driving privileges of ... the dissent, the Court relied on the specific language of N.J.S.A. 39:4-50.4a: [R]evocation . . . for refusing . . . shall be for 90 days unless ... fact, the Legislature's intent. Id. at 438-39. While N.J.S.A. 39:4-50.4a has been amended several times since the Court's ...

docket:	a0417-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-16
status:	unpublished
citation:
Document Size:	20803

12 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 parties in the case and its use in other cases is limited. R.1:36-3 JERSEY STATE OF NEW JERSEY -- rank: 746

... 2, the implied consent provision of the refusal statute, not N.J.S.A. 39:4-50.4a, the penalty section of the statute. The court refused to ... should have cited the penalty section of the refusal statute, N.J.S.A. 39:4-50.4a, rather than the implied consent section, N.J.S.A ... State charged him with refusal to give a breath sample, N.J.S.A. 39:4-50.4a, which supported the State's position that defendant would not ... appropriate. N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4a comprise the same substantive offense. N.J.S.A. 39 ... read by the police officer to the person under arrest. N.J.S.A. 39:4-50.4a, entitled "[r]evocation for refusal to submit to breath test ... motorists provide implied consent to provide a breath sample, and N.J.S.A. 39:4-50.4a sets forth the penalty for refusing to provide a ...

docket:	a1811-16
court:	NJ Superior Court Appellate Division
decided:	2017-04-25
status:	unpublished
citation:
Document Size:	20222

13 STATE OF NEW JERSEY v. GREGORY CLAPPER -- rank: 738

... 2011 to refusal to submit to a chemical test (refusal), N.J.S.A. 39:4-50.4a, and reckless driving, N.J.S.A. 39:4-96 ... Ciancaglini , the defendant had previously been convicted of refusal under N.J.S.A. 39:4-50.4a. Id. at 600. He was subsequently convicted of DWI and ... refusal statute provides for enhanced penalties for repeat convictions. Thus, N.J.S.A. 39:4-50.4a requires the municipal court to revoke the driving privileges of ... the dissent, the Court relied on the specific language of N.J.S.A. 39:4-50.4a: [R]evocation . . . for refusing . . . shall be for 90 days unless ... fact, the Legislature's intent. Id. at 438-39. While N.J.S.A. 39:4-50.4a has been amended several times since the Court's decision ... the language, as construed"). Since Bergwall , we have consistently interpreted N.J.S.A. 39:4-50.4a as requiring that a prior DWI conviction be deemed ...

docket:	a2338-11
court:	NJ Superior Court Appellate Division
decided:	2012-11-19
status:	unpublished
citation:
Document Size:	24948

14 State of New Jersey v. Aaron P. Schmidt -- rank: 720

... will lie. Save for penalties that may be imposed under N.J.S.A. 39:4-50.4a, the substance of the standard statement has been delegated by ... of defendant’s driving privileges and registration as required by N.J.S.A. 39:4-50.4a(a), a forty-eight hour remand to the Intoxicated Drivers ... be considered a refusal.” Applying the test embodied in N.J.S.A. 39:4-50.4a(a) -- whether the operator of a motor vehicle “refuse ... Therefore, save for the penalties that may be imposed under N.J.S.A. 39:4-50.4a, the substance of the standard statement has been delegated by ...

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

15 STATE OF NEW JERSEY v. NOEL CARRERO -- rank: 717

... was arrested for DWI and refusal to submit to testing, N.J.S.A. 39:4-50.4a, on August 30, 2019, seven days after enactment of A ... a)(1)(i), the sentencing provisions of the refusal statute, N.J.S.A. 39:4-50.4a(a)(1), were amended by L. 2019, c. 248 to ... S.A. 39:4-50(a)(1)(i) and of N.J.S.A. 39:4-50.4a(a)(1). At his January 22, 2020 sentencing, Scudieri argued ... the municipal court should apply the amended sentencing provisions of N.J.S.A. 39:4- 50.4a(a)(1), even though he committed his offense prior to ... to a suspension of his driving privileges in accordance with N.J.S.A. 39:4-50.4a, as it existed prior to the 2019 amendment. The Scudieri ... panel affirmed. As Judge Natali succinctly explained: When it amended N.J.S.A. 39:4-50.4a, the Legislature clearly stated that the new legislation would ...

docket:	a1445-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-10
status:	Unpublished
citation:
Document Size:	18798