Search Rutgers Law Library N.J. Court Opinions

1 State v. Reynold Regis -- rank: 1000

... for a unanimous Court. In this appeal the Court considers N.J.S.A. 39:4-88(b), which provides that on a roadway “divided into ... The issue is whether the first and second clauses of N.J.S.A. 39:4-88(b) identify two separate, independent offenses or combine to describe ... which conducted a de novo review of the facts. Construing N.J.S.A. 39:4-88(b) to incorporate two independent offenses, the Law Division concluded ... reversed the determination of the Law Division with respect to N.J.S.A. 39:4-88(b). The Appellate Division held that the two clauses of ... can be conducted safely. Although it did not find that N.J.S.A. 39:4-88(b) was ambiguous, the panel nonetheless invoked the rule of lenity to construe N.J.S.A. 39:4-88(b) in Regis’ favor, citing a divide in the ...

docket:	A-81-10
court:	NJ Supreme Court
decided:	2011-12-14
status:
citation:
Document Size:	65769

2 STATE OF NEW JERSEY v. STEVEN STRAUSS -- rank: 703

... the municipal court record and found defendant guilty of violating N.J.S.A. 39:4-88(b). Defendant contends that offense does not apply to vehicles ... Both judges found defendant's conduct constituted a violation of N.J.S.A. 39:4-88(b). Defendant raises the following contentions for our consideration: THE ... GUILTY OF UNSAFE LANE A-0597-22 2 CHANGE [UNDER] N.J.S.A. 39:4-88(B) BECAUSE THE STATUTE DOESN'T APPLY TO HIS ACTIONS. EVEN IF N.J.S.A. 39:4-88(B) WAS FOUND TO APPLY IN THIS INSTANCE, THE DEFENDANT ... Perm. v. Y.N., 220 N.J. 165, 177 (2014). N.J.S.A. 39:4-88(b) provides in pertinent part: When a roadway has been ... capable of being accomplished; feasible'). Unlike the second clause of N.J.S.A. 39:4-88(b), the first clause is not limited to the ...

docket:	a0597-22
court:	NJ Superior Court Appellate Division
decided:	2023-10-27
status:	Unpublished
citation:
Document Size:	20223

3 STATE OF NEW JERSEY v. RAYMOND N. BOBEA -- rank: 691

... was issued a summons, i.e., changing lanes without signaling, N.J.S.A. 39:4-88(b). Following oral argument, the motion judge reserved decision and ... that his actions may have affected traffic in violation of N.J.S.A. 39:4-88(b). Defendant further argues the judge erroneously read N.J.S.A. 39:4-88(b) in pari materia with N.J.S.A. 39 ... 1994). A-2031-20 11 The traffic regulations embodied in N.J.S.A. 39:4-88 apply '[w]hen a roadway has been divided into clearly ... first ascertained that the movement can be made with safety.' N.J.S.A. 39:4-88(b); see also State v. Regis, 208 N.J. 439 ... 2011). In Regis, our Supreme Court analyzed the construction of N.J.S.A. 39:4- 88(b), in view of its legislative history, and determined ...

docket:	a2031-20
court:	NJ Superior Court Appellate Division
decided:	2023-04-10
status:	Unpublished
citation:
Document Size:	35028

4 STATE OF NEW JERSEY v. JOHNNY CRUZ -- rank: 642

... 39:4-50, and failure to observe a marked lane, N.J.S.A. 39:4-88. The judge sentenced defendant as a second-time DWI offender ... from the right shoulder of the roadway, in violation of N.J.S.A. 39:4-88(b), thereby justifying the stop. We affirm defendant's DWI ... maintain his vehicle within the marked lane, as required by N.J.S.A. 39:4-88(b). In particular, the municipal court judge noted that while ... of time . . . ." The judge concluded that defendant's violation of N.J.S.A. 39:4-88(b) authorized Officer Petruzziello to effectuate the stop of defendant ... to suppress. The judge also found defendant guilty of violating N.J.S.A. 39:4-88(b). After some brief additional testimony from Officer Petruzziello, defendant ... and articulable suspicion of a violation." The judge noted that N.J.S.A. 39:4-88(b) requires a driver to drive, as nearly as ...

docket:	a3673-08
court:	superior court appellate division
decided:	2010-12-29
status:	unpublished
citation:
Document Size:	20247

5 State of New Jersey v. Aaron P. Schmidt -- rank: 623

... 39:4-50; failure to maintain lane, in violation of N.J.S.A. 39:4-88; careless driving, in violation of N.J.S.A. 39 ...

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

6 STATE OF NEW JERSEY v. KRYA HARRISON -- rank: 618

... 97.2; (3) failure to maintain travel on marked lanes, N.J.S.A. 39:4- 88; (4) failure to provide clearance for authorized emergency vehicles, N ... A. 39:4- 91; (6) obstructing the passage of vehicles, N.J.S.A. 39:4-88(b); (7) reckless driving, N.J.S.A. 39:4 ... J.S.A. 39:3-66; (9) unsafe lane change, N.J.S.A. 39:4-88(b); (10) improper passing, N.J.S.A. 39:4- 85; (11) failure to keep right, N.J.S.A. 39:4-88(a); (12) failure to produce A-1082-18T4 5 driver ... to the right. As for obstructing the passage of vehicles, N.J.S.A. 39:4-88(b), the judge found defendant guilty, finding it 'was clear ...

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

7 State of New Jersey v. James J. Revie -- rank: 616

... J.S.A. 39:4-82; failure to maintain lane, N.J.S.A. 39:4-88; reckless driving, N.J.S.A. 39:4-96; careless ...

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

8 STATE OF NEW JERSEY v. REYNOLD REGIS -- rank: 599

... no danger to other vehicles. He examined both parts of N.J.S.A. 39:4-88 and determined that the second A-6142-08T4 6 prong ... first ascertained that the movement can be made with safety. [N.J.S.A. 39:4-88(b).] The issue in this case is whether the two ... we disapprove Woodruff and conclude that the offense proscribed by N.J.S.A. 39:4-88(b) is failing to maintain a lane of travel by ...

docket:	a6142-08
court:	superior court appellate division
decided:	2010-09-08
status:	unpublished
citation:
Document Size:	41803

9 STATE OF NEW JERSEY v. MARGARET KLEINMAN -- rank: 566

... failing to maintain her lane while driving in Hackensack. See N.J.S.A. 39:4-88. On September 8, she appeared pro se, entered a not ... events culminating in the issuance of the summons for violating N.J.S.A. 39:4-88. She stated that there was "no factual basis" for her ... she never expressed a willingness to stand trial for violating N.J.S.A. 39:4-88 had the motion been granted. It also argues that defendant ... to defendant, the judge seemingly defined an offense prohibited by N.J.S.A. 39:4-88. Defendant's perfunctory response, i.e., that she understood the ... violation of certain sections of the Motor Vehicle Laws, including N.J.S.A. 39:4-88 and 39:4-116. The additional $6 is permitted pursuant ...

docket:	a4593-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-28
status:	unpublished
citation:
Document Size:	25016

10 STATE OF NEW JERSEY v. MARIANNE LAMURA -- rank: 563

... A. 39:4-50.4a, and failure to keep right, N.J.S.A. 39:4-88(a), and further denying her motion for a new trial ... THE OFFENSE OF FAILURE TO KEEP RIGHT, IN VIOLATION OF N.J.S.A. 39:4-88. POINT III THE TRIAL COURT COMMITTED REVERSIBLE ERROR IN FAILING ... beyond a reasonable doubt that she failed to keep right. N.J.S.A. 39:4-88(a) requires that "[a] vehicle shall normally be driven in ...

docket:	a1020-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-13
status:	unpublished
citation:
Document Size:	39659

11 STATE OF NEW JERSEY v. MARK DAVID CARLSON -- rank: 559

... S.A. 39:4-82, failure to maintain a lane, N.J.S.A. 39:4-88(b), and reckless driving, N.J.S.A. 39:4 ... A. 39:4-82 1 , failure to maintain a lane, N.J.S.A. 39:4-88(b) 2 , and reckless driving, N.J.S.A. 39 ... first ascertained that the movement can be made with safety." N.J.S.A. 39:4-88(b). 3 These documents are (1) the most recent calibration ...

docket:	a0772-10
court:	NJ Superior Court Appellate Division
decided:	2011-09-14
status:	unpublished
citation:
Document Size:	57792

12 /usr/local/share/www/libweb/collections/courts/appellate/a5726-17.opn.html -- rank: 552

... 96; and failure to maintain A-5726-17T4 2 lanes, N.J.S.A. 39:4-88(b). The municipal court judge merged the failure to maintain ... to maintain lane in A-5726-17T4 4 violation of N.J.S.A. 39:4-88(b)2 and to determine whether the driver was under ... needed to review his police report to refresh his 2 N.J.S.A. 39:4-88(b) provides: When a roadway has been divided into clearly ...

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court:
decided:
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Document Size:	21171

13 STATE OF NEW JERSEY v. SCOTT ROBERTSON -- rank: 549

... 4-50, as well as failure to maintain a lane, N.J.S.A. 39:4-88(b), and reckless driving, N.J.S.A. 39:4 ... fifteen days on the failure to maintain a lane charge, N.J.S.A. 39:4-88(b); plus up to forty-eight hours in the IDRC ...

docket:	a0296-13
court:	NJ Superior Court Appellate Division
decided:	2014-11-14
status:	published
citation:	438 N.J.Super. 47 102 A.3d 381
Document Size:	77917

14 STATE OF NEW JERSEY v. MALICK THIOUBOU -- rank: 545

... 4(a); failure to maintain travel on a marked lane, N.J.S.A. 39:4-88; and disorderly person obstructing administration of law, N.J.S ... J.S.A. 39:4-96; failure to maintain lanes, N.J.S.A. 39:4-88(b); improper tinted windows, N.J.S.A. 39:3 ... maintain a driver's lane is a discrete violation of N.J.S.A. 39:4-88(b). 208 N.J. 439, 442 (2011). Moreover, a traffic ...

docket:	a0716-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-20
status:	Unpublished
citation:
Document Size:	29497

15 STATE OF NEW JERSEY v. VINCENT BERNARD -- rank: 540

... J.S.A. 39:4-50; failure to maintain lane, N.J.S.A. 39:4-88(b); refusal to submit, N.J.S.A. 39:4 ... 1996)).] In Regis , the Court interpreted the first clause of N.J.S.A. 39:4-88(b) as meaning drivers have an affirmative duty to stay ... not feasible to do so. . . . Moreover, the first clause of N.J.S.A. 39:4-88(b) is not limited to circumstances in which the deviation ... the violation. . . . By the terms of the first clause of N.J.S.A. 39:4-88(b), the mandate to drive within a single lane to ... had reason for heightened concern, either under a reading of N.J.S.A. 39:4-88(b) in accord with Regis , or under a community caretaking ...

docket:	a4363-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-19
status:	unpublished
citation:
Document Size:	15272