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 Results for ("N.J.S.A. 39:4-50")   1 to 15 of 1272 results. Run time: 0.743 seconds | Search time: 0.736 seconds    
 Page:1 2 3 4 5 6 7 8 9 10 85 Next 15
1 State of New Jersey v. James J. Revie -- rank: 1000
... the Court considers whether the “step-down” provision of N.J.S.A. 39:4-50(a)(3) can be applied to the benefit of a ... DWI offender, rather than a third DWI offender, pursuant to N.J.S.A. 39:4-50(a)(3)’s “step-down” provision. In 2011 ... s third and fourth DWI offenses, the municipal court construed N.J.S.A. 39:4-50(a)(3) to afford a defendant only a single ... was not entitled to a second “step-down” under N.J.S.A. 39:4-50(a)(3). The Appellate Division affirmed defendant’s conviction and ... regarding his conviction. 216 N.J. 14 (2013). HELD : The N.J.S.A. 39:4-50(a)(3) “step-down” provision can benefit a DWI ... Legislature. The penalties imposed under New Jersey’s DWI statute, N.J.S.A. 39:4-50(a), increase with successive violations. For a second offense, ...
docket: A-31-13
court: NJ Supreme Court
decided: 2014-12-17
status:
citation:
Document Size: 80319
2 State v. German Marquez -- rank: 916
... analyzes the interplay between New Jersey's implied consent law, N.J.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 ... the Court holds that New Jersey's implied consent law, N.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 ... Legislature addressed this problem by enacting an implied consent law, N.J.S.A. 39:4-50.2, and a refusal statute, N.J.S.A. 39:4-50.4. The former deemed that all motorists consented to ...
docket: a-35-09
court: supreme
decided: 2010-07-12
status:
citation:
Document Size: 161776
3 /usr/local/share/www/libweb/collections/courts/supreme/a-42-14.opn.html -- rank: 878
... third or subsequent driving while intoxicated (DWI) charge pursuant to N.J.S.A. 39:4-50. Defendant James R. Denelsbeck was stopped by police for failing ... less than 180 days, with no allowance for noncustodial alternatives. N.J.S.A. 39:4-50(a)(3). In addition to the ten-year license suspension ... third or subsequent driving while intoxicated (DWI) charge pursuant to N.J.S.A. 39:4-50. This Court previously answered that question in the negative, over ... percent. Defendant was issued a motor-vehicle summons for DWI, N.J.S.A. 39:4-50; careless driving, N.J.S.A. 39:4-97; and ... of 180 days in the Atlantic County Jail, pursuant to N.J.S.A. 39:4-50(a)(3). Defendant was also sentenced to a ten-year ... New Jersey Constitution. The State argues that the amendments to N.J.S.A. 39:4-50(a) have not converted a third or subsequent DWI ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 212365
4 State v. Roger Paul Frye -- rank: 876
... considers whether a previous conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, may serve to enhance the sentence for a subsequent 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 ... 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 ... 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 ... for 1 year.” L. 1977, c. 29, § 4; N.J.S.A. 39:4-50.4(b). That amendment was prompted by a Motor Vehicle ... in connection with a subsequent offense of this section.” N.J.S.A. 39:4-50.4(b). The Appellate Division majority found that the ...
docket: A-30-12
court: NJ Supreme Court
decided: 2014-06-03
status:
citation:
Document Size: 83841
5 /usr/local/share/www/libweb/collections/courts/supreme/a4214svd.opn.html -- rank: 876
... third or subsequent driving while intoxicated (DWI) charge pursuant to N.J.S.A. 39:4-50. Defendant James R. Denelsbeck was stopped by police for failing ... less than 180 days, with no allowance for noncustodial alternatives. N.J.S.A. 39:4-50(a)(3). In addition to the ten-year license suspension ... third or subsequent driving while intoxicated (DWI) charge pursuant to N.J.S.A. 39:4-50. This Court previously answered that question in the negative, over ... percent. Defendant was issued a motor-vehicle summons for DWI, N.J.S.A. 39:4-50; careless driving, N.J.S.A. 39:4-97; and ... of 180 days in the Atlantic County Jail, pursuant to N.J.S.A. 39:4-50(a)(3). Defendant was also sentenced to a ten-year ... New Jersey Constitution. The State argues that the amendments to N.J.S.A. 39:4-50(a) have not converted a third or subsequent DWI ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 212375
6 STATE OF NEW JERSEY v. GERALD E. NUNNALLY -- rank: 869
... 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 ... 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 ... 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 ... 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 ... 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 alcohol, N.J.S.A. 39:4-50, when his or her "physical coordination or mental faculties ...
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 STATEOF NEW JERSEY v. MINA GIRGIS -- rank: 846
... refusing to submit to the breath test as required by N.J.S.A. 39:4-50.29(e). Defendant refused to submit to the test. As ... charged defendant with refusal to provide breath samples 'contrary to N.J.S.A. 39:4-50.2.' The officer also issued Summons No. TR-088015, which ... 2 A-1501-16T4 with driving while intoxicated, contrary to N.J.S.A. 39:4-50; and Summons No. TR-088017, which charged defendant with possessing ... of the refusal charge, arguing that the summons erroneously cited N.J.S.A. 39:4-50.2. 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 ... 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. ...
docket: a1501-16
court: NJ Superior Court Appellate Division
decided: 2018-03-02
status: unpublished
citation:
Document Size: 36814
8 STATE OF NEW JERSEY v. PETER J. DITO -- rank: 837
... the alcohol level of his blood because the summons cited 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 ... 0244-E15-002005 for driving while intoxicated (DWI), contrary to N.J.S.A. 39:4- 50, and Summons No. 0244-E15-002007 for refusing to submit to a breath test, contrary to N.J.S.A. 39:4-50.2. Defendant moved to dismiss the refusal charge on the ground that the summons referenced 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 ...
docket: a2699-16
court: NJ Superior Court Appellate Division
decided: 2018-01-11
status: unpublished
citation:
Document Size: 35242
9 /usr/local/share/www/libweb/collections/courts/appellate/a4496-16.opn.html -- rank: 835
... ARE ILLEGAL BECAUSE APPELLANT PLEADED GUILTY TO A VIOLATION OF N.J.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 ... In November 1997, Officer Andrew Perrella charged defendant with violating N.J.S.A. 39:4-50, driving while intoxicated (DWI), and N.J.S.A. 39:4- 50.2, refusal to submit to a breathalyzer examination. The matter ... of refusing to take the breathalyzer test . . . in violation of [N.J.S.A.] 39:4-50.2,' and imposed applicable fines and penalties, including a ten ... in his PCR petition asserts that he 'was charged under N.J.S.A. 39:4-50.2, a statute that does not allege a motor ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 21614
10 State of New Jersey v. Aaron P. Schmidt -- rank: 828
... a second statement in addition to the Standard Statement under N.J.S.A. 39:4-50.2(e). At police headquarters, defendant was read his Miranda ... with refusal to give a breath sample, in violation of N.J.S.A. 39:4-50.2. In the municipal court, defendant consented to be tried ... a reasonable doubt.” Adjudging defendant guilty of refusal under N.J.S.A. 39:4-50.2, the Law Division imposed the same sentence as had ... 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 ... content of alcohol in his blood[,]” in violation of N.J.S.A. 39:4-50.2(a). Defendant was tried on a stipulated record consisting ... by the police officer to the person under arrest.” N.J.S.A. 39:4-50.2(e). 1 That statement, prepared by the Executive ...
docket: a-35-10
court: NJ Supreme Court
decided: 2011-05-26
status:
citation:
Document Size: 97490
11 State v. Manaf Stas -- rank: 824
... and charged with driving while intoxicated (DWI) in violation of N.J.S.A. 39:4-50(a). Defendant did not comment on Putz’s confession to ... vehicle, defendant said nothing. Defendant was given a summons under N.J.S.A. 39:4-50(a) for allowing Putz, while intoxicated, to operate a vehicle ... use the minivan under defendant’s control in violation of N.J.S.A. 39:4-50(a). It held that Putz’s statement to officers that ... 14) 2. To convict a defendant of “allowing” under N.J.S.A 39:4-50(a), the State must demonstrate beyond a reasonable doubt that ... to a defendant accused of an “allowing” violation of N.J.S.A. 39:4-50. Accordingly, this case is governed by decisions applying self-incrimination ... of a summons at the scene for a violation of N.J.S.A. 39:4-50, the functional equivalent of an arrest for purposes of ...
docket: A-14-11
court: NJ Supreme Court
decided: 2012-09-12
status:
citation:
Document Size: 86419
12 STATE OF NEW JERSEY v. PEDRO C. ANICAMA -- rank: 822
... his third or subsequent conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50(a)(3). The Municipal Court allowed him to serve his ... the Municipal Court to a third or subsequent DWI violation, N.J.S.A. 39:4- 50(a)(3); disorderly-persons possession of drug paraphernalia, N.J ... efendant's argument that periodic service is permissible pursuant to N.J.S.A. 39:4-50(a)(3) is without merit,' and ordered defendant to surrender ... to defendants convicted of third or subsequent DWI violations under N.J.S.A. 39:4-50(a)(3). To decide this issue, we must review the ... with the additions and [deletions]. First, Michael's Law amended N.J.S.A. 39:4-50(a)(3): For a third or subsequent violation, a person ... circumstances] participating in a drug or alcohol inpatient rehabilitation program . . . [ N.J.S.A. 39:4-50(a)(3) (1993) & (2018).] Second, Michael's Law amended ...
docket: a0452-16
court: New Jersey Superior Court Appellate Division
decided: 2018-07-13
status: Published
citation:
Document Size: 59306
13 STATE OF NEW JERSEY v. FRANCIS STINE -- rank: 815
... plea of guilty to driving while intoxicated (DWI), contrary to N.J.S.A. 39:4-50, and DWI with a minor in the vehicle, contrary to N.J.S.A. 39:4-50.15(b). Defendant was sentenced in the municipal court as a second offender under N.J.S.A. 39:4-50 and received a loss of driving privileges for two years ... the Intoxicated Driver's Resource Center (IDRC). On the N.J.S.A. 39:4-50.15(b) offense, he was sentenced to a consecutive six ... a drunk driver to operate a motor vehicle, contrary to N.J.S.A. 39:4-50. He was convicted after a bench trial on March 3 ... with operating a motor vehicle while intoxicated, also contrary to N.J.S.A. 39:4-50. He pled guilty on February 28, 1985, and was ...
docket: a4637-08
court: NJ Superior Court Appellate Division
decided: 2010-10-04
status: unpublished
citation:
Document Size: 43389
14 STATE OF NEW JERSEY v. PARAMJIT SINGH -- rank: 801
... 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 ... 2 breath, placed defendant under arrest for driving while intoxicated, N.J.S.A. 39:4-50. Defendant agreed to take a breathalyzer test. Lopez gave defendant ... 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.A. 39:4-50.2, a related statute that provides that all drivers consent ... vehicle while under the influence of alcohol in violation of N.J.S.A. 39:4-50.1 Following a 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, ...
docket: a0876-16
court: NJ Superior Court Appellate Division
decided: 2018-11-01
status: Unpublished
citation:
Document Size: 25539
15 STATE OF NEW JERSEY v. GREGORY CLAPPER -- rank: 797
... 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 ... Defendant had three prior convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50. The municipal court judge sentenced defendant, as a "third or ... a subsequent refusal conviction. A. Post- Ciancaglini , any ambiguities in N.J.S.A. 39:4-50.4 are resolved and the plain language of the statute ... re Bergwall analyzes a statute substantially different from today's N.J.S.A. 39:4-50 and thus is no longer controlling. B. Tekel and Fielding ... precedential value. a) The statute reviewed by the Bergwall panel, [ N.J.S.A. ] 39:4- 50.4 was repealed in 1982. b) Disomma , Wilhalme and Tekel ... 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 ...
docket: a2338-11
court: NJ Superior Court Appellate Division
decided: 2012-11-19
status: unpublished
citation:
Document Size: 24948
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