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 Results for ("N.J.S.A. 39:5-31")   1 to 14 of 14 results. Run time: 0.838 seconds | Search time: 0.831 seconds    
1 State of New Jersey v. Laura Moran -- rank: 1000
... suspended Moran's driving privileges for forty-five days under N.J.S.A . 39:5-31. During the proceedings in municipal court, Moran represented herself. The ... The court justified the imposition of the license suspension under N.J.S.A . 39:5-31 based on both Moran's driving in a "willful and ... was represented by appointed counsel and challenged the constitutionality of N.J.S.A . 39:5-31, which empowers the court to suspend a defendant's license ... penalty. On appeal, the Appellate Division upheld the constitutionality of N.J.S.A . 39:5-31. The panel found that Moran had "fair notice" of the ... s petition for certification. HELD: The license suspension provision of N.J.S.A . 39:5-31, which is published in the Motor Vehicle Code of the ... law. To ensure that license suspensions meted out pursuant to N.J.S.A . 39:5-31 are imposed in a reasonably fair and uniform manner, ...
docket: a-55-09
court: supreme
decided: 2010-07-13
status:
citation:
Document Size: 107788
2 STATE OF NEW JERSEY v. LAURA MORAN -- rank: 859
... appeal calls into question the continued viability and constitutionality of N.J.S.A. 39:5-31, which provides: The director or any magistrate before whom any ... a forty-five day driver's license suspension pursuant to N.J.S.A. 39:5-31. Upon de novo review, s ee R. 3:23-8 ... her reckless driving conviction and also challenged the constitutionality of N.J.S.A. 39:5-31. The Law Division judge found no constitutional infirmity and again ... driver's license suspension should be vacated. She urges that N.J.S.A. 39:5-31 is antiquated and should be given no effect, and that ... reckless driving. II We first consider defendant's argument that N.J.S.A. 39:5-31 should be discarded because it is antiquated and inconsistent with ... to -10.9. In essence, defendant asks that we deem N.J.S.A. 39:5-31 to have been repealed by implication through the Legislature' ...
docket: a3810-07
court: NJ Superior Court Appellate Division
decided: 2009-07-28
status: published
citation: 408 N.J. Super. 412 975 A.2d 480
Document Size: 86487
3 State v. Diana M. Palma -- rank: 597
... Moran’s driving privileges for forty-five days pursuant to N.J.S.A. 39:5-31. This provision is a sentence enhancer that empowers the court ... is a careless driving case, and the sentencing enhancer of N.J.S.A. 39:5-31 does not apply. Second, here defendant challenges a custodial sentence ... Moran’s driving privileges for forty-five days pursuant to N.J.S.A. 39:5-31. Id. at 318. This section “empowers the court to ... of a willful violation of certain offenses, including reckless driving. N.J.S.A. 39:5-31. Moran, represented by appointed counsel, appealed to the Law Division ... Court rejected a constitutional challenge to the sentencing-enhancer provision, N.J.S.A. 39:5-31, by rejecting defendant’s claim that she was not given ... respects. First, this is a careless driving case. Therefore, the N.J.S.A. 39:5-31 sentencing enhancer for a willful violation of reckless driving ...
docket: A-41-12
court: NJ Supreme Court
decided: 2014-09-30
status:
citation: 219 N.J. 584 99 A.3d 806
Document Size: 66937
4 STATE OF NEW JERSEY v. ROBERT MORGAN -- rank: 543
... TO PROVE BEYOND A REASONABLE DOUBT THAT THIS DEFENDANT VIOLATED N.J.S.A. 39:5-31 IS UNCONSTITUTIONAL. We have carefully considered these arguments in light ... s second point in which he urges that we hold N.J.S.A. 39:5-31 to be unconstitutional. Though the municipal court judge did not ... shall, in the discretion of the magistrate, justify such revocation. [ N.J.S.A. 39:5-31.] He contends that the statute provides only for the revocation ... future. A defendant is free to raise the question of N.J.S.A. 39:5-31's continued constitutionality in both the municipal court and the ... is moot, and we decline the invitation to consider whether N.J.S.A. 39:5-31 is unconstitutional. Affirmed. The Law Division judge reserved decision on ...
docket: a5969-05
court: njappellate
decided: 2007-06-06
status: published
citation: 393 N.J. Super. 411
Document Size: 76097
5 NEW JERSEY MOTOR VEHICLE COMMISSION v. EKATERINA BURKHOUR -- rank: 508
... for willful violations of the motor vehicle laws pursuant to N.J.S.A. 39:5-31. On appeal from our decision, the Supreme Court defined the meaning of a "willful violation" under N.J.S.A. 39:5-31 and set standards to guide the discretion of judges imposing ...
docket: a2979-08
court: NJ Superior Court Appellate Division
decided: 2010-08-20
status: unpublished
citation:
Document Size: 28613
6 /usr/local/share/www/libweb/collections/courts/trial/state-v-henry.opn.html -- rank: 489
... factors in determining whether to impose a license suspension under N.J.S.A. 39:5-31. Although the court rules on municipal court sentencing require municipal ... in Moran for deciding whether to suspend driving privileges under N.J.S.A. 39:5-31. In many respects, those generally coincide with the criteria in ...
docket: State-v-Henry
court: NJ Superior Court Law/Chancery Division
decided: 0000-00-00
status:
citation:
Document Size: 50412
7 STATE OF NEW JERSEY v. ARTHUR RYAN KUREK -- rank: 487
... license in connection with his reckless driving conviction, pursuant to N.J.S.A. 39:5-31. When reviewing a sentence, we must afford trial courts "great ... for the [trial] judge to resentence[.]" Id. at 501-02. N.J.S.A. 39:5-31 provides the court with discretion to "revoke the license of ... v. Moran , 202 N.J. 311 , 323 (2010). However, in N.J.S.A. 39:5-31, "'willful' suggests a deliberate violation of certain motor-vehicle statutes ...
docket: a5839-13
court: NJ Superior Court Appellate Division
decided: 2016-06-01
status: unpublished
citation:
Document Size: 40192
8 STATE OF NEW JERSEY v. NICHOLAS F. GARREFFI -- rank: 470
... N.J. 311 (2010). In Moran, the Court noted that N.J.S.A. 39:5-31 permits a municipal court or Law Division judge to suspend ... length of a license suspension to be imposed pursuant to N.J.S.A. 39:5-31, a judge should consider [T]he nature and circumstances of ... Here, the judge did not impose the license suspension under N.J.S.A. 39:5- 31. Rather, the license suspension was imposed pursuant to N.J ...
docket: a1535-17
court: NJ Superior Court Appellate Division
decided: 2020-01-13
status: Unpublished
citation:
Document Size: 39052
9 /usr/local/share/www/libweb/collections/courts/trial/ma2010-16.opn.html -- rank: 468
... factors in determining whether to impose a license suspension under N.J.S.A. 39:5-31. Although the court rules on municipal court sentencing require municipal ... in Moran for deciding whether to suspend driving privileges under N.J.S.A. 39:5-31. In many respects, those generally coincide with the criteria in ...
docket: ma2010-16
court: NJ Superior Court Law/Chancery Division
decided: 0000-00-00
status:
citation:
Document Size: 42472
10 STATE OF NEW JERSEY v. WILLIAM FISH -- rank: 454
... in concluding that his conduct was wanton and willful under N.J.S.A. 39:5-31. After carefully reviewing the record in view of the applicable ... is a prerequisite for the suspension of driving privileges under N.J.S.A. 39:5-31. We disagree and conclude that the findings made by Judges ... driving itself. Thus, to trigger the license suspension provisions of N.J.S.A. 39:5-31, a driver must engage in an aggravated form of reckless ...
docket: a2027-18
court: NJ Superior Court Appellate Division
decided: 2022-01-12
status: Unpublished
citation:
Document Size: 24613
11 STATE OF NEW JERSEY v. ALMON TAYLOR, JR -- rank: 409
... IMPOSITION OF A TEN[-]YEAR LOSS OF LICENSE PURSUANT TO [ N.J.S.A. ] 39:5-31 ON THE RECKLESS DRIVING WAS IMPROPER AND ERRONEOUS. POINT III ... suspension is not an automatic sanction for reckless driving. However, N.J.S.A. 39:5-31 authorizes the sentencing judge to impose a suspension if the ...
docket: a0711-12
court: NJ Superior Court Appellate Division
decided: 2013-05-30
status: unpublished
citation:
Document Size: 23981
12 STATE OF NEW JERSEY v. ERIK J. MURPHY -- rank: 409
... State v. Moran , 202 N.J. 311 , 322 (2010), 5 N.J.S.A. 39:5-31 authorizes the municipal court and Law Division to impose a ... factors in determining whether to impose a license suspension under N.J.S.A. 39:5-31 and the length of the suspension: [T]he nature and ...
docket: a0932-10
court: NJ Superior Court Appellate Division
decided: 2012-11-16
status: unpublished
citation:
Document Size: 19995
13 STATE OF NEW JERSEY v. ARMANDO CARREON -- rank: 407
... to guide the discretion of judges imposing license suspensions under N.J.S.A. 39:5-31), or suggested in State v. Henry , 418 N.J. Super ...
docket: a5501-12
court: NJ Superior Court Appellate Division
decided: 2014-08-11
status: published
citation: 437 N.J.Super. 81 96 A.3d 305
Document Size: 26618
14 STATE OF NEW JERSEY v. DIANA M. PALMA -- rank: 348
... judicial discretion in guiding whether to impose a license suspension, N.J.S.A. 39:5-31, in cases of reckless driving, N.J.S.A. 39 ...
docket: a3473-10
court: NJ Superior Court Appellate Division
decided: 2012-06-26
status: published
citation: 426 N.J. Super. 510 45 A.3d 1022
Document Size: 30924
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