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61 STATE OF NEW JERSEY v. CARLOS B. GREEN -- rank: 536

... of defendant's two prior driving while intoxicated (DWI) convictions, N.J.S.A. 2C:11-5(a), to prove that defendant acted recklessly in his pending ... vehicular homicide while intoxicated within 1000 feet of a school. N.J.S.A. 2C:11-5(b)(3)(a). Because of the statutory inference of recklessness ... prove vehicular homicide, the State must show defendant drove recklessly. N.J.S.A. 2C:11-5(a). "A person acts recklessly with respect to a material ... rise to an inference that the defendant was driving recklessly." N.J.S.A. 2C:11-5(a) (emphasis added). Driving with a BAC of 0.08 ... first-degree vehicular homicide while intoxicated cannot be overstated. Given N.J.S.A. 2C:11-5(a)'s statutory inference of recklessness arising from a DWI ...

docket:	a1809-16
court:	NJ Superior Court Appellate Division
decided:	2017-10-20
status:	published
citation:	452 N.J.Super. 323 173 A.3d 1093
Document Size:	18483

62 STATE OF NEW JERSEY v. JUSTIN HAGIN -- rank: 534

... the conviction for leaving the scene of a fatal accident, N.J.S.A. 2C:11-5.1, with the conviction for endangering an injured victim, N ... Legislature has expressly prohibited the merger of a conviction under N.J.S.A. 2C:11-5.1 for leaving the scene of a fatal accident with ... S.A. 2C:11-4 or vehicular homicide contrary to N.J.S.A. 2C:11-5 and required that a separate consecutive sentence be imposed for ... this court has addressed the issue of whether convictions under N.J.S.A. 2C:11-5.1 and 2C:12-1.2 should merge with each ... to leaving the scene of an accident causing injuries. Compare N.J.S.A. 2C:11-5.1 with N.J.S.A. 2C:12-1.2 ...

docket:	A0172-06
court:	NJ Superior Court Appellate Division
decided:	2008-06-20
status:	unpublished
citation:
Document Size:	54527

63 STATE OF NEW JERSEY v. ANTHONY S. GENTILELLO -- rank: 529

... with the following: second-degree death by auto (vehicular homicide), N.J.S.A. 2C:11-5, (count one); three counts of third-degree assault by auto ... it is caused by driving a vehicle or vessel recklessly." N.J.S.A. 2C:11-5. A finding that a defendant was driving while intoxicated in ... when deciding whether the element of recklessness, as defined in N.J.S.A. 2C:11-5 was enacted, L. 1981, c. 312, effective December 3, 1981 ... Commission. Cannel, New Jersey Criminal Code Annotated , comment 1 on N.J.S.A. 2C:11-5 (Gann, 2005). Thus, a defendant may not be convicted of ...

docket:	A0671-04
court:	NJ Superior Court Appellate Division
decided:	2005-10-21
status:	unpublished
citation:
Document Size:	94128

64 STATE OF NEW JERSEY v. NICHOLAS F. GARREFFI -- rank: 529

... jury charged defendant with second-degree vehicular homicide (count one), N.J.S.A. 2C:11-5(b); and three counts of fourth-degree assault by auto ... 5- 31. Rather, the license suspension was imposed pursuant to N.J.S.A. 2C:11- 5(c)(5), which permits a suspension from five years to ...

docket:	a1535-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-13
status:	Unpublished
citation:
Document Size:	39052

65 STATE OF NEW JERSEY v. JULIE L. MICHAELS -- rank: 523

... recklessly while intoxicated, N.J.S.A. 39:4-50, N.J.S.A. 2C:11-5 (count one); third-degree assault by auto of Danilo Diaz ... to the fact defendant was charged with death by auto, N.J.S.A. 2C:11-5(b), it logically follows the victim's treating physician would ... not render it objectionable. N.J.R.E. 704. Under N.J.S.A. 2C:11-5, with which defendant was charged, the State must prove causation ...

docket:	a5190-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-15
status:	unpublished
citation:
Document Size:	83734

66 STATE OF NEW JERSEY V. THOMAS LANE -- rank: 521

... Thomas J. Lane appeals from his convictions of reckless manslaughter, N.J.S.A. 2C:11-5, and various motor vehicle offenses. We affirm.         At about 2 ... A. 2C:11-4a (count one), and death by auto, N.J.S.A. 2C:11-5 (count two). Defendant was also charged with several motor vehicle ... convicted him of the lesser-included offense of reckless manslaughter, N.J.S.A. 2C:11-5. Thereafter, the judge found defendant guilty of several motor vehicle ... Thus, we held that the current death-by-auto statute, N.J.S.A. 2C:11-5, "requires the trial judge to craft a charge to a ...

docket:	a2352-93
court:	njappellate
decided:	1995-12-27
status:	published published
citation:	<a href=
Document Size:	29504

67 STATE OF NEW JERSEY v. JESSE J. JOHNS -- rank: 518

... to an accusation charging him with second-degree vehicular homicide, N.J.S.A. 2C:11-5(a); third-degree assault by automobile, N.J.S.A ... license suspension of five years to life, as mandated by N.J.S.A. 2C:11-5(b)(4); however, the State conceded the length of suspension ...

docket:	a3133-12
court:	NJ Superior Court Appellate Division
decided:	2015-06-15
status:	unpublished
citation:
Document Size:	25558

68 STATE OF NEW JERSEY v. JAMES WOETZEL -- rank: 512

... was charged with first-degree vehicular homicide in violation of N.J.S.A. 2C:11-5(b)(3) (count one), for causing the death of Donna ... a motor vehicle accident resulting in death in violation of N.J.S.A. 2C:11-5.1 (count three); and first-degree aggravated manslaughter in violation ...

docket:	a4034-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-28
status:	Unpublished
citation:
Document Size:	75313

69 STATE OF NEW JERSEY , v. GREGORY J. PARKHILL -- rank: 509

... In defendant's trial for second-degree reckless vehicular homicide, N.J.S.A. 2C:11-5(a), a State police expert opined that defendant was speeding ... cause is an issue.' Model Jury Charges (Criminal), 'Vehicular Homicide (N.J.S.A. 2C:11-5)' (rev. June 14, 2004), n.2; see also Model Jury ... homicide when it is caused by driving a vehicle . . . recklessly.' N.J.S.A. 2C:11-5(a) (emphasis A-4802-17T4 6 added). The Criminal Code ...

docket:	a4802-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-25
status:	Published
citation:
Document Size:	29929

70 /usr/local/share/www/libweb/collections/courts/appellate/a3288-18.opn.html -- rank: 509

... S. 2C:11-4, N.J.S. 2C:11-5, . . . [N.J.S.A.] 2C:11-5.3[] or . . . [N.J.S.A.] 2C:11-5.1[] or criminal offenses involving serious bodily injury and underlying ...

docket:
court:
decided:
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citation:
Document Size:	25419

71 State of New Jersey v. Ronald Sexton -- rank: 509

... made.” Footnote: 3 A separate provision covers death by auto. N.J.S.A. 2C:11-5. Footnote: 4 Murders committed in the heat of passion, and ...

docket:	a-23-98
court:	njsupreme
decided:	1999-07-15
status:
citation:	160 N.J. 93
Document Size:	45221

72 STATE OF NEW JERSEY v. DAVID J. COURSEN -- rank: 507

... a jury trial, of second-degree vehicular homicide, contrary to N.J.S.A. 2C:11-5, and the sentence imposed. We affirm. I. Defendant and Lynette ... imposed a three-year period of parole ineligibility pursuant to N.J.S.A. 2C:11-5(b), to run concurrently with the NERA parole ineligibility period ...

docket:	a1202-08
court:	NJ Superior Court Appellate Division
decided:	2011-03-31
status:	unpublished
citation:
Document Size:	39670

73 STATE OF NEW JERSEY v. WAQAS IBRAR -- rank: 503

... jury on two counts of the second-degree vehicular homicide, N.J.S.A. 2C:11-5(a), of Tyler Sellers and Sabore Worell, who were struck ...

docket:	a4855-17
court:	NJ Superior Court Appellate Division
decided:	2020-11-25
status:	Unpublished
citation:
Document Size:	37068

74 STATE OF NEW JERSEY v. MICHAEL CASSELLA -- rank: 501

... A. 2C:11-4(a), and second-degree vehicular homicide, N.J.S.A. 2C:11-5(a). Defendant was also charged with several traffic offenses, including ...

docket:	a3218-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-16
status:	unpublished
citation:
Document Size:	40048

75 STATE OF NEW JERSEY v. MARTESE G. GILLIAM -- rank: 501

... Supreme Court decided "whether an acquittal of death by auto, N.J.S.A. 2C:11-5, should bar a subsequent prosecution for driving while under the ...

docket:	a1705-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-05
status:	unpublished
citation:
Document Size:	29839