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New Jersey Drunk Driving Case Law

Please find, below, selected case laws decided by Supreme Court of New Jersey or Court of Appeals of New Jersey where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.

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State v. Badessa - 11/10/2005
Argued September 13, 2005 The issue before us is whether evidence gathered by the police after an unconstitutional motor vehicle stop should have been excluded in a prosecution for refusal to submit to a breathalyzer test. In...

French v. Hernandez - 6/30/2005
Argued February 28, 2005 In this insurance coverage case, we must determine whether defendant Enrique Hernandez was a permissive user of his employer's truck when he caused an accident injuring plaintiff Linda French. On the day...

State v. Cummings - 6/23/2005
Argued March 15, 2005 In 1981, the Legislature engaged in a substantial and comprehensive revision of our laws governing the operation of motor vehicles by intoxicated persons. As part of that revision, the Legislature provided...

State v. Chambers - 5/13/2005
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION APPROVED FOR PUBLICATION Submitted April 5, 2005 Before Judges Skillman, Parrillo and Grall. The issue presented by this appeal is whether the...

State v. Bealor - 5/6/2005
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION APPROVED FOR PUBLICATION Argued February 28, 2005 Defendant, Justin Bealor, appeals from his conviction for driving while intoxicated (DWI), N.J.S.A....

Walcott v. Allstate New Jersey Insurance Co. - 4/13/2005
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued March 8, 2005 On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Docket No. BER-L-7843-02. At issue is whether New...

Woodworth v. Joyce - 11/24/2004
The issue presented in this opinion is whether a driver who causes an accident while under the influence of alcohol is entitled to the benefits of the verbal threshold provision of an injured plaintiff's insurance policy. In this case,...

State v. Badessa - 11/16/2004
In this appeal, defendant challenges the stop of his vehicle after he made a lawful turn at an intersection within a two-block DWI checkpoint zone. He argues that, in the absence of signs prohibiting turns, the police lacked probable cause...

State v. Fisher - 7/12/2004
The issue in this appeal is whether an officer's failure to attest to probable cause by signing a traffic ticket is an absolute bar to prosecution and, if not, whether the omission must be remedied within thirty days of the commission of...

State v. Reiner - 7/7/2004
The issue before the Court is whether the heightened penalties contained in N.J.S.A. 39:4-50(g) (subsection (g)), applicable on conviction of a second offense of driving while intoxicated (DWI) within 1,000 feet of school property, may be...

State v. Ways - 6/22/2004
Argued February 18, 2004 In 1991, defendant Anthony Ways was convicted of committing a murder during a botched armed robbery of two young men in a sports car trolling for drugs on the streets of Camden. At trial, Ways claimed...

State v. Kashi - 5/26/2004
The issue before the Court is whether in a de novo appeal, a trial court may use a police officer's observations to sustain a driving while intoxicated conviction even though the municipal court found the officer's observations...

State v. Hamilton - 4/5/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued March 9, 2004 Defendants Michael Hamilton and Carol Knott were found guilty of the petty disorderly persons offense of defiant trespass, N.J.S.A....

State v. Thomas - 2/24/2004
Defendant was arrested for driving while intoxicated (DWI) in violation of N.J.S.A. 39:4-50, on November 22, 2001, after being stopped at a DWI roadblock in Pennsauken. Defendant and five others who were stopped at the same roadblock moved...

State v. Fortin - 2/3/2004
Argued October 22, 2002 Defendant Steven Fortin was convicted by a jury of capital murder and sentenced to death. He claims that he was denied a fair trial as a result of various rulings of the trial court in the guilt and...

State v. Madan - 1/28/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted October 21, 2003 Defendant Pradeep Madan was indicted for the October 4, 1996 stabbing murder of Frederick Smith. The indictment in one count...

State v. Golotta - 12/16/2003
On November 5, 2000, at about 9:30 p.m., two officers of the Peapack-Gladstone police department, each driving a separate police cruiser, responded to a dispatch describing a blue pickup truck with the license plate number VM- 407B,...

New Jersey Division of Motor Vehicles v. Ripley - 11/26/2003
The defendant, Paul D. Ripley (Ripley), appeals a New Jersey Division of Motor Vehicle (DMV) decision of December 16, 2001 suspending his license. Ripley pled guilty in Utah to the charge of alcohol-related reckless driving. Pursuant to...

State v. Negran - 11/25/2003
Shortly after midnight on August 1, 2001, the Franklin Township Police Department received citizen information that a car had entered a parking lot, struck two parked cars, and then was driven back onto the streets. Police spotted Jeffrey...

In re Appeal of Denial of Osworth - 11/24/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted October 28, 2003 Pursuant to N.J.S.A. 2C:58-3, Osworth applied to the Chief of Police of Franklin Township for a permit to purchase a handgun. The...

Johnson v. Grayce Tighe - 11/19/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted on October 20, 2003 In this appeal, we are asked to decide whether the Chancery Division General Equity Part may order pre-litigation discovery...

Johnson v. Grayce Tighe, Inc., - 11/19/2003
Plaintiff is the Estate of John Johnson, a man who was killed in a one-vehicle motorcycle accident in the early morning hours of August 16, 2001. At the time of his death, Johnson had a blood alcohol level of 0.25%, or one and one-half...

State v. Greeley - 11/13/2003
This appeal concerns the statutory right of a defendant to an independent blood-alcohol test after being arrested for driving while intoxicated (DWI). In the early morning of February 17, 1998, the Parsippany-Troy Hills police...

State v. Sohl - 11/6/2003
Upon de novo review of defendant's conditional plea of guilty to a per se violation of driving while intoxicated, N.J.S.A. 39:4-50, the Law Division judge suppressed the results of the breathalyzer test administered to defendant. The...

State v. Cryan - 10/27/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued September 22, 2003 Defendant John F. Cryan, Jr., was tried and convicted of driving while under the influence of alcohol (DWI), N.J.S.A. 39:4-50(a)...

State v. Reiner - 10/1/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted February 26, 2003 Defendant, Philip Reiner, appeals from a judgment entered after a trial de novo on appeal from the Newton Municipal Court...

State v. Fisher - 9/18/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted September 9, 2003 The State appeals from the reversal of defendant's conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, after de...

State v. DeFrank - 7/3/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted May 21, 2003 Defendant, Dominick DeFrank, appeals his conviction for driving under the influence of alcohol (DWI), N.J.S.A. 39:4-50. Defendant was...

State v. Bakka - 7/1/2003
Argued February 19, 2003 The primary issue in this appeal is whether a defendant's operation of a vehicle with a revoked license, absent any indication of the reasons for that revocation, is probative of recklessness within the...

State v. Grant - 6/25/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued May 14, 2003 On December 20, 2001, Alex Grant was arrested and charged with the December 15, 2001 murder of his live-in girlfriend, Yvette Bacon....

State v. Pelham - 6/19/2003
Argued February 19, 2003 This criminal appeal focuses on a disputed jury instruction involving the subject of causation. Defendant was convicted of second-degree death by auto, in contravention of N.J.S.A. 2C:11-5. At trial, the...

Dong v. Alape - 6/9/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued December 18, 2002 We consider in this appeal whether plaintiff, who was injured by an allegedly intoxicated hit-and-run driver, presented sufficient...

State v. Kashi - 6/5/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued April 30, 2003 Defendant received summonses for reckless driving, N.J.S.A. 39:4-96; driving while under the influence, N.J.S.A. 39:4-50; and an...

State v. Stanton - 4/17/2003
Argued January 3, 2002 Reargued November 18, 2002 This appeal involves a conviction for second-degree vehicular homicide, N.J.S.A. 2C:11-5b, based on defendant's reckless operation of her motor vehicle. The State relied on...

State v. Lebra - 2/20/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted January 15, 2003 These two appeals are from sentences imposed by the same trial judge for the same offense, vehicular homicide. In State v. Lebra,...

State v. Corriero - 1/31/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued January 15, 2002 Following a guilty plea to second-degree vehicular homicide, N.J.S.A. 2C:11-5, two counts of fourth-degree assault by auto, N.J.S.A....

State v. Perez - 1/15/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued December 3, 2002 Defendant, Gerardo Perez, was charged in municipal court with driving while intoxicated, N.J.S.A. 39:4-50; failure to keep to the...

Tighe v. Peterson - 12/23/2002
Argued October 21, 2002 We affirm for the reasons expressed in the thorough and persuasive opinion of the Appellate Division majority authored by Judge King. We add only the following to underscore our agreement with that...

Becker v. Tessitore - 12/19/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued: November 14, 2002 Plaintiff Ronald Becker appeals from a judgment entered in accordance with a jury verdict dismissing his complaint against...

Sacci v. Metaxas - 12/6/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued November 12, 2002 No other parties participated in this appeal. This appeal presents the issue of whether a spouse has a duty to warn a...

State v. Romano - 11/12/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued October 7, 2002 Defendant Joseph Romano was convicted in the Clifton Municipal Court of driving while intoxicated ("DWI"), N.J.S.A. 39:4-50....

Caviglia v. Royal Tours of America - 11/8/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued September 24, 2002 Defendants Royal Tours of America and Hector Mundo, its employee, appeal on leave granted from the denial of their motion for...

State v. Segars - 6/26/2002
Argued March 12, 2002 On February 15, 1999, Ridgewood Police Officer Douglas Williams issued defendant, Alan Segars, a summons for operating a motor vehicle with a suspended license. Throughout the proceedings below, Segars, an...

Depalma v. Building Inspection Underwriters - 4/15/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued December 12, 2001 This appeal requires us to determine the applicable limit on punitive damages awarded for a violation of the Family Leave Act,...

State v. Bakka - 4/10/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted February 4, 2002 In this case we hold that evidence that defendant was driving while his license was revoked was inadmissible in a prosecution for...

State v. Cruz - 4/9/2002
Argued January 14, 2002 On appeal from the Superior Court, Law Division, Gloucester County. In this capital murder prosecution that was tried to a jury from January 17 to March 6, 2001, the trial court declared a mistrial...

State v. Burroughs - 3/21/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued March 6, 2002 The repeat offender section of New Jersey's drunk driving law imposes enhanced penalties with each succeeding conviction. However, if a...

State v. Fulford - 3/18/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted February 21, 2002 The State charged defendant Robert Fulford with speeding, drunk driving and an indictable weapons offense. Defendant argues his...

State v. Medina - 3/12/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued February 14, 2002 This case concerns allegations that five members of the Newark Police Department engaged in a conspiracy to steal firearms that had...

State v. Duffy - 3/8/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued: December 18, 2001 Defendant Michael Duffy was convicted in the Holmdel Township Municipal Court of refusing to take a breathalyzer test, N.J.S.A....

State v. Cleverley - 2/27/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted January 30, 2002 We are called upon to determine in this case whether a revision in the standard protocols for use by State Police coordinators in...

State v. Cohen - 2/5/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted December 4, 2001 On December 29, 1999, at approximately 3:06 a.m., East Brunswick Police Officer Christopher J. Soke, while on patrol, observed...

State v. Pigueiras - 10/10/2001
As amended December 20, 2001. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued September 26, 2001 Driving while intoxicated, defendant lost control of his car. The resulting one-car accident...

State v. Wade - 8/9/2001
Argued May 1, 2001 On certification to the Superior Court, Appellate Division. Defendant pled guilty to second-degree vehicular homicide, N.J.S.A. 2C:11-5, and to operating a vehicle while under the influence of alcohol...

State v. Ravotto - 7/26/2001
Argued May 1, 2001 On certification to the Superior Court, Appellate Division, whose opinion is reported at 333 N.J. Super. 247 (2000). This case implicates defendant's right to be free of unreasonable searches under the...

State v. Carey - 7/9/2001
Argued March 13, 2001 On certification to the Superior Court, Appellate Division. This appeal requires us to revisit the standard for determining the appropriateness of consecutive sentences imposed during a single...

State v. Smith - 5/8/2001
ON CERTIFICATION TO Appellate Division, Superior Court Chief Justice Poritz PRESIDING Justice Stein Argued January 3, 2001 Decided May 8, 2001 On certification to the Superior Court, Appellate Division. ...

State v. New Jersey - 3/29/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted March 14, 2001 This appeal requires us to determine, for the first time in a reported opinion, whether a defendant who is convicted of drug-...

State v. Leslie - 3/21/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued November 14, 2000 Defendant Keith Leslie appeals from his conviction and sentence to five years in prison for the second degree offense of possessing...

Levine v. State - 3/13/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued February 5, 2001 On appeal from the Division of Motor Vehicles. This appeal involves the interpretation of N.J.S.A. 39:3- 33.5 and its...

State v. Snyder - 1/31/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted December 13, 2000 Defendant Brian J. Snyder appeals his conviction of operating a motor vehicle under the influence of alcohol, N.J.S.A. 39:4-50,...

Wnuck v. New Jersey Division of Motor Vehicles - 1/30/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted December 20, 2000 On appeal from a Final Decision of the Division of Motor Vehicles. Defendant appeals the imposition of a surcharge by the...

State v. Cerefice - 11/27/2000
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued: October 18, 2000 Before Judges Keefe and Steinberg. On appeal from the Superior Court of New Jersey, Law Division, Ocean County. On...

State v. Doriguzzi - 10/20/2000
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued September 12, 2000 On appeal from the Superior Court of New Jersey, Law Division, Bergen County. Defendant Robert Doriguzzi was found guilty of...

State v. Ravotto - 7/12/2000
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued: May 15, 2000 On appeal from the Superior Court of New Jersey, Law Division, Bergen County. In this appeal from a drunk-driving conviction, we...

State v. Cevallos-Bermeo - 6/30/2000
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted: February 22, 2000 On appeal from the Superior Court of New Jersey, Law Division, Hudson County. Defendant, Carlos Alberto Cevallos-Bermeo,...

Jiosi v. Township of Nutley - 6/20/2000
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued May 23, 2000 On appeal from the Superior Court of New Jersey, Law Division, Essex County. Plaintiff David A. Jiosi was arrested and charged...

State v. DeAngelis - 3/6/2000
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued January 10, 2000 - Decided March 6, 2000 On appeal from Superior Court of New Jersey, Law Division, Middlesex County. The central issue raised...

State v. Bryant - 2/23/2000
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued January 27, 2000 On appeal from the Superior Court of New Jersey, Law Division, Atlantic County. The opinion of the court was delivered by...

State v. Kromphold - 2/1/2000
Argued September 28, 1999 On certification to the Superior Court, Appellate Division. The primary issue in this appeal is whether the court that sentenced defendant Thomas Kromphold impermissibly considered elements of the...

State v. Holland - 1/26/2000
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted November 10, 1999 On appeal from Superior Court of New Jersey, Law Division, Gloucester County. Argued November 4, 1999 - Decided ...

State v. Garbin - 11/18/1999
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued September 22, 1999 - Decided November 18, 1999 On appeal from Superior Court of New Jersey, Law Division, Camden County. The opinion of the...

State v. Ferencsik - 10/28/1999
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted September 28, 1999 On appeal from the Superior Court of New Jersey, Law Division, Middlesex County. The issue is whether the "No Early...

State v. Choinacki - 7/2/1999
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Argued January 4, 1999 - Decided July 2, 1999 On appeal from Superior Court of New Jersey, Law Division, Atlantic County. On April 26, 1995, an...

State v. Widmaier - 3/3/1999
Argued October 14, 1998 On certification to the Superior Court, Appellate Division. This appeal primarily requires us to determine what constitutes a refusal to take a breathalyzer test. When defendant John Widmaier was...

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