State v. Linnehan
| Decision Date | 29 January 1985 |
| Citation | 99 N.J. 236,491 A.2d 723 |
| Parties | STATE of New Jersey v. Richard LINNEHAN. |
| Court | New Jersey Supreme Court |
Petition for certification denied. (See 197 N.J.Super. 41, 484 A.2d 34)
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3 cases
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State v. Hamm
... ... Defendant was arrested for his third DWI offense on August 10, 1986. Prior to trial defendant moved for a trial by jury. The municipal court judge denied that motion, relying on State v. Linnehan, 197 N.J.Super. 41, 484 A.2d 34 (App.Div.1984), certif. denied, 99 N.J. 236, 491 A.2d 723 (1985), in which the court had ruled that a three-time DWI offender was not entitled to a jury trial, and accepted defendant's plea of guilty conditioned on the preservation of the pretrial motion for a jury ... ...
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State v. Radziwil
... ... The trial court erred in finding that defendant's six prior convictions for driving while under the influence of alcohol made this aggravating factor applicable. Driving ... Page 576 ... while under the influence of alcohol is not a crime. State v. Linnehan, 197 N.J.Super. 41, 484 A.2d 34 (App.Div.1984), certif. den. 99 N.J. 236, 491 A.2d 723 (1985); see N.J.S.A. 2C:1-4. Moreover, it is not designated a disorderly persons or petty disorderly persons offense. See N.J.S.A. 2C:1-4b. Consequently, driving while under the influence is not an "offense" ... ...
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State v. Samarel
... ... State v. Dannemiller, 229 N.J.Super. 187, 550 A.2d 1303 (App.Div.1988) ... We adhere to the view that a defendant charged with DWI is not entitled to a trial by jury. State v. Linnehan, 197 N.J.Super. 41, 484 A.2d 34 (App.Div.1984), certif. den., 99 N.J. 236, 491 A.2d 723 (1985); Blanton v. City of North Las Vegas, Nevada, 489 U.S. 538, 109 S.Ct. 1289, 103 L.Ed.2d 550 (1989) ... We reject defendant's final argument that because he had not yet waived his Miranda ... ...