206 N.J. Super. 359 - State v. Wilhalme’s Empirical Analysis
1985
Citation profile
17
cited by 17 later decisions
1
states following
June 2014
most recently cited
15 state decisions
How this case has been cited
Cited by 17 later decisions — most recently June 2014
15 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Berkemer v. McCarty · State v. Johnson · Brewer v. Porch · Howard v. Harwood's Restaurant Co. · Oldfield v. New Jersey Realty Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“An examination of the legislative history in chronological juxtaposition with the litigation history of Bergwall rebuts defendant's contention. In 1980 we held that the phrase "of this section" was limited to prior refusals to submit. In re Bergwall, 173 N.J. Super. 431, 433 [ 414 A. 2d 584 ] (App.Div. 1980). In a dissent, Judge Lora expressed the view that the phrase encompassed the drunk driving section of Title 39, N.J.S.A. 39:4-50 that the legislative history clearly indicated a prior drunk driving conviction would trigger the greater penalty. Id. at 437-440 [ 414 A. 2d 584 ]. After our opinion in Bergwall, the legislation was introduced which repealed N.J.S.A. 39:4-50.4 and enacted N.J.S.A. 39:4-50.4a. In its original version, the phrase "in this section" was replaced with "under R.S. 39:4-50", the meaning unsuccessfully urged by Judge Lora in his dissent. Assembly Bill 2293 of 1980. On March 26, 1981 our Supreme Court reversed our opinion for the reasons expressed in the dissent. In re Bergwall, 85 N.J. at 383 [ 427 A. 2d 65 ]. Seven weeks later, Senate Judiciary Committee Amendments to the legislation replaced the phrase " R.S. 39:4-50" with "this section." Assembly Bill 2293 of 1980 with Senate Committee Amendments. This change was responsive to the Supreme Court's construction of N.J.S.A. 39:4-50 and incidentally explains the change in phraseology from "in this section" to "under this section." We are persuaded that the Legislature was familiar with the judicial hi”
1 later decision quote this exact passage · from the majority“(a) A person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.10% or more by weight of alcohol in the defendant's blood ... shall be subject: (1) For the first offense, to a fine of not less than $250.00 nor more than $400.00 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than six months nor more than one year. (2) For a second violation, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years u”
1 later decision quote this exact passage · from the majority“was limited to prior refusals to submit. In re Bergwall, 173 N.J. Super. 431, 433 [ 414 A. 2d 584 ] (App.Div. 1980). In a dissent, Judge Lora expressed the view that the phrase encompassed the drunk driving section of Title 39, N.J.S.A. 39:4-50 that the legislative history clearly indicated a prior drunk driving conviction would trigger the greater penalty. Id. at 437-440 [ 414 A. 2d 584 ]. After our opinion in Bergwall, the legislation was introduced which repealed N.J.S.A. 39:4-50.4 and enacted N.J.S.A. 39:4-50.4a. In its original version, the phrase”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.