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State of New Jersey v. Barbara Res

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


September 9, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
BARBARA RES, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Bergen County, Municipal Appeal No. 004-04-10.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 22, 2011

Decided July 13, 2011; Motion for reconsideration granted. Resubmitted August 31, 2011

Before Judges Wefing and Payne.

By opinion issued July 13, 2011, this court affirmed defendant's conviction for careless driving, N.J.S.A. 39:4-97, that had been entered by the Law Division following a trial de novo. State v. Res, No. A-4162-09T4 (App. Div. July 13, 2011). We subsequently granted defendant's motion for reconsideration, and requested supplemental briefs from the parties. State v. Res, No. M-7305-10 (Aug. 4, 2011).

We have received and reviewed those supplemental briefs and adhere to our original decision. The offense of careless driving encompasses a variety of conduct. So long as the conduct alleged is "likely to endanger" a person or property, it may be encompassed within the statute's scope. Defendant need not have been charged with the specific offense of improperly entering a lane restricted for vehicles intending to turn left to have engaged in careless driving. As the State noted in its supplemental brief, defendant's testimony established that she engaged in such a maneuver. Accordingly, her conviction is affirmed.

20110909

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