Opinion
DOCKET NO. A-4162-09T4
09-09-2011
STATE OF NEW JERSEY, Plaintiff-Respondent, v. BARBARA RES, Defendant-Appellant.
Barbara Res, appellant pro se. John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Annmarie Cozzi, Senior Assistant Prosecutor, of counsel and on the brief).
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
Motion for reconsideration granted.
Before Judges Wefing and Payne.
On appeal from Superior Court of New Jersey, Law Division, Bergen County, Municipal Appeal No. 004-04-10.
Barbara Res, appellant pro se.
John L. Molinelli, Bergen County Prosecutor, attorney for respondent (Annmarie Cozzi, Senior Assistant Prosecutor, of counsel and on the brief). PER CURIAM
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.
I hereby certify that the foregoing is a true copy of the original on file in my office.
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CLERK OF THE APPELLATE DIVISION