N.J. Stat. » Title 39 — MOTOR VEHICLES AND TRAFFIC REGULATION
New Jersey Statutes

N.J. Stat. § 39:4-51 (2026)

Sentence for violation of 39:4-50; service, work release; rules, regulations

✓ current as of May 2026
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A person who has been convicted of a first or second violation of section 39:4-50 of this Title, and in pursuance thereof has been imprisoned in a county jail or workhouse in the county in which the offense was committed, shall not, after commitment, be released therefrom until the term of imprisonment imposed has been served. A person imprisoned in the county jail or workhouse may in the discretion of the court, be released on a work release program.

No warden or other officer having custody of the county jail or workhouse shall release therefrom a person so committed, unless the person has been released by the court on a work release program, until the sentence has been served. A person sentenced to an inpatient rehabilitation program may upon petition by the treating agency be released, by the court, to an outpatient rehabilitation program for the duration of the original sentence.

Nothing in this section shall be construed to interfere in any way with the operation of a writ of habeas corpus, a proceeding in lieu of the prerogative writs, or an appeal.

The chief administrator shall adopt such rules and regulations to effectuate the provisions of this section as he shall deem necessary.

Amended 1951, c.23, s.31; 1977, c.29, s.5; 2003, c.315, s.3.

Notes of Decisions
Cited in 15 cases (6 in the last 5 years), 2006–2025 · leading case: State v. Anicama, 190 A.3d 474 (N.J. Super. Ct. App. Div. 2018).
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State v. Anicama, 190 A.3d 474 (N.J. Super. Ct. App. Div. 2018). · cites it 18× “] Finally, Michael's Law amended N.J.S.A. 39:4-51 : A person who has been convicted of [violating] a first or second violation of section 39:4-50 of this Title, and in pursuance thereof has been imprisoned in a county jail or workhouse in the county in which the offense was…”
State v. Grabowski, 908 A.2d 861 (N.J. Super. Ct. App. Div. 2006). · cites it 12× “39:4-50 and N.J.S.A. 39:4-51, and the ruling in State v.”
State of New Jersey v. Michelle Toussaint, 114 A.3d 1016 (N.J. Super. Ct. App. Div. 2015). “See N.J.S.A. 39:4-51. In 2009, the Legislature enacted N.”
State of New Jersey Vs. Pedro C. Anicama (06-16, Hudson Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018). · cites it 16× “] Finally, Michael's Law amended N.J.S.A. 39:4-51: A person who has been convicted of [violating] a first or second violation of section 39:4- 50 of this Title, and in pursuance thereof has been imprisoned in a county jail or workhouse in the county in which the offense was…”
State of New Jersey Vs. Kelli D. Hennessey (07-10-1023 & 12-10-1034, Gloucester Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018). · cites it 2× “N.J.S.A. 39:4-51(a). We have said, "[o]pen alcohol containers in the vehicle would have a tendency in reason to prove recent alcohol consumption .”
State of New Jersey v. Robert Van Pelt (N.J. Super. Ct. App. Div. 2024). · cites it 2× “39:3-61; consumption of alcohol in a motor vehicle, N.J.S.A. 39:4-51(a); open container of alcohol in a motor vehicle, N.”
State of New Jersey v. Juan A. Lema (N.J. Super. Ct. App. Div. 2024). · cites it 2× “39:4-96; consumption of alcohol while driving, N.J.S.A. 39:4-51(a); having an open container of alcohol, N.”
In Re Registrant S.O. (N.J. Super. Ct. App. Div. 2025). · cites it 2× “39:4-96; open/unsealed container of alcohol, N.J.S.A. 39:4-51(b); uninsured motor vehicle, N.”
State of New Jersey Vs. Joseph Watson (5048, Passaic Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “39:4-144; and having an open container in his vehicle, N.J.S.A. 39:4-51(a). In his appeal, he argues all his convictions should be reversed because his right to a speedy trial was violated, and he further challenges his DWI conviction.”
State of New Jersey Vs. David Guaman (6116, Passaic Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018). “39:3-29, and possessing an open alcoholic beverage container, N.J.S.A. 39:4-51(b). He appeals and argues: POINT I AS A MATTER OF LAW THE LOWER COURT ERRONEOUSLY DENIED [DEFENDANT'S] MOTION TO SUPPRESS HIS ALLEGED ORAL AND WRITTEN STATEMENTS DESPITE THE SAME BEING THE PRODUCT OF…”
State of New Jersey Vs. Patrick Healy (15-08-0563, Gloucester Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020). “2C:36-2, driving with an open container of alcohol, N.J.S.A. 39:4-51, failing to maintain a traffic lane, N.”
State of New Jersey Vs. Patrick Healy (15-08-0563, Gloucester Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020). “2C:36-2, driving with an open container of alcohol, N.J.S.A. 39:4-51, failing to maintain a traffic lane, N.”
Show all 15 citing cases →
— N.J. Stat. § 39:4-51(a) — 5 cases
State of New Jersey Vs. Joseph Watson (5048, Passaic Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “39:4-144; and having an open container in his vehicle, N.J.S.A. 39:4-51(a). In his appeal, he argues all his convictions should be reversed because his right to a speedy trial was violated, and he further challenges his DWI conviction.”
State of New Jersey Vs. Kelli D. Hennessey (07-10-1023 & 12-10-1034, Gloucester Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018). “N.J.S.A. 39:4-51(a). We have said, "[o]pen alcohol containers in the vehicle would have a tendency in reason to prove recent alcohol consumption .”
State of New Jersey v. Ezell Miller (N.J. Super. Ct. App. Div. 2024).
State of New Jersey v. Robert Van Pelt (N.J. Super. Ct. App. Div. 2024). “39:3-61; consumption of alcohol in a motor vehicle, N.J.S.A. 39:4-51(a); open container of alcohol in a motor vehicle, N.”
State of New Jersey v. Juan A. Lema (N.J. Super. Ct. App. Div. 2024). “39:4-96; consumption of alcohol while driving, N.J.S.A. 39:4-51(a); having an open container of alcohol, N.”
— N.J. Stat. § 39:4-51(b) — 7 cases
In Re Registrant S.O. (N.J. Super. Ct. App. Div. 2025). “39:4-96; open/unsealed container of alcohol, N.J.S.A. 39:4-51(b); uninsured motor vehicle, N.”
State of New Jersey Vs. David Guaman (6116, Passaic Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018). “39:3-29, and possessing an open alcoholic beverage container, N.J.S.A. 39:4-51(b). He appeals and argues: POINT I AS A MATTER OF LAW THE LOWER COURT ERRONEOUSLY DENIED [DEFENDANT'S] MOTION TO SUPPRESS HIS ALLEGED ORAL AND WRITTEN STATEMENTS DESPITE THE SAME BEING THE PRODUCT OF…”
State of New Jersey Vs. Kelli D. Hennessey (07-10-1023 & 12-10-1034, Gloucester Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018). “N.J.S.A. 39:4-51(a). We have said, "[o]pen alcohol containers in the vehicle would have a tendency in reason to prove recent alcohol consumption .”
State of New Jersey v. Matthew Strycharz (N.J. Super. Ct. App. Div. 2024).
State of New Jersey v. Robert Van Pelt (N.J. Super. Ct. App. Div. 2024). “39:3-61; consumption of alcohol in a motor vehicle, N.J.S.A. 39:4-51(a); open container of alcohol in a motor vehicle, N.”
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