Patel v. New Jersey Motor Vehicle Commission, A-86 September Term 2008; Supreme Court; opinion by LaVecchia, J.; decided November 10, 2009. On certification to the Appellate Division, 403 N.J. Super. 373 (App. Div. 2008). [Sat below: Judges Winkelstein, Fuentes and Gilroy in the Appellate Division.] DDS No. 05-1-xxxx [21 pp.]
This appeal involves the assessment of motor vehicle penalty points for a third or subsequent offense in violation of N.J.S.A. 39:4-97.2, driving in an unsafe manner likely to endanger a person or property. The issue is whether, based on the timing of her offenses, plaintiff is entitled to relief under N.J.S.A. 39:4-97.2(e), which provides that an offense that occurs more than five years after “the prior offense” shall not be considered a “subsequent offense” for the purpose of assessing points.
