ADMINISTRATIVE LAW | MOTOR VEHICLES
01-2-5342 Haase v. New Jersey Motor Vehicle Commission, App. Div. (per curiam) (8 pp.) Haase appeals the New Jersey Motor Vehicle Commission’s (MVC) final Order of Suspension suspending his driving privileges for forty-five days. On August 30, 2012, a police officer issued Haase a summons for having no license, registration or insurance card in his possession. Previously, the MVC mailed Haase a Scheduled Suspension Notice, prepared on June 26, 2012. The notice advised Haase that his driving privileges were scheduled to be suspended indefinitely as of August 24, 2012, for failure to answer an earlier summons. The MVC suspended his license on August 24, 2012, which it confirmed in a September 9, 2012 Order of Suspension. The MVC ultimately became aware of the August 30, 2012 summons and mailed a Scheduled Suspension Notice which Haase that his driving privileges were to be suspended for 180 days. In his hearing request, Haase admitted receiving the August 30, 2012 summons, but contended that he had been unaware his license was suspended on that date, and the officer did not charge him with driving while suspended. He also claimed that the suspension would cause a financial hardship to himself and his family. On appeal, Haase argues that (1) he did not have proper notice of his suspension; (2) the MVC’s action was barred by the ninety-day statute of limitations applicable to the issuance of motor vehicle summonses under N.J.S.A. 39:5-3; and (3) the MVC improperly denied his request for a hearing. Here, the MVC’s records include not only the June 26, 2012 notice of Haase’s proposed suspension, to take effect on August 24, 2012, but also a certification by the agency that it was mailed to him. The notice clearly stated the grounds upon which the suspension was based. The appellate panel affirms, finding the agency acted neither arbitrarily nor unreasonably. Rather, it displayed leniency in reducing Haase’s suspension period from 180 to 45 days in recognition of the hardship the suspension would entail.
