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Wednesday, October 22, 2008

Hina K. Patel v. New Jersey Motor Vehicle Commission

10-14-08
A-2911-07T1

New Jersey's unsafe driving statute, N.J.S.A. 39:4-97.2,
provides that the Motor Vehicle Commission shall assess the
driver points for a third or subsequent offense. The statute
also affords relief from the assessment of points when an
offense is committed more than five years after a prior offense.
In this appeal, we have construed that language to apply only to
offenses that occur after the third offense.