As indicated in my prior blog post, N.J.S. 39:4-97.2 permits a person charged with a moving violation (bearing motor vehicle points) to have that moving violation, if recommended by the prosecutor and approved by the Judge, amended to 39:4-97.2 (commonly known as Unsafe Driving). Unsafe Driving is a zero motor vehicle and/or insurance eligibility point downgrade only for two offenses within a five year period. Recently, the New Jersey Motor Vehicle Commission, interpreting the Unsafe Driving Statute, improperly interpreted the statute to attach four motor vehicle points on a third offense regardless of how much time has past since the person’s previous violation. My opinion has always been and apparently the New Jersey Supreme Court agrees, that the New Jersey Motor Vehicle’s Commission interpretation of the statue regarding the forgiveness component was improper. The New Jersey Supreme Court in Hina K. Patel v. New Jersey Motor Vehicle Commission (A-86-08), decided November 10, 2009, held that under N.J.S.A 39:4-97.2(e), the exemption provision for assessing motor vehicle penalty points for an unsafe driving offense that occurs more than five years after “the prior offense, ” “the prior offense” refers only to the most recent preceding offense based on both a plain reading of the statute and a review of the legislative history. In dicta, the Supreme Court rejected the suggestion that the forgiveness component of the statute is denied to third time offenders even if 5 years has past from a previous offense.
