As I mentioned in a previous post, those seeking to avoid motor vehicle points against their New Jersey licenses by pleading to the "Unsafe Operation" statute (N.J.S.A. 39:4-97.2) could find themselves trapped by an Appellate Court interpretation of it under State v. Patel. That is because that ruling mandated the assessment of four points for a third or subsequent offense no matter how much time had passed after the second. Fortunately, that interpretation is now being challenged in front of New Jersey's Supreme Court this Tuesday when that court hears oral argument. It will be interesting to see what the court's ruling will be, as it will most likely be the final word on the subject, unless the Legislature acts to clarify the issue.
Posted on Sep 13, 2009
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